Construction accident victims who face significant physical and financial challenges may benefit from having the representation of a knowledgeable personal injury attorney with experience handling construction accident cases.
Construction accident attorneys understand the complexities of personal injury law, and they can help clients injured in construction accidents by conducting a thorough investigation of the incident that caused the injury. Their follow-through ensures that paperwork related to the case is completed and submitted in a timely manner, and they'll pursue all possible avenues for compensation.
If you were seriously injured in a construction accident, here's what you should know.
Construction Accident Workers' Compensation Benefits
For construction workers who were injured on the job, workers' compensation benefits can provide payments for medical expenses and wages lost while recovering from injuries sustained on the job site. Texas workers' compensation program is a no-fault system, meaning that injured workers aren't required to prove their injuries were caused by someone else's negligence in order to receive benefits.
However, because Texas law allows employers to opt out of providing workers' compensation insurance, these benefits may not be available to all injured construction workers. Additionally, as workers' compensation only provides payments for medical expenses and lost wages, it may not be a sufficient form of compensation for construction workers who were seriously injured on the job.
When to Hire a Construction Accident Attorney
In some cases, resolving an injury claim through workers' compensation insurance is perfectly adequate. However, there are instances when hiring a construction accident attorney and pursuing compensation through a personal injury lawsuit has clear benefits, such as:
- Cases where the construction worker was injured as a result of another person's negligence. If the accident occurred because a property owner, general or subcontractor, or someone employed by another company failed to take precautions to create and maintain a reasonably safe work environment, an injured construction worker may have grounds for a personal injury lawsuit.
- Cases where someone was injured while visiting, walking by, or passing through an unsecured construction site. Property owners and general contractors are required to ensure that construction sites are safe for lawful visitors, as well as properly secured with signage warning passersby of potential hazards. If site owners and contractors fail to uphold these responsibilities, they could potentially be liable for injuries that occur as a result. Because workers' compensation benefits wouldn't be available to individuals injured under such circumstances, filing a personal injury lawsuit may be appropriate.
Personal injury lawsuits allow those injured in construction accidents to pursue a wider range of damages than they could receive through a workers' compensation claim. In addition to compensation for medical expenses and lost wages related to the accident, personal injury plaintiffs can seek a monetary award for non-economic damages, such as pain and suffering, mental and emotional anguish, scarring or disfigurement, diminished quality of life, and loss of enjoyment of life.
As for when is the best time to hire an attorney, when it comes to construction accident cases, the sooner a victim secures representation, the better. Waiting too long to hire an attorney could potentially damage a construction accident victim's ability to receive compensation for their injuries and other losses.
Hiring a Construction Accident Attorney
Not all personal injury attorneys have experience handling construction accident cases. To ensure that the attorney they retain has the necessary qualifications, construction accident victims can ask:
- How long the attorney's practiced law.
- How many construction accident cases he or she has handled.
- If he or she is willing to take the case all the way to trial if necessary.
- Whether the attorney will work on a contingency basis.
- If he or she can provide references.
Were You Injured in a Construction Site Accident?
If you were severely injured in a construction site accident, the award-winning construction accident attorneys with the McGartland Law Firm can help you pursue whatever form of compensation to which you may be entitled. Contact McGartland Law Firm today to schedule a free, no-obligation initial consultation to discuss your case.