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What to Expect During a Construction Accident Lawsuit

November 8, 2023
Construction Accident Lawsuit

If you suffered an injury in a construction accident, what should you know about your legal rights to pursue compensation for your injuries? The construction industry is dangerous, and statistics from the Occupational Safety and Health Administration (OSHA) indicate that 976 of 4,764 worker fatalities occurred in construction in 2020. When should you contact a construction accident lawyer for your claim?

Who Can Be Held Liable for Construction Site Injuries?

Many different parties could potentially be liable for a construction site injury. Possibly liable parties include:

  • Your employer
  • General contractors or subcontractors working on-site
  • Equipment manufacturers that rented or made defective equipment
  • The construction site property owner

Depending on whether your employer has workers’ compensation insurance or not, you may have to file a claim through workers’ comp. You may also be able to pursue compensation through a personal injury lawsuit. Another on-site contractor might be responsible for your injuries if one of their employees caused the accident, failed to properly operate or set up equipment, or even set up appropriate hazard notices properly.

Defective equipment manufacturers could be liable if a defective part caused your accident. A construction site owner could also be liable if they failed to make the site safe for work crews to be on the premises.

Can Injured Construction Workers Sue Their Employers?

Texas does not require private-sector employers to provide workers’ compensation insurance coverage for their employees. This liability insurance covers injured employees for medical bills and lost wages and protects employers from personal injury lawsuits.

Injured construction workers can sue their employers in Texas if their employer does not have workers’ comp insurance. In New Mexico, an employer must carry workers’ comp insurance, and an injured worker may only sue their employer if very limited circumstances;  that’s why it is so important to contact an experienced, knowledgeable attorney who knows New Mexico law.  

You must prove negligence in a personal injury lawsuit against your employer or a third party that contributed to your injuries. The four elements of negligence you must prove include duty of care, breach of duty, damages, and causation. Negligence in a construction accident personal injury case can include:

  • An employer not providing appropriate personal protective equipment (PPE) such as fall-arrest systems or hi-vis vests
  • An employer not installing guardrail systems around raised platforms or excavation sites
  • An equipment manufacturer making a defective product
  • A contractor with another company leaving tools out or failing to follow safety protocols

Construction Worker Injuries and Immigration

Federal law protects injured workers from injury retaliation regardless of immigration status. The construction industry often employs workers who have not entered the U.S. legally. Workers without legal immigration status may file workers’ comp claims or personal injury lawsuits if injured on the job.

Injured in Construction? Contact Our Firm in Texas and New Mexico

When you need a construction accident lawyer in New Mexico or Texas, contact us at Fadduol Cluff Hardy & Conaway P.C. Law. Call us today at 800-433-2408 or contact us online to schedule a case review at one of our offices.