Construction is one of the most dangerous fields in the world. One mistake or misstep can have disastrous consequences, causing serious injuries or even fatalities. If you’ve been injured in a construction accident, contact an Austin construction accident lawyer at FVF Law today for a free consultation at (512) 982-9328.
According to data from the Occupational Safety and Health Act (OSHA), construction fatalities comprise around 20 percent of all work deaths. Most of these accidents fall into what OSHA calls “the fatal four,” which include falls, electrocutions, workers struck by objects or caught in or between equipment, and collapsing structures or materials.
However, construction employees aren’t the only possible victims in construction site accidents. Austin motorists or pedestrians passing by may also be injured or even killed by construction equipment and debris and may also have legal rights to be compensated for their harms and losses.
Construction companies, property managers, equipment manufacturers, and other workers in the immediate area have a responsibility to make sure the worksite is as safe as possible, and each party must play its own part in that process. When one of these entities fails to meet its obligations and its negligence causes an accident, the injured party may have cause to pursue compensation for damages, which can be extensive.
Understanding what’s best for your case and what options are available to you will help you make the right decisions for your accident case — and protect your rights so that you can receive the compensation you may be entitled to under the law. Our lawyers also handle all personal injury related cases such as workplace injuries in Austin, medical malpractice, motor vehicle accidents in Austin, truck accidents, and more. Contact us today to seek legal advice from our experienced attorneys.
Construction accidents of all kinds can cause serious injury. FVF is experienced in a variety of construction injury cases including, but not limited to:
FVF has years of experience handling personal injury accidents, including construction accidents, with outstanding outcomes. Here’s what our Austin construction accident lawyers think you should know about your case.
Can I Sue for My Construction Accident Injuries?
In Texas, which is considered a comparative negligence state, victims have the ability to sue the party responsible for the accident that resulted in injuries.
What Relief is Available to Me from Construction Accident Cases?
Things like medical bills, lost earnings, and pain and suffering can be compensable, along with wrongful death. FVF Law knows just how deeply such damages can impact people’s lives, and is here to help you determine what you might be entitled to.
How Long Do I Have to File a Construction Accident Injury Claim?
How Long Will My Construction Site Lawsuit Take to Settle?
The length of time it may take your case to settle depends on a wide variety of factors. Those include the seriousness of the accident, how many parties were involved, who is at fault, and how complex it is to determine fault. Our team is here to help you determine all the factors that may come into play in your case.
What If I Am an Undocumented Worker? Can I Still Sue?
We understand that undocumented workers are often fearful of bringing their claims forward due to their immigration status. However, immigration status can’t be considered in such cases. Regardless of immigration status, those who have been injured in construction site accidents have a right to pursue recompense, and we are here to help.
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There are many factors that can contribute to accidents that occur on or around construction sites. The events that preceded your accident — as well as the relationship between you and the negligent party — will determine which actions you can take and will help your lawyer pinpoint which party or parties can be held accountable. Here are several possible causes of construction site accidents and their possible legal implications.
As you can see, the causes of construction site accidents are many and varied. Identifying the circumstances that contributed to your accident, the various parties involved, and their responsibilities under the law typically takes the expertise of an Austin construction site accident lawyer. Attorneys who specialize in these cases can help you understand your rights and your likelihood of receiving compensation from various sources.
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Construction site accidents present some special legal challenges due to the complex nature of construction sites and the regulations employers must abide by to protect employees. Below are a few additional issues that may impact your case.
How Do Workers’ Compensation Laws Impact My Construction Accident Case?
In a construction accident, the cause of the accident and your relationship to the at-fault party may determine your course of action. If you were injured on the job and your employer subscribes to workers’ compensation insurance, you will face legal obstacles if you want to file a personal injury lawsuit. However, if your injury is caused by someone who is not your direct employer, such as a subcontractor or equipment manufacturer, you are less likely to face those barriers.
Texas does not require employers to provide workers’ compensation insurance, which can cause confusion for workers injured on the job. While employers are legally required to post notices informing their workers of their workers’ compensation status, that does not mean that you’ve been properly informed of whether you have coverage or what steps to take when you have been injured. Subcontractors, who are used often in the construction industry, often have an even harder time navigating this process. Even if an employer has workers’ compensation, they may not have a policy that covers subcontractors.
When your employer does not have workers’ compensation, there is no automatic barrier to filing a lawsuit to recover damages when you’re injured on the job. Speaking with a construction accident attorney is the best way to begin to understand how your employer’s workers’ comp coverage status affects your recovery.
Determining who is liable for your accident may be especially complex. On the construction site, employers have one set of legal responsibilities, as do employees, third-party vendors, and property managers. Your relationship to these parties — and their relationship to one another — will affect your case and the legal strategy your construction site attorney creates.
For instance, if you are a private citizen hit by construction equipment, you will have a different set of rights and different options than someone working on the job site. Additionally, if your lawyer finds evidence that your accident was caused by a negligent employer, it may affect how he or she decides to move forward with your case. The bottom line is that it is in your best interest to at least consult an attorney to help you understand these details and who can be held legally liable for your accident.
OSHA protects many employees’ right to a safe work environment, so your case may require an understanding of OSHA guidelines and other safety regulations. The Occupational Safety and Health Act provides a set of rules that construction employers must follow in order to protect the health and safety of their workers. Additionally, construction companies and property managers often have their own set of safety guidelines that are specific to the type of work that is being performed on the job site.
Guidelines like these — from OSHA or otherwise — can often be used as the legal foundation for your case. However, understanding these rules, particularly OSHA regulations can be difficult. Additionally, it may be necessary to obtain documentation of employer guidelines, which employers may be hesitant to provide. A skilled lawyer can help you with both of these tasks.
It’s important to begin documenting your case right away. Taking the proper steps after your accident helps you protect your legal rights and ensure that your actions (or lack of action) will not undermine your case.
First, you should always seek medical attention as soon as possible, both for the sake of your health and so that you can document injuries and build a stronger case for compensation.
Second, it’s important to report the accident to the construction site manager. He or she is responsible for creating a report that will document the details of your accident, which may be used as evidence in your case. Austin employers are legally prohibited from retaliating against employees who document accidents or pursue legal action, so you should be as transparent as possible when reporting your injury.
It can be difficult to navigate a construction site accident claim by yourself. Because there are so many regulations around the construction industry — and so many possible parties involved — these cases are not as clear-cut as other personal injury cases. An Austin construction site accident lawyer can help you with the following:
While a lawyer can help you achieve better case outcomes for your construction site accident claim, it’s important to hire the right firm. An outstanding legal team like ours at FVF has not just years of legal experience but also sympathy for your circumstances and your needs as an accident victim. Our Austin personal injury lawyers put your interests first, offering education, advice, and support during a difficult time. Here’s what we bring to the table.
If you have been injured on or near a construction job site in Austin, you deserve the chance to fight for fair compensation — an FVF lawyer can help. Contact us today for a no-cost case consultation and learn how you can begin making the best possible decisions for your accident case.
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