If you or your family member has been involved in a construction accident in San Antonio, it is important that you attain counsel as soon as possible due to the importance of preserving evidence and interviewing witnesses. Construction accidents are often complicated incidents that may involve many parties and circumstances. The sooner you call an attorney to get started on your case, the better. At the Law Offices of George Salinas, our San Antonio Construction Accident Lawyer know that construction accident victims are often left dealing with devastating injuries. We can take over every aspect of your legal case to ensure that you receive the payments you deserve, which allows you to stay focused on your physical recovery. We make the legal process as stress-free as possible and are committed to helping place our clients in the best possible position to move forward with their lives after an accident. Please do not hesitate to contact our office to discuss your options after a construction accident.
Common Construction Accidents and Injuries in San Antonio
Construction sites are inherently dangerous locations, with potential hazards almost everywhere you turn. With dangerous heavy equipment, half-finished and unstable structures, and a variety of workers performing different tasks, accidents involving serious injuries are all too common. Common accidents that occur on or around construction sites include:
- Falls – Many construction jobs require working at heights, including on ladders, scaffolding, and roofs. The risks of injury from falls increase exponentially working at heights. Although construction crews are supposed to use safety equipment to prevent falls, workers often do not properly use the equipment or the equipment provided is inadequate or faulty. When construction workers fall from height, they typically sustain particularly traumatic injuries, including spinal cord injuries, brain injuries, broken bones, and internal injuries.
- Power tool accidents – Construction requires the use of many types of power tools, including power saws, sanders, nail guns, drills, grinders, and more. Numerous mishaps can occur when using power tools, some of which can result in severe injuries. Power tools can cause serious lacerations, puncture wounds, eye injuries, and amputations of digits, extremities, or limbs.
- Heavy machinery accidents – Some construction jobs involve the use or operation of heavy equipment, such as cranes, bulldozers, or dump trucks. If an operator makes an error or if a piece of heavy machinery malfunctions, anyone in the vicinity can be seriously injured. Some construction workers have limbs or other body parts crushed when caught in a piece of heavy equipment.
- Getting struck by objects – Opportunities abound for construction workers to get hit by objects. If a construction worker in a high place drops a tool or a piece of building material, it can strike a person working below, potentially resulting in head trauma and other traumatic injuries. Furthermore, materials moved by large cranes or other equipment can swing and strike a construction worker, causing serious injuries.
- Electrocutions – Part of constructing a building or making improvements often involves working with high voltage tools and equipment, as well as installing, connecting, or disconnecting electrical systems. Often, these systems are left in various stages of completion for days or weeks. Anyone who comes in contact with an electrical system that is ungrounded or unfinished can possibly suffer electrical injuries. Electrical injuries can include severe burns, heart malfunctions, brain injuries, or fatal electrocution.
- Motor vehicle accidents – Roads constantly require maintenance and improvements by construction workers tasked with completing these projects. Road work zones are often in close proximity to passing traffic, as cities will typically try to keep roads open even when under construction. Drivers may speed, be distracted, be impaired, or make other dangerous decisions that cause them to hit construction workers. Despite laws in Texas that double fines for moving violations near construction workers, road zone workers face the possibility of being hit by traffic daily.
No matter what type of accident occurred, injured construction workers often require emergency medical care. They may face a long road to recovery that involves surgeries, time in the hospital, physical therapy, and even permanent disabilities. Losses can be substantial, so it is critical to understand your right to recover just compensation if you have sustained serious injuries.
San Antonio Construction Accident FAQs
As a member of the construction industry workforce, you face dangers throughout your workday. Not only are you at risk of injury due to the exertion and repetitive nature of construction work itself, but you are at heightened risk of serious injury or even death from hazards present at your worksite. In one recent year, Texas reported over 600 work-related fatalities.
Of this overall number, 123 of the deaths were attributed to accidents in the construction industry. The number reported only refers to injuries that resulted in a fatality. The reality is that the number of construction accident injuries that do not result in death is much higher and occur with much more frequency.
San Antonio construction accidents are often serious and can have lifelong impacts on the individuals that have been injured. Contact the Law Offices of George Salinas today to learn about your legal options.
Who is responsible for the San Antonio construction accident injuries you have sustained?
Determining the liability of the party or parties responsible for your injuries can vary. In cases where the injuries occurred during work-related duties and hours, the responsibility will likely lie on your employer. However, if an injury took place while visiting a construction site or outside the scope of your employment, the determination of liability is more complex. In addition, if you were injured by faulty equipment or machinery, a third party could also be responsible for your injuries.
Parties that could be liable for your injuries in a construction accident may include:
- Construction Site Owners
- Manufacturers of Heavy Machinery or Other Equipment
- Contractors, Sub-Contractors, or Other Vendors or Professionals
How can you seek compensation for a construction accident injury in San Antonio?
While most states mandate some form of worker’s compensation insurance, the state of Texas has no requirement that an employer carries worker’s compensation insurance.
How you can seek compensation for a construction accident injury will first depend on whether the injury took place during your employment and secondly, whether your employer carries worker’s compensation insurance.
