Can I be Compensated for an On-the-Job Injury?
An insurance report recently declared that construction site injuries in Texas have been on the decline. However, that report may not tell the whole story. A more sobering study determined that in 2023, about 13,000 people nationwide were injured a day in job accidents, resulting in a total of four million injuries and 4,500 fatalities. Although accidents are common, many people do not know what steps to take following an on-the-job injury.
While you may be aware that you can seek compensation for your injuries, you may not be certain who can be held responsible or how. This can be especially true on a construction site, where multiple companies may be involved, and several individuals may be responsible for employee safety. This is why if you or a loved one were injured on the job at a construction site, you should immediately contact our ace attorney. An experienced attorney can help you determine who’s responsible for your injuries and how to hold them accountable.
What Should I Do if I’m Injured On-Site?
The immediate first step you should take if you’re injured on the job is to seek medical attention. Construction site accidents can be hazardous and lead to partial or complete paralysis, dismemberment, severe burns, organ injury, electrical injuries, and even death. Getting to a hospital, ER, urgent care, or other medical facility immediately can make all the difference. Not only can seeking medical attention save your life and your quality of life, but proper documentation will also become important during your recovery process when taking action regarding your injury.
After you have received proper medical attention, you must report your accident to your employer. Reporting the accident is necessary and crucial in establishing a paper trail for your injury. Then, you should consult an experienced attorney. The following steps in the process can be challenging, especially if multiple possible parties may be responsible for your injuries. An attorney will be able to help you navigate this process with the highest potential for success.
Can I File Workers’ Compensation if I’m Injured On-Site?
In many instances, your injuries may be covered under workers’ compensation. If your employer has not opted out of workers’ comp, it may provide you with a variety of benefits, including but not limited to:
- Lost Wages
- Medical Expenses
- Benefits for Permanent Injuries
- Retraining
- Survivor’s Benefits
Filing a workers’ comp claim can be a long and complex process. In some instances, claims may be initially rejected for a variety of reasons. Additionally, in Texas, workers’ compensation claims must be filed within a year from the date of your injury. Getting a claim successfully filed within this time frame can intimidate some individuals. An experienced attorney can help you navigate the workers’ compensation process to ensure you receive benefits in the quickest manner possible.
In some instances, you may not be eligible to file workers’ comp. This is especially true if your workplace has opted out of workers’ compensation. In Texas, many workplaces opt not to participate in workers’ compensation. Opting out of workers’ comp makes a workplace a “non-subscriber.”
A non-subscriber does not have to pay for workers’ comp benefits. Employees working for a non-subscriber must be notified. Additionally, non-subscribers must report workplace injuries to the Texas Division of Workers’ Compensation (DWC). While non-subscribers may save money in the short term, opting out of workers’ compensation also opens a workplace up to a lawsuit.
Can I Sue if I’m Injured on a Construction Site?
Whether you can sue and who can be held responsible will vary according to the circumstances of your injury. You may receive just compensation by going through workers’ comp. However, in many circumstances, your employer may not even be responsible, or multiple parties may be responsible for your injury. For example, if a piece of faulty equipment injures you, the manufacturer, rental company, or other party might be liable. In these circumstances, you may be able to take legal action and seek financial compensation. In some situations, you may be eligible to both seek workers’ comp and file a lawsuit. A knowledgeable attorney can determine who’s responsible and how they can best be held accountable.
To file a successful lawsuit, you’ll need to demonstrate a variety of factors in court. Generally speaking, there are four elements which must be proven. The first is duty of care. Duty of care establishes that a party is responsible for keeping you safe. The next is breach of duty. Breach of duty demonstrates that the responsible party failed to keep you safe. You will then need to prove cause. Proving cause establishes that the accountable party’s breach of duty caused your injury. Finally, you must confirm your actual financial damages due to this injury. Proving all four of these elements is crucial to a lawsuit following a construction site injury. It is also essential to remember that Texas has a statute of limitations on filing lawsuits for workplace injuries. If you are hurt on a construction site in Texas, you have two years to seek legal action. Waiting too long can prevent you from being able to collect compensation.
What Should I Do if I’m Injured on a Construction Site?
Accidents are a fact of life. However, in many instances, accidents are preventable. Individuals and businesses who do not take others’ safety seriously should be held responsible. This is why if you or a loved one were injured on a construction site, you should immediately contact Bergmann Law Firm, PLLC. William Bergmann is a proud, born-and-raised San Antonian with a background in litigating multi-million-dollar legislation for a large Texas law firm. Wanting to pay back his success, he opened Bergmann Law Firm, PLLC to represent the average person who needs someone to stand up for them. He deeply respects construction workers and knows they’re some of the people who help keep Texas running. He dislikes situations where innocent workers are hurt or worse because of someone else’s irresponsibility and works to ensure his clients receive the best possible outcome.
Navigating the aftermath of a construction site accident can be challenging. This is especially true if severe injuries are involved. William Bergmann can help take care of your case. If you or a loved one were hurt on a construction site, don’t hesitate to call Bergmann Law Firm, PLLC today at 210-759-4336.
