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Can You Sue for a Construction Accident in Texas?

Texas construction worker doing masonry

Consult a Construction Accident Lawyer to Find Out.

Working in construction is among the most dangerous jobs in the U.S. Texas construction accidents pose daily risks to employees who work with or near heavy machinery, toxic materials, falling objects, insecure heights, and a lot of moving parts. Sometimes, construction accidents are fatal.

People injured at work are almost always eligible for financial compensation. However, you may not have to file a lawsuit to get it. An experienced construction injury lawyer can determine who is liable and how to get the compensation you deserve.

If you were injured in a Texas construction accident, contact The Herrera Law Firm for a free case consultation. We can answer your accident-related legal questions and help weigh your options for compensation.

In the meantime, here is some information workers should know about Texas construction accident compensation.

What are my options for compensation after a construction accident at work?

Typically, after a Texas construction worksite accident, an injured worker has several options:

  • File a Workers' Compensation claim. Most employees are eligible for Texas Workers' Compensation after a work injury or illness - if their employer has it. Workers' comp pays for medical treatment as well as lost wages while you heal. It also protects employers from injury lawsuits.
  • File a non-subscriber claim. Texas is the only state that does not require qualifying employers to subscribe to a workers' comp program. Non-subscribing employers may carry "non-subscriber insurance" that covers some of the same things as workers' comp - and confusingly, they may even call it workers' comp - but it is not Texas Workers' Compensation and does not protect the employer from civil lawsuits. If your employer is a non-subscriber, you may be able to file a civil claim against them.
  • File a civil lawsuit against an at-fault third party. On construction sites, there are often many different contractors working. If your injury is a result of a subcontractor's negligence, for example, you would file a third-party lawsuit against them for compensation. Other third parties that may be involved include the general contractor, property owner, architect, engineer, or manufacturer of defective equipment.
  • File a workers' comp claim and a lawsuit. When there is a third-party liable for your injuries, you may be eligible to file a workers' comp claim and a third-party lawsuit. A lawsuit would allow you to obtain compensation for things not covered by workers' comp like pain and suffering. Likewise, if you lost a loved one in a fatal construction accident, you may be eligible for both workers' comp death benefits and a wrongful death lawsuit against the responsible party.

One of our San Antonio work injury lawyers can help you decide which option is right for you.

Top construction worksite safety hazards

Here are some of the most common construction hazards that lead to work injury compensation.

  • Slip, trip, and fall - Anything that could cause a worker to lose balance or bodily support is a construction site fall hazard. Construction falls often involve ladders, scaffolding, cluttered work surface areas, and roofs.
  • Struck by moving machinery or falling objects - Forcible contact between a worker and an object, equipment, or falling material are just some of the job site risks for "struck-by" accidents.
  • Trench collapse - In excavation, trench collapse is a major safety hazard. Narrow or inadequate points of entry and egress add to the potential for cave-ins to be catastrophic.
  • Electrical hazard - A metal ladder making contact with overhead power lines and faulty wiring are just two examples of how an electrical accident can happen. Construction workers may be injured by an electrical arc flash or arc blast, contact with electrified equipment, or power-generating machinery.
  • Hit by a work truck, forklift, or another vehicle - Construction accidents may involve loaders, graders, bulldozers, backhoes, and cranes.
  • Fires and explosions - Among the construction site materials that could cause a catastrophic explosion are: bad electrical wiring, combustible dust like aluminum and iron; smoking; flammable chemicals; mechanical sparks; defective equipment; trucks; improper storage of flammable materials; and gas leaks.
  • Exposure to harmful substances - Exposure can injure a worker through touch - causing burns, scarring, etc. - or inhalation. Inhaled toxic chemicals, fumes, and/or particulate material can cause a lot of damage including life-threatening internal injuries, lung damage, and illness. Hazardous substances may be released during grinding, cutting, sanding, soldering, etc. Substances that pose an inhalation risk to construction workers include solvents, asphalt, silica, lead, drywall, asbestos, wood, and ash.

We fight for injured Texas workers

The Herrera Law Firm knows how to handle work injuries. We have a reputation for overcoming employers and insurance companies that want to reject or lowball your work injury claim. If you were injured in a Texas construction work accident, contact The Herrera Law Firm for a free case consultation. We are located in San Antonio and serve communities throughout Texas. A member of our team is available to hear from you day or night. We can schedule your free case consultation today.

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