- If you are injured while on the job: If you are injured while engaged in your work-related duties in the construction sector and your employer carries worker’s compensation insurance, you must file a claim with the insurance company for compensation related to your injuries. There is no need to prove fault to receive benefits under worker’s compensation. However, you may still face obstacles with the insurers to ensure you are offered a fair settlement for the injuries and damages you have suffered.
- Third-party liability and lawsuits: If your injuries were caused or contributed to in any way by a third party other than your employers, such as a vendor or equipment manufacturer, you may file a legal action for compensation related to the construction accident against the parties responsible.
- Injured as a visitor or bystander at a construction site: If you are injured due to the negligent actions or inaction of a nearby construction site or as a visitor to a construction site, you may file a San Antonio construction accident lawsuit against the parties responsible for your injuries.
Can you sue your employer for a construction accident injury in San Antonio?
If you are injured during your construction work employment, but your employer does not carry worker’s compensation coverage, then you may be eligible to sue your employer through a San Antonio construction accident lawsuit for the damages you have sustained.
If you receive payment through a worker’s compensation claim for your injuries but the coverage available is insufficient to cover the extent of damages suffered, you may also be entitled to file a lawsuit against the employer for the difference.
What compensation could you recover if you are injured in a San Antonio construction accident?
Construction Accident injuries can range from minor to severe, but leave lasting impacts on your daily life and ability to continue your work in the construction industry. The compensation you could seek depends on the resources available to you.
Worker’s compensation claim damages in a construction accident case can include:
- Medical expenses
- Income losses, including past and future wages
- Disability benefits
- Wrongful death benefits
Construction accident civil actions can seek damages for:
- Medical expenses
- Income losses, including past and future wages
- Pain and suffering
- Wrongful death
Contact the Law Offices of George Salinas today to get started.
Can you seek compensation for the death of a loved one in a San Antonio construction accident?
If your loved one has lost their life due to a construction accident, you may be entitled to compensation through either the employer’s worker’s compensation insurance coverage (if available) or a construction accident lawsuit if no worker’s compensation insurance exists for the employer.
Should you hire an attorney if you were injured in a San Antonio construction accident?
Whether you are filing a worker’s compensation claim for yourself, the death of a loved one, or considering a lawsuit against those responsible for your injuries, it is in your best interest to consult an experienced San Antonio construction accident attorney.
Work-related injuries and deaths are often difficult cases with many factors that must be considered to help ensure you are receiving the compensation you may be entitled to under the laws of Texas. A construction accident attorney can represent you from the outset of your case and help you protect your rights and interests.
Construction accident injuries can impact you for the rest of your life and hinder not only your ability to do the things you love, but also your ability to earn an income and provide for yourself and your family. If you suffer a construction accident injury, a lawyer can help you fight for the compensation you deserve.
Is there a time limit to file a legal action for a San Antonio construction accident?
There is some level of urgency when dealing with work-related injuries such as those that arise from a construction accident. While a San Antonio construction accident lawsuit is subject to a two-year statute of limitations from the date of your injury, you must approach worker’s compensation much more quickly. Worker’s compensation claims not only require the reporting of your injury to your employer within a specified deadline, but are also subject to a one-year time limit to seek compensation for those injuries.
If you are injured in a San Antonio construction accident or have lost a loved one due to a fatal construction accident injury, contact the Law Offices of George Salinas to discuss your case and legal options.
Seeking Compensation for Your Losses After San Antonio a Construction Accident
Texas is unique because the law does not require every employer to carry workers’ compensation insurance. Instead, employers can decide whether or not to subscribe to workers’ compensation insurance and your options as a construction accident victim can often depend on your employer’s decision.
If your employer carries workers’ compensation coverage, you will need to file a claim with that insurer. This claim allows you to seek benefits to cover your medical bills and lost wages stemming from your accident, regardless of whether your employer was somehow at fault for the accident. You will need to file a specific process and will not have the right to file a lawsuit unless a non-employer third party was responsible for the accident. Many workers’ compensation claims are wrongfully reduced or denied, however, so you should always contact an attorney for assistance with your claim or to appeal a denial.
If your employer has opted out of the workers’ compensation system, you have the right to file a personal injury lawsuit against the company to seek compensation for all of your losses, including pain and suffering. In that situation, you will need to prove that your employer’s negligence led to your accident. The law limits the defenses available to a non-subscribing employer facing an injury claim, and our office knows how to hold your employer fully accountable for your injuries whenever possible.
We can also identify when a third-party driver, contractor, or another party played a role in causing your accident. In those cases, we can handle any necessary third-party insurance claims or personal injury lawsuits to maximize the compensation you recover. Such claims will also require that you sufficiently prove negligence on the part of the defendant. Our office knows how to gather and present evidence of negligence so we can best protect your rights as an accident victim. Residential & Commercial Construction Law With the many construction projects, both residential and commercial, springing up throughout the state, worker safety is often sacrificed for the sake of deadlines and efficiency. Please call us at (210) 504-4163 or contact the Law Offices of George Salinas today if you need help with a personal injury due to a construction site accident.
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