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What Damages Can I Recover After a Construction Accident?

August 16, 2023

Construction sites involve heavy tools, equipment and activity, and that means accidents can occur when proper safety protocols are not followed or work is rushed. In 2021, nearly one in five workplace deaths happened as a result of accidents on construction sites. Slips, trips, falls, and struck-by accidents can also cost workers days of work and thousands in lost pay.

If you’re one of the many construction workers who has been hurt on the job, you may wonder what compensation benefits are available to you. Here’s an explanation of the damages a construction accident attorney can help you seek.

Workers’ Compensation Can Offer Some Relief

Many states require employers to hold workers’ compensation insurance, which pays benefits to injured workers. In Texas, however, employers don’t legally need to have this insurance. However, your employer may still carry workers’ comp through an insurance company even if they’re not required to do so. 

If your employer does offer workers’ compensation, your compensation claim could cover:

  • Medical bills related to the accident
  • Mental health damages (must be related to your accident/illness)
  • Income benefits if you can’t work
  • Death benefits if a loved one died on the job

Workers’ comp income benefits don’t pay a set amount for everything; rather, they vary depending on your weekly wages and how long you need to take off work. If you’re fully disabled and can never work again, workers’ comp could pay you benefits for life.

If your employer has workers’ comp insurance, you normally can’t sue them for an accident. However, there are exceptions to this rule which an experienced attorney can evaluate for you. Additionally, if the state requires them to have insurance and they don’t, you may be able to file a lawsuit against them with the help of a construction accident attorney.

Damages from a Third-Party Lawsuit

If you opt to sue a third party, you can seek many of the same kinds of damages that workers’ comp would give you. That includes:

  • Help with medical bills, including bills for emergency care, follow-up visits, surgery, and physical therapy
  • Wages lost because you can’t work
  • The cost of retraining or school if you can’t work in construction anymore
  • The cost of hiring somebody to help you at home
  • Pain and suffering
  • Emotional distress

Unlike workers’ compensation, which is no-fault and pays no matter who caused the accident, you’ll need to prove negligence to win a personal injury lawsuit. This means proving to the jury who was responsible for your injuries and what they did wrong. 

To do this, you’ll need to prove that the person (or company) who caused your injuries owed you some kind of duty and breached it. 

For example, let’s say that a subcontractor hands you a power tool they were supposed to maintain. Whether due to forgetfulness or laziness, though, they didn’t do their job. As a result, that tool catches on fire and burns you. You could hold them liable because of negligence.

It’s also possible to sue product manufacturers for defects they didn’t fix. For instance, if a manufacturer knew something was wrong with a certain model of tool but decided against fixing it to save money, you’re within your rights to file a product liability suit.

Types of Construction Accident Cases 

Our construction accident lawyers can help you file a claim for all kinds of accidents, including:

  • Scaffolding accidents
  • Ladder falls
  • Power tool failures
  • Burns and electrical injuries
  • Struck-by incidents
  • Trench collapses
  • Construction vehicle accidents
  • Exposure to toxic chemicals

Contact Us to Learn More About Possible Damages for Your Case

At Fadduol, Cluff, Hardy & Conaway, P.C., we know that every construction accident is different. That’s why we’ll provide advice tailored to your case. To find out more about potential damages you can seek, contact a construction accident attorney at 432-335-0399 today.