• Construction worker helping another worker with a limp walk through construction site

A Guide to Filing Construction Accident Lawsuits

Have you been hurt on the job?

If you’re in a construction site accident, you need to know your legal rights. Specifically, it’s important to understand how you can file a lawsuit to get compensation for your injuries.

Read our guide to learn more about filing a construction accident lawsuit in Texas and how a lawyer can help.

What Is a Construction Accident?

Construction accidents are any accidents which take place on a construction site. Common causes of construction accidents include:

  • Faulty machinery
  • Lack of training
  • Spills and leaks
  • Lack of safety equipment

The most common types of construction accidents include:

  • Falling from a height
  • Burns and abrasions
  • Falling objects
  • Crush injuries

Some accidents leave victims with only minor injuries, such as cuts, bruises, and muscle sprains. However, the most severe accidents can cause nerve damage, limb loss, disfigurement, and death.

Yellow hard hat on construction site background with wooden frame hammer and tools

Construction Accident Law in Texas

In Texas, you have two options for filing a construction accident lawsuit. You can:

Private employers in Texas are not required to carry Workers’ Comp coverage. If you can’t make a Workers’ Comp claim, then there’s still the option of filing a personal injury lawsuit. We will cover both options below.

Workers’ Compensation Claims

If your employer carries Workers’ Comp insurance, then you should file a claim through the Workers’ Comp scheme. Workers’ Comp provides various benefits, including:

  • Medical expenses
  • Lost wages
  • Supplementary income
  • Wrongful death benefits (if the victim dies from their injuries, loved ones can claim these benefits)

You don’t need to prove fault to make a Workers’ Compensation claim. Instead, all you need to show is that the accident occurred during your employment. However, your claim may be denied if your employer can show that:

  • The injury didn’t occur at work
  • You were intoxicated at the time the injury occurred
  • You didn’t report the injury or illness

Filing a Workers’ Compensation Claim

There’s a set process for filing a Workers’ Comp claim in Texas.

First, you must formally report the injury to your employer within 30 days of the incident. You must then file a formal claim with the Division of Workers’ Compensation (DWC) within one year of the injury date. If you don’t file in time, you could lose your right to claim.

Your claim will be evaluated and your employer’s insurer will determine whether to accept or reject the claim. If your claim is denied, you should seek legal advice immediately on how to appeal the decision.

Personal Injury Lawsuit

If your employer doesn’t have Workers’ Comp, you can file a personal injury lawsuit. You can also do this if you’re claiming against a third party e.g. the manufacturer of faulty equipment.

To make a personal injury claim, though, you must show that someone is at fault for your injuries. You must show that:

  • A party (e.g. your employer) owed you a duty of care
  • They breached this duty of care
  • You got injured as a result of their negligence

Filing a Personal Injury Claim

Personal injury claims must be filed within two years of the accident date.

Your first step should be reporting the injury to your employer and then seeking medical attention. You should then contact a construction accident attorney immediately for advice on how to build your claim. They will ensure you understand your rights, walk you through the claims process, and help you gather essential evidence.

Claims can take anything from a few months to a year or two to settle.

Do I Need a Construction Accident Lawyer?

You have the option of handling your construction accident lawsuit alone. However, it’s best to call an attorney right away – here’s why.

  • Experienced attorneys know how much your claim is worth. Without a lawyer on your side, you risk getting less than you deserve for your accident.
  • Filing a lawsuit can be complex. When you’re injured, you should focus on recovery, not paperwork. An attorney will handle the legal process for you.
  • An attorney knows how to gather all the evidence which can help you file a lawsuit. They will move quickly to ensure that evidence is not lost or destroyed.

Ultimately, a construction accident attorney understands the obstacles you might face along that way. The attorneys at the Alexander Law Firm are ready to help you overcome those obstacles and get the damages you deserve.

Retain a Construction Accident Attorney

Construction site accidents can be devastating. If you’re injured at work, you deserve the maximum amount of compensation for your injuries. To discuss your case, call the Alexander Law Firm.

Our experienced construction accident lawyers will evaluate your case and explain your rights. If you have a claim, we’ll fight to ensure you get the fair amount of damages you deserve. We offer free consultations, and we don’t charge anything unless we win your case. Call now to schedule your free first consultation – we’re standing by, waiting to help.

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