Construction Accident Lawyer in Round Rock, Texas

COMMON CONSTRUCTION ACCIDENT CAUSES

Construction is an important industry in the Austin-Round Rock area, employing tens of thousands of construction workers.  High-powered objects, dangerous activities, and hazardous conditions make construction sites an inherently dangerous place.  Accidents can occur for any number of reasons.  Listed below are some of the most common types of construction accidents.  Familiarizing yourself with these common accident types may help prevent the occurrence of future accidents.

Fire and Explosion Accidents

Accidents involving fire and explosions are common in the construction industry, particularly at sites where blasting or volatile chemicals are being utilized.  For example, a natural gas leak or improper storage of combustible materials may lead to an explosion-type injury.  These injuries may cause severe burns or even death.

Hazardous Equipment Accidents

Hazardous equipment accidents encompass a wide range of construction activities.  These accidents typically involve power tools or machines such as drills, forklifts, and saws, amongst others.  Common injuries resulting from hazardous equipment accidents may include broken bones, crushed limbs, or death.   

Falls

Injuries resulting from a fall are very prevalent in the construction industry.  Many of these accidents involve someone falling off a ladder, scaffold, or related device.  Falls may also occur because of uneven surfaces or improperly marked hazardous areas.  Broken bones, sprains, and concussions are common fall-related injuries. 

Crushing Accidents

Crushing accidents are one of the most severe forms of construction-related injury.  Typically, these accidents involve the use of heavy equipment, such as construction vehicles or building materials.  Broken bones, amputated limbs, and death are all possible outcomes of crushing accidents.

WHAT TO DO AFTER BEING INJURED IN A CONSTRUCTION ACCIDENT

The immediate aftermath of a construction accident can be stressful and hazy.  Understanding what to do in the event an accident occurs may help protect your health and well-being.  Listed below are several important steps to take following a construction accident.

1. Seek Medical Attention

The first and most important step to take after being injured in any setting is to seek medical attention as soon as possible.  In construction accidents, time is usually of the essence because many injuries are so severe.  Do not hesitate to visit the emergency room or call 911.  Receiving proper treatment may put you in a better position to recover as efficiently as possible.

2. Document the Accident

Documenting the accident means collecting all important information and documents about the accident.  By keeping an organized record of this information, injury victims may make it easier to establish the effect the accident had on their finances and day-to-day lifestyle.  Examples of documents and information that you should keep include:

• Photographs of any injuries
• Photographs of the scene of the accident injuries
• A copy of the accident report
• The names and contact information of any witnesses to the accident
• A copy of medical records and hospital bills
• Personal notes regarding changes in day-to-day lifestyle

3. Contact a Construction Accident Lawyer

Handling a construction accident claim by yourself can be a daunting task.  For instance, filling out paperwork, communicating with insurance companies, and navigating the claims process can be complex and frustrating.

Speaking with a construction accident lawyer may help.  After an initial consultation, a lawyer may work on your behalf and protect your rights by gathering useful evidence to strengthen your claim.  A lawyer may also negotiate with insurance companies to make sure they do not take advantage of your injuries or inexperience.  If necessary, a lawyer may file a claim on your behalf.

WORKERS’ COMPENSATION

Construction accident claims may be governed by workers’ compensation laws if the employer opts in to the state workers’ comp program.  Although Texas does not require employers to carry workers’ compensation insurance, most do.  If your employer carries workers’ comp, this may be your only avenue to recover your medical bills and lost wages.

When an employer subscribes to workers’ comp insurance, there are very narrow circumstances where an injured employee can still sue their employer for personal injury.  The surviving family of an employee killed because of the employer’s intentional conduct or gross negligence may still recover exemplary damages.  An experienced workplace injury attorney may help you determine whether you are eligible for workers’ compensation or if you may seek a personal injury lawsuit.

Establishing Fault

A victim bringing a personal injury claim typically must establish that his or her injuries were caused by the negligent acts of another party.  On the other hand, workers’ compensation claims generally provide some amount of compensation to an injury victim as long as the injury occurred while on-the-job.  In other words, a person filing a workers’ compensation claim typically does not have to establish that his or her injuries were caused by another person’s negligence.

Compensation

A construction accident victim bringing a personal injury claim may be entitled to compensation for all the damages which can be proven.  Examples of such damages include both economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering and loss of enjoyment of life.  In contrast, workers’ compensation laws generally limit recovery to only economic damages. 

Multiple Claims

A construction accident victim typically will not be allowed to file both a workers’ compensation claim and a personal injury claim.  However, several important exceptions to this rule do exist.  For instance, if a construction accident was caused by a third party and not by the victim’s employer, the construction accident victim may be allowed to file a workers’ compensation claim with the employer and also file a personal injury claim against the negligent third party.

WHO CAN I SUE?

The Employer

Employers are charged with a duty to keep the workplace in a reasonably safe condition.  Employers who fail to keep a reasonably safe workplace may be subject to liability.  Whether the employer can be sued for such negligence depends on certain factors such as the terms and conditions of a workers’ compensation agreement.  A construction accident lawyer may assist by reviewing your employment contract to determine whether legal action may be taken against your employer. 

Read More: Round Rock Workplace Accident Lawyers

Contractors or Subcontractors

Construction sites are typically composed of many individuals.  Some of these people may be employed by a general contractor, a subcontractor, or some other third-party.  If a person who is not employed by your employer causes your injury, you may be able to file a claim against that individual or the individual’s employer.  

Property Owners

Like employers, property owners have a duty to maintain their premises in a reasonably safe condition.  Property owners who breach this duty may be subject to liability.  In other words, owners of the property where the construction site is located may be responsible for injuries if the conditions of the site were unreasonably dangerous. 

Manufacturers of Tools/Equipment

Manufacturers and sellers of defective tools may also be subject to liability if the victim’s injury was caused by the defective product.  For instance, if a construction worker was injured by a power saw with a defective switch, the manufacturer or seller of the drill may be held legally responsible for any resulting injuries caused by the defective part. 

LEGAL TIME LIMITS

Texas has a two-year statute of limitations for personal injury claims.  This means that a construction accident victim must file a claim within two years of the date of the accident or else the claim may be barred.  For example, if you sustained a construction accident on November 1, 2020, you must file a claim by November 1, 2022.

In certain cases, the two-year statute of limitations may be extended or “tolled.”  However, this is an exception and not the rule.  Because the statute of limitations is an important consideration in a personal injury claim, consider consulting with an experienced construction accident lawyer to learn more about how the statute of limitations may affect your claim.     

ZINDA’S ROUND ROCK ATTORNEYS ARE READY TO HELP

Our Round Rock attorneys offer years of experience negotiating, settling, and litigating construction accident claims.  Our firm also believes that an injury victim should never have to worry about being able to afford excellent legal representation.  That is why we offer 100% free consultations, and why you pay nothing unless we win your case.  That’s our No Win, No Fee Guarantee.

If you would like to discuss the details of your case with an experienced Round Rock construction accident lawyer, or to learn more about the claim filing process, call Zinda Law Group at (800) 863-5312 to receive your free case evaluation.

Meetings with attorneys are by appointment only.