Construction site injuries are unfortunately common, given the dangerous nature of the work. Whether you’re a laborer, contractor, or subcontractor, working on a construction site involves risks such as falling debris, equipment accidents, and unsafe working conditions. If you’ve been injured while working on a construction site in Texas, navigating the legal process can feel overwhelming. However, understanding your rights and taking the right steps after an injury can make a significant difference in the outcome of your case.
Step 1: Seek Immediate Medical Attention
The first thing to do after any injury on a construction site is to get medical treatment, even if the injury seems minor. Construction site injuries can sometimes appear less severe initially, but conditions like concussions, internal injuries, and fractures can worsen over time. Prompt medical attention will not only address your injuries but will also create an important record for your case.
Make sure to document everything about the injury during your medical visit, including diagnoses, treatments, and any follow-up care. These records will be crucial when you are pursuing a claim for compensation. If you can, take photos of your injuries and keep a detailed journal of your pain levels and recovery process.
Step 2: Report the Injury to Your Employer
After seeking medical attention, it’s important to report the injury to your employer as soon as possible. In Texas, employers typically require workers to notify them of any workplace injury, and failing to do so can affect your ability to file a claim. In addition, reporting the injury ensures that an incident report is filed, which can be valuable for documenting the event.
When reporting the injury, be clear and specific about how the accident occurred. Avoid admitting fault or making any statements that could be misinterpreted. Simply state the facts, and refrain from signing any documents until you’ve spoken with an attorney.
Step 3: Understand Your Workers’ Compensation Rights
Texas law allows employers to either provide workers’ compensation insurance or opt out. If your employer provides workers’ compensation, you may be eligible for benefits, such as medical treatment, lost wages, and vocational rehabilitation. However, workers' compensation claims generally do not allow you to sue your employer for additional damages.
If your employer does not carry workers’ compensation insurance, you may be able to file a personal injury lawsuit against them. This could allow you to pursue greater compensation for your injuries, including pain and suffering, lost wages, and future medical expenses. A Texas construction injury lawyer can help determine whether workers’ compensation or a personal injury lawsuit is the best course of action for your situation.
Step 4: Investigate the Accident and Gather Evidence
Gathering evidence after a construction site injury is essential for building your case. Take photos of the accident scene, your injuries, and any unsafe conditions that contributed to the injury. This may include faulty equipment, poorly maintained scaffolding, or hazardous materials.
If possible, try to get statements from any witnesses who saw the accident happen. Their accounts can help establish what happened and who may be at fault. Keep copies of your medical records, pay stubs, and any other documents related to the injury. These pieces of evidence will be necessary to prove the extent of your injuries and the financial impact of the accident.
It’s also a good idea to take note of any potential third parties who could be responsible for the injury. In construction accidents, the fault may not solely lie with your employer. Other parties, such as equipment manufacturers, subcontractors, or property owners, may also be liable for your injuries.
Step 5: Consult with a Personal Injury Attorney
Construction site injury claims can be complicated, involving multiple parties and various types of insurance. That’s why it’s important to consult with a personal injury attorney who specializes in construction accidents. A lawyer can help you navigate the legal process, ensure that your rights are protected, and advocate on your behalf to get the compensation you deserve.
Chelsie King Garza has extensive experience representing workers injured on construction sites throughout Texas. Our team can help investigate your case, identify liable parties, and assist you in pursuing either a workers' compensation claim or a personal injury lawsuit. An attorney can also handle the paperwork and negotiations, making the process less stressful for you as you focus on your recovery.
Step 6: Consider Your Legal Options
Depending on the specifics of your case, you may have several legal options after a construction site injury. If you are eligible for workers’ compensation, the process is relatively straightforward but limited in terms of the compensation you can receive. On the other hand, if your employer does not provide workers’ compensation or if there are third parties involved, a personal injury lawsuit could be a better option.
In some cases, multiple parties could be held liable for your injuries, including:
- Your employer, if they were negligent or failed to provide a safe working environment.
- Contractors or subcontractors, if they were responsible for unsafe practices.
- Manufacturers of defective tools or equipment.
- Property owners, if unsafe conditions on their property contributed to your injury.
Your attorney will help assess the details of your case and advise you on the best legal path.
Step 7: Negotiating a Settlement or Going to Trial
In many cases, construction injury claims are settled before they reach trial. Your attorney will handle negotiations with insurance companies or other parties involved in the case, aiming to reach a settlement that fairly compensates you for medical expenses, lost wages, and other damages. However, if a fair settlement cannot be reached, your attorney may recommend taking the case to trial.
Going to trial can be a lengthy process, but it may be necessary if the other party refuses to offer a fair settlement. A skilled attorney will be able to present your case effectively in court, ensuring that your rights are represented.
Speak to a Workplace Injury Lawyer
Dealing with a construction site injury in Texas is challenging, but taking the right steps can help protect your rights and improve your chances of receiving compensation. From getting medical treatment and reporting the injury to gathering evidence and consulting with a personal injury attorney, every step is important in ensuring your case is handled properly.
If you’ve been injured on a construction site in Texas, you don’t have to go through it alone. Contact Chelsie King Garza today for a consultation. Our team will help you understand your legal options, navigate the process, and fight for the compensation you deserve.
