A construction site accident can be a scary and severely harmful experience, leading to major injuries that impact a worker physically, mentally and financially. It is common for injured construction workers in Texas to have a lack of information about their legal rights in the aftermath of accidents – something that can get in the way of justice.
Set yourself up for a successful claim as an injured victim by knowing exactly what steps to take after a construction accident. If you would like personalized information and advice regarding your case, consult with a local construction accident attorney in Austin.
Get Medical Care
Construction sites are dangerous locations, especially when construction companies and site managers are careless or violate safety regulations by the Occupational Safety and Health Administration (OSHA). Construction accidents can lead to severe injuries, including broken bones, traumatic brain injuries and spinal cord injuries.
Never delay in seeking medical care for construction accident injuries. This can be harmful both to your physical recovery and your financial one, as an insurance company may use your delay in treatment as proof that you were not too badly injured or you failed to mitigate your damages.
Go to the nearest hospital for a checkup. Even if you initially feel fine, you may have hidden symptoms or your adrenaline could be masking pain. Follow the doctor’s treatment orders and obtain copies of your medical records and bills.
Monitor Your Injuries
As time passes, continue monitoring and documenting your injuries. Take photographs and keep an injury journal, where you write down a daily description of how you are feeling. This can help you prove your injuries during an insurance claim. If new symptoms arise or any changes to your health occur, seek help from your doctor immediately.
Report the Construction Site Accident and Injury
Report the accident to your employer, supervisor or construction site manager right away. Explain what happened but do not admit fault. If you can, notify your employer in writing and keep a copy for your records. To qualify for workers’ compensation, if your employer has this coverage, you must notify your employer within at least 30 days of the injury.
Document the Accident
Your ability to collect financial compensation for a construction site accident in Texas may depend on how thoroughly you document the incident and your losses. Whether you file a workers’ compensation insurance claim or bring a personal injury case against someone, you will need to back up your claim with evidence.
Do your best to document your claim by taking the following actions:
- Describe the accident. Write down a detailed description of events in your own words while the accident is still fresh in your memory.
- Identify witnesses. If any of your coworkers or others were at the accident scene and witnessed what happened, write down their names and phone numbers. Ask them for written statements about what they saw.
- Take pictures. If you can, take pictures of where the accident took place before you leave the scene. If a dangerous property defect caused you to fall, for example, take pictures of the hazard. Capture images of your injuries in various stages of healing, as well.
- Look for video cameras. Look around the perimeter where your accident took place to search for security or surveillance cameras on the premises. Ask the property owner for copies of any footage of your accident.
- Request an accident report. Ask your employer or construction site manager for an official accident report. This is a written document that includes all of the details of your accident. Have your employer sign it, along with your own signature. Keep a copy for your records.
It is also wise to preserve any available physical evidence, such as any machinery or tools that played a role in your accident. Keep the clothes and shoes you were wearing at the time. The more evidence and documentation you can collect, the stronger your construction accident claim will be.
Know Your Rights
If you sustain an injury while working in construction in Texas, you have legal rights in terms of seeking financial compensation for your losses. You can be made whole again by pursuing one or multiple types of injury claims.
Your financial recovery options may include:
- A workers’ compensation claim: a no-fault claim to insurance benefits for work-related injuries that is available if your employer has this type of coverage. Employers in Texas are not required to carry workers’ comp insurance, but many do to protect themselves from liability.
- A personal injury claim: a legal claim based on the doctrine of negligence, meaning the failure to act with proper care, that seeks to hold a defendant responsible for causing or contributing to the construction accident.
- A wrongful death claim: a claim that is similar to a personal injury case, except that it is filed by the surviving loved ones of someone who died in a construction accident in Texas.
You may be able to sue outside of the workers’ compensation system in Texas if one or more parties contributed to your construction accident through a careless or wrongful act or omission. If that party is your employer, you must choose between a workers’ compensation claim or a personal injury lawsuit; not both. If the at-fault party is a third party, however, you could file both.
Contact a Construction Accident Attorney in Texas
Navigating a construction accident claim as an injured victim can be difficult. At FVF Law Firm, we believe construction accident survivors should be able to focus on healing from their injuries and returning to their lives – not get stuck dealing with a complicated legal process.
That’s why we implore anyone who’s been injured on a construction site in Texas to contact us for a no-cost case evaluation with a knowledgeable attorney. Our lawyers have more than 100 years of combined experience and have been trusted by thousands of workers throughout Texas to handle their most challenging cases.
We truly care about our clients and understand what you’re going through. We are here to help you get through this and pursue the financial justice that makes you whole again. Call (512) 640-2146 today to get started.
