When a negligent party causes a construction accident, they may owe injured workers for their medical bills, lost wages, pain and suffering, and in some cases, disability. Pedestrians or non-workers injured in or around construction sites may also be eligible for compensation.
Underwood Law Office protects accident victims in Richardson, Texas, by helping them pursue compensation in personal injury cases. If you qualify, we can assign a Richardson construction accident lawyer from our firm to take over your case. We also handle workers’ compensation claims.
Options for Compensation After a Construction Accident
Accident victims may have the following options for pursuing compensation after a construction accident:
Employees May Qualify for Workers’ Compensation
If you are an employee of a construction company and you were hurt during work, your medical bills and a portion of your lost wages may be covered under your employer’s workers’ compensation policy.
However, workers’ compensation insurance is optional in Texas. According to the Texas Workforce Commission (TWC), if you are hurt on the job and your employer does not carry workers’ compensation, you have the right to file a fault-based personal injury lawsuit against them.
Filing a Fault-Based Claim or Lawsuit
You may be able to file a personal injury claim or lawsuit against the negligent party who caused your construction accident if:
- You were at work but were not covered by workers’ compensation, (e.g., you were an independent contractor or your employer was uninsured).
- You were a non-worker (e.g., a pedestrian) who was injured by someone else’s actions in or around a construction site.
- You were at work and were covered by workers’ compensation, but a negligent third-party caused your accident and you would like to pursue additional compensation from them.
Underwood Law Office Can Build Your Case
When you hire a Richardson construction accident lawyer from Underwood Law Office to represent you, we can:
- Investigate the cause of your accident to identify who may be liable for your injuries
- Figure out what laws or regulations they may have violated in causing your injuries
- Give you an overview of your options for pursuing compensation
Then, we can build your case with evidence of the responsible party’s liability. This evidence may include things like:
- Safety inspection records from the construction site
- Surveillance video of the accident
- Photos from the scene of the accident
- Statements from witnesses
- Any official accident or police report, if applicable
- Medical records confirming your injuries
The Damages You May Be Able to Receive
As part of building your case, we will also do a thorough review of your damages and calculate their value so that we are demanding a fair amount of compensation. In a construction accident case, these damages may include:
- Current and future medical bills for all expenses required to help you fully heal
- Lost wages for the time you missed at work while injured
- Reduced earning capability, if applicable
- Property damage
- Mental anguish
- Pain and suffering
This list is not conclusive, as you may qualify to recover other damages.
How We Fight for Compensation
After we have built your case, Underwood Law Office can submit your insurance claims and/or personal injury lawsuits to the responsible parties. Note that once you sign on for representation, we will take over all communications with these parties for you, so you will not be bothered with phone calls or paperwork from the other side’s representatives.
The responsible party’s insurance company may agree to our demands outright, or they may try to negotiate with us to reach a settlement. We will handle these negotiations and present any settlement offers they make to you for approval or rejection. If they do not give you a fair offer, and you wish to proceed to trial, Underwood Law Office will be happy to represent you in court and present your case before a judge or a jury.
There is an important deadline to be mindful of in this regard. Texas Civil Practice and Remedies Code § 16.003 sets a general two-year deadline on filing a personal injury lawsuit. We recommend all accident victims start their cases well in advance of this deadline so that they can preserve their right to sue.
A Construction Accident Can Occur in Many Ways
There are many ways that an accident can happen on a construction site. Accident scenarios can include:
- A worker is not given adequate safety equipment by their employer.
- A worker falls off of an unsafe structure.
- A falling object strikes a worker.
- A worker is electrocuted.
- A worker gets injured by a machine or a defective tool.
- Dangerous chemicals are mishandled and hurt a worker.
- A contractor using a vehicle at the construction site causes an accident.
- A pedestrian walking past a construction site is injured by construction activity.
- A driver gets hit by a construction vehicle at a roadside construction site.
In any of these scenarios listed above, the injured person may have a personal injury case against the liable party. This party may be:
- A construction company
- A construction site owner
- A contractor
- A tool or machine manufacturer
We understand the various laws and rules that apply to personal injury cases and construction sites, including federal workplace safety regulations imposed by the Occupational Safety and Health Administration (OHSA). Allow a representative of our firm to review the details of your accident during your call and help you figure out if you have a case.
Call Underwood Law Office Today
To find out how a Richardson construction accident lawyer from Underwood Law Office can help serve you, call us today at (972) 316-4236. A member of our team will provide you with a free, no-obligation case review during this call. We may be able to help you with your workers’ compensation claim, a fault-based personal injury case, or other legal needs.