Ask a Construction Accident Lawyer: Will I Have to Go to Court?
Working on a construction site can be dangerous, especially if your employer does not enforce all applicable safety standards and regulations to keep workers safe. If you have been injured at work because of a construction accident, you should contact a construction accident lawyer in Houston, TX as soon as possible.
Ask a Construction Accident Lawyer in Houston: Will I Have to Go to Court?
Most of the time, construction accident cases can settle outside of court through a worker’s compensation settlement. However, there may be times when it’s impossible to settle outside of court. Sometimes, a construction company may refuse to pay worker’s compensation or an insurance company can dispute who is liable for the accident.
If you are unable to receive worker’s compensation from your employer, and you are suffering financial damages as a result, you have the right to seek compensation from a lawsuit. Your case may need to go to trial so a judge and jury can determine who is responsible for your accident and the amount of compensation you deserve. To learn more about how a lawyer can help with your case, check out this site.
What Are Common Worker’s Compensation Injuries?
Data from the last few years shows that worker’s compensation claims for lost working time tend to be the result of slips, falls, and burns. The injuries resulting from these incidents can include concussion, traumatic brain injury, paralysis, broken bones, and loss of limb. Some of these accidents can also cause crushing injuries or even loss of life.
Who Is Liable for Your Construction Accident?
If you have been injured on a construction site, there are a few parties who may be considered liable. Sometimes, your employer is directly responsible for your injuries because of negligent hiring practices or because the workplace is unsafe due to OSHA safety violations. If another employee caused your accident, then your employer may still be held liable because of employer liability laws.
However, you may also be able to hold other people accountable for your injuries if their actions directly caused your accident. Equipment manufacturers producing defective products, third-party contractors who perform job tasks poorly, and construction engineers that create faulty building plans can all be held responsible for your injuries. Sometimes, you can file lawsuits against each of these liable parties for maximum compensation.
What Compensation Can You Claim?
As an employee, you are entitled to certain worker’s compensation benefits when you are injured at work. These benefits should cover the cost of your lost wages, either temporarily or long-term, as well as the cost of your medical bills. Some employees sue for pain and suffering damages, particularly if the injury causes severe pain or reduces the quality of life.
If your loved one died as a result of a construction accident, then you can also sue for death benefits or funeral expenses if you are an eligible party. Typically, an eligible party is someone who is legally or biologically related to the deceased individual, which means spouses, children, and parents.
What If You Were Injured as a Bystander?
While the vast majority of construction site accidents cause injuries to construction workers, there are still many people who may be injured as a bystander. If you are walking by a construction site, and you are injured by equipment or construction materials, then you can hold the construction company responsible for your injuries, as well as the land developer.
However, to prove the construction company is liable for your injuries as a bystander, your lawyer will need to build a tight case to advocate for your rights. Evidence must show that you were injured through no fault of your own because the construction company failed to behave safely, which caused direct harm to you as a victim.
How Can a Construction Lawyer Help With Your Case?
You may need to hire a lawyer to help you claim worker’s compensation or file a lawsuit against your employer. A lawyer can offer a lot of guidance throughout the legal process, including helping you identify all liable parties who owe you compensation and helping you understand all the laws that apply to your lawsuit.
Your lawyer can also help you negotiate for a better settlement that will cover the cost of all your damages. When a lawyer negotiates your settlement, you may have the option to choose how your settlement will be paid out, such as with a lump sum payment or another payment arrangement. Once you accept a settlement, you will not be able to file additional claims for your injuries in the future.
Whether you are a construction worker or an innocent bystander, being injured in a construction accident can cause major injuries. All parties responsible for causing your injuries should be held responsible, including the construction company, engineer, and land developer. Most of the time, you can settle your lawsuit outside of court.
