San Antonio Construction Accident Lawyer
Construction work is one of the most dangerous jobs in the country. Tragically, thousands of Americans suffer life-altering injuries or death on construction sites every year. The Americans who survive their accidents are often left with a complete inability to work on top of unmanageable medical expenses. Some construction workers don’t even receive workers’ compensation benefits, which makes the entire situation so much worse. If you’ve suffered injuries from a construction accident, you need a construction accident lawyer from Janicek Law on your side. Call us today at 210-366-4949 for a free consultation.
How Common Are Construction Accidents in the U.S.?
It’s no secret that the construction industry is incredibly dangerous. According to the U.S. Occupational Safety and Health Administration (OSHA), more than 5,300 Americans died on the job in 2019. Just over 1,000 (or about 20%) of these deaths were construction workers. This means that construction deaths accounted for about 1 in 5 total worker deaths in 2019 alone.
Meanwhile, the Center for Construction Research and Training claims that American construction workers suffered more than 79,000 serious injuries in 2019 alone.
Types of Construction Accidents
The average construction site has lots of heavy equipment, sharp objects, and tall structures, making it the perfect environment to lead to serious injuries or wrongful death. Despite the countless safety regulations in place to protect construction workers from devastating injuries, accidents happen every single day. The most common construction accidents are listed below.
- Electrical accidents
- Scaffolding accidents
- Heavy machinery accidents
- Faulty equipment accidents
- Poor training
- Falling objects
- Defective safety equipment
- Fires and explosions
- Exposure to toxic chemicals and other substances
- Slipping and falling from tall structures
- Welding accidents
- Lack of safety regulations and training
- Crane, hoist, or harness malfunctions
- Collapsing structures
According to a 2020 report from the Center for Construction Research and Training, contact with dangerous objects or equipment is the leading cause of most construction accident injuries, accounting for almost 33% of injuries that year. Coming in second place are slips and falls, accounting for 31% of injuries that year.
Types of Construction Accident Injuries
Tragically, a construction site accident can result in catastrophic injuries and permanent disabilities. The most common injuries that we see in construction accident cases are listed below.
- Spinal cord injuries (SCI)
- Traumatic brain injuries (TBI)
- Broken bones
- One or multiple amputations
- Major burns, scarring, and bruising
- Vision loss and hearing loss
- Electrocution injuries
- Illnesses due to chemical exposure
- Crush injuries from falling objects
- Joint, muscle, and tendon injuries from repetitive motions
- Facial scarring and disfigurement
- Wrongful death
Who Can Be Held Liable for Construction Site Accidents?
Maybe you’re an injured construction worker looking to file a personal injury lawsuit, but you’re not sure who exactly to sue. When it comes to already chaotic construction sites, it’s certainly difficult to figure out who caused the unsafe conditions that led to your severe injuries. Any of the parties below could have contributed to your construction site injury.
- Construction site owners
- The general contractor
- Engineers
- Architects
- Maintenance crews
- The manufacturers of defective equipment
- Negligent construction workers
San Antonio construction accident lawyers at Janicek Law will thoroughly investigate your construction accident case in order to determine the negligent party.
No. Under Texas law, employers don’t have to have workers' compensation benefits. Employees who do have workers comp insurance must notify all employees of the name of the insurance company just in case they ever suffer work-related injuries.
It’s important to note that some Texas employers choose to have private occupational injury plans instead of normal workers comp insurance. If your employer has this type of plan, they should inform you about it upon hiring you.
In Texas, you can only sue your employer for a construction site accident if they don’t have workers' compensation benefits. The only exception to this rule is if you’re injured from punch-press operations, asbestos exposure, or boat jobs. If an investigation reveals that a third party caused your injuries, then you could certainly sue that third party.
In Texas, injured workers must report their injuries to their employers within 30 days. But injured workers have 1 year from the date of their accident to file workers' compensation claims. You must submit a DWC Form-041 to the Texas Department of Insurance, Division of Workers Compensation (TDI-DWC) in order to receive benefits.
In the state of Texas, it’s illegal for employers to fire their employees just for filing workers' compensation claims. If you’re facing threats of termination after suffering a serious injury on a job site, call construction accident lawyers at Janicek Law. We will defend you and help you recover compensation.
Sometimes, construction injuries are so severe that workers comp simply doesn’t cover all the medical bills. When this happens, construction workers are generally left with 2 options: spend a lifetime paying off medical debt or file a personal injury lawsuit in order to cover the rest of the bills. This is a tough decision to make alone. If you call our San Antonio law firm, a construction accident lawyer can help you figure out the best option for recovering enough financial compensation.
Damages for a Construction Accident Injury
A construction accident victim can suffer a variety of damages which they should seek compensation for. Our experienced legal team can help you receive fair compensation for:
- Past and future medical bills
- Past and future rehabilitative bills
- Caregiver expenses
- Expenses for necessary medical equipment such as wheelchairs, braces, walkers, etc.
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Permanent scarring and disfigurement
- Loss of consortium
- Funeral and burial expenses if the construction site injuries led to wrongful death
Texas Statute of Limitations for a Construction Accident Lawsuit
Because construction accident cases fall under the large legal umbrella of personal injury, the statute of limitations for personal injury claims is the same for construction injury claims. In Texas, an injured construction worker has two years from the date of their accident to file a construction injury claim if their employer doesn’t have workers comp benefits. That’s why it’s best to act fast and call a San Antonio construction accident lawyer today.
Why You Should Hire An Experienced Construction Accident Attorney
Litigating construction accidents can be tricky due to state workers comp laws and the number of liable parties. Personal injury lawyers at Janicek Law have decades of combined experience in handling all sorts of personal injury lawsuits, including those involving San Antonio construction accidents. We have extensive knowledge of Texas workers comp laws, so you can rest assured that we’ll fight for your best interests.
Additionally, construction accident cases are often complex because of how difficult it is to figure out who caused your injury. When you call us to take on your personal injury case, we’ll hire the best accident reconstructionists to investigate your claim and your job site. These accident reconstructionists will help us determine the negligent party in question.
We’ll also hire a qualified medical expert to thoroughly examine your medical records. Both of these experts will help our attorneys put the pieces of the story together. Once we know who the negligent party is and how they caused your injury, we can begin calculating your case worth. Once we know your case’s worth, we can start fighting for you to recover damages.
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