Construction Accident Lawyers in Pearland Helping Injured Workers Recover Fair Compensation
According to a report by the U.S. Bureau of Labor Statistics, the number of fatal construction accidents hit a 5-year high in 2020, with 308 deaths. While construction workers have an inherently dangerous job, the risks of injury and death could be minimized if all parties followed safety protocols and acted responsibly, possibly preventing yet another serious accident or death. Learn what to do to recover compensation for a construction accident caused by someone else and the role an attorney can play in helping you with your claim.
What Causes Most Construction Accidents in Texas?
The U.S. Bureau of Labor Statistics reports that slips, trips, and falls are the leading causes of fatal and non-fatal construction accidents. Many workers have suffered fatal accidents due to falls – an estimated 62.2% of workers are exposed to heights, meaning their center of gravity is more than 5 feet off the ground, and they are exposed to the risk of injury from falling, yet only 31% of workers use any type of PPE (Personal Protective Equipment).
The second leading cause of construction-related injuries or illness is exposure to harmful substances, with over 1500 cases reported in 2020. In addition, construction workers are often required to use medium or heavy strength as a part of their daily activities, which may cause injuries due to overexertion. Another cause of serious or fatal accidents is transportation incidents – more than 30% of construction workers are required to operate a motor vehicle or heavy equipment. In 2020, there were at least 75 fatal transportation accidents reported.
Who Is Financially Liable for My Construction Accident?
There are many different parties present at a job site – from employees to independent contractors, vendors, and subcontractors. When an accident occurs on a construction site, the financial liability for the worker’s injuries depends on whether the worker is an employee as well as which party was responsible for the accident.
If the accident was caused by your employer or another employee and your employer is covered by workers’ compensation insurance, you may file a workers’ compensation claim and receive payment for your medical expenses. If you are temporarily unable to work, you may also receive a percentage of your regular wages.
In Texas, most construction workers are covered by workers’ compensation, but employers are not required to carry workers’ comp insurance. If your employer is a non-subscriber or your injury was caused by another party, such as a subcontractor, you may need to sue the responsible party directly or file an insurance claim if they carry liability insurance, and it may be a good idea to seek the help of an attorney.
What Happens if I Am an Independent Contractor Hurt on the Job?
Independent contractors are not considered employees and thus are not covered by workers’ compensation. If you are an independent contractor who was injured on a construction job site, you may either seek legal action against the responsible party or attempt to file a liability insurance claim.
Keep in mind that you may need to gather evidence to prove that your accident and injuries were caused by another party’s negligence, as the burden of evidence falls on the claimant. As an upside, seeking compensation outside of workers’ comp claims may mean you may receive a higher settlement that includes payment for pain and suffering. Speak to a construction accident lawyer to learn your options.
What Can a Construction Accident Lawyer Do to Help?
Construction is a dangerous industry by definition, but that does not mean an injured worker can be mistreated and paid less than what they deserve. At the Kahn Law Firm, P.C., our construction accident lawyers can represent you and help you recover fair compensation after your accident. We can help you gather evidence, prepare your claim and hold the at-fault party liable for your damages. If you were injured in a construction accident, reach out to the Kahn Law Firm, P.C., by calling our office in Pearland, Texas, at 713-999-6549.