Construction sites are among the most dangerous workplaces, with accidents causing severe injuries and financial hardships for workers. Falls, equipment failures, electrocutions, and structural collapses are just a few of the hazards that can lead to serious consequences. Understanding legal rights and the options available after an accident is crucial for workers seeking compensation.
Determining Liability in a Construction Accident
Multiple parties may be responsible when a construction accident occurs. General contractors, subcontractors, equipment manufacturers, and property owners all have a duty to maintain safe working conditions. If negligence contributed to an accident, these parties could be held liable.
Employers must follow workplace safety regulations set by the Occupational Safety and Health Administration (OSHA). When violations occur, resulting in unsafe conditions, injured workers may have grounds for legal action. Proving liability requires a detailed investigation into the cause of the accident, workplace policies, and whether proper safety measures were in place.
Workers’ Compensation and Non-Subscriber Claims in Texas
Texas does not require private employers to carry workers’ compensation insurance, which means some construction workers may find themselves without automatic coverage for medical expenses and lost wages. Those whose employers carry workers’ compensation can file a claim through the state-regulated system, but benefits may be limited and do not cover non-economic damages like pain and suffering.
If an employer does not subscribe to workers’ compensation, injured workers have the right to pursue a direct lawsuit against their employer for negligence. Unlike workers’ compensation claims, these lawsuits allow injured workers to seek full compensation for medical expenses, lost income, and non-economic damages.
Third-Party Claims for Construction Injuries
Some construction accidents result from the negligence of third parties rather than an employer. Equipment malfunctions, defective tools, and hazardous worksite conditions caused by outside contractors can lead to injuries that fall outside workers’ compensation claims.
In these cases, workers may file a personal injury claim against the responsible party. This type of legal action allows for broader compensation, including full medical costs, pain and suffering, and other damages that are not covered under workers’ compensation policies. Holding negligent third parties accountable ensures that workers receive the support they need for recovery.
Common Challenges in Construction Accident Cases
Employers and insurance companies often attempt to limit liability by shifting blame onto the injured worker. Claims may be denied based on allegations of failure to follow safety protocols or improper use of equipment. Without strong legal representation, workers risk receiving less compensation than they are entitled to.
Gathering evidence immediately after an accident is critical. Medical records, witness statements, and documentation of hazardous conditions strengthen a claim and counter attempts by employers or insurers to minimize payouts. An experienced legal team can investigate the circumstances surrounding the accident and build a case that fully supports the injured worker’s rights.
Legal Support for Construction Accident Claims
Recovering from a construction injury often involves extensive medical treatment, rehabilitation, and time away from work. Navigating the legal process while dealing with these challenges can be overwhelming, particularly when facing resistance from employers and insurance providers.
McKinnon Law provides comprehensive legal representation for injured construction workers in Houston. With a deep understanding of workers’ compensation laws, non-subscriber claims, and third-party liability, clients receive dedicated advocacy to secure the compensation they need. Seeking legal guidance early can make all the difference in ensuring a fair outcome and financial stability during recovery.