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Claims for Accidents on a Construction Site

November 6, 2019
Claims for Accidents on a Construction Site

You can probably guess that workers in construction are most at risk of workplace injuries, and this assumption is largely true. According to the US Bureau of Labor Statistics, there were 198,100 people hurt or killed in accidents associated with the construction industry.

Of these, a whopping 79,800 victims missed days of work, and another 35,700 could only work under restrictions or through a job transfer.

Your entire household is affected when you’re hurt and unable to earn the income to which you’re accustomed, so it’s understandable that you’ll want to know more about your rights. A construction site accident attorney can provide specific details, but an overview of these claims may be helpful.

Common Types of Construction Injuries

The construction site is a dynamic, fluid environment that encompasses many components, including crews, equipment, materials, and others. Under these circumstances, there are certain incidents that happen frequently. Examples include:

  • Falls from scaffolding, cranes, a roof, ladder, or other object;
  • Equipment-related mishaps;
  • Falling objects and debris;
  • Fires and explosions;
  • Structure or building collapses; and,
  • Many more.

Your Rights in a Construction Injury Claim

Most construction-related accidents are covered by state workers’ compensation laws, which require employers to carry insurance to protect employees who are hurt at work.

Though Texas doesn’t have a statutory mandate, many employers do have a workers’ comp insurance policy. When you’re hurt, you file a claim with the insurer to receive benefits, and you’ll usually be approved if:

  • You’re a true employee, as opposed to an independent contractor; and,
  • You were hurt on the job while performing work-related tasks.

Note that you don’t have to prove fault when filing a claim; however, the caveat is that workers’ comp is your sole remedy in the majority of construction accidents.

In rare cases, you may be able to sue in court to recover compensation for your injuries, but your situation must fall within very narrow exceptions to the default rule.

Benefits for Construction Accident Victims

In a workers’ comp claim, you may be eligible for multiple forms of monetary benefits, such as:

  • Costs to treat your injuries, now and in the future;
  • Wage replacement, as reimbursement for your lost income;
  • Vocational training, in the event that your injuries prevent you from working in construction and you need assistance with employment skills; and,</li
  • Death benefits, if a qualifying family member dies in a construction accident.

If you do have rights through a personal injury lawsuit, there’s another form of compensation available: Damages for pain, suffering, and other losses.

Speak to a Construction Site Injuries Lawyer for Free

If you suffered injuries in a construction site accident, it’s important to work with a skilled attorney who can help you recover the benefits you’re entitled to by law.

Our team at Fadduol, Cluff, Hardy & Conaway, P.C. has extensive experience representing victims in New Mexico and Texas, so we’re prepared to protect your interests in a workers’ comp claim or a civil lawsuit. Please call us toll-free at 800.433.2408 or check out our website to set up a free consultation today.