After you have read a bit about your case here, please call Chavez Law Firm today to set up a free initial consultation to go over the details of your case and discuss what your legal options are.
Common Types of Construction Accidents
When someone is hurt in a construction accident, it can either be a worker or a bystander of the accident. These cases would both be considered construction accidents, but may be handled very differently. Additionally, the accidents that injure them can vary.
Common Worker Accidents:
- Tripping or falling
- Being hit by something falling
- Crushing accidents
- Equipment malfunction
- Heavy machinery or truck accidents
- Insufficient or lack of proper safety equipment
- Failing to follow state safety regulations
Common Bystander Accidents:
- Getting hit by construction vehicles
- Having an eardrum rupture from loud noises or explosions
- Being exposed to hazardous or toxic materials
- Getting hit by a falling object
The best thing to do after something like this happens is to call one of our El Paso construction accident attorneys to get started on your case. They will be able to tell you what your next steps should be to get full compensation.
How to Get Compensation After a Construction Accident
Texas is unique in that it does not have a law requiring that employers carry workers’ compensation insurance. That means that if you are in an accident at a construction site, your employer may not have benefits available to you. They do not have to provide that for you.
If you are covered by workers’ compensation insurance, you will be given benefits and coverage for your injuries and damages. However, there is a requirement that these injuries be completely work-related. That may even include work-related travel. In order to claim workers’ compensation insurance, your injuries need to be within the scope of the workplace.
Being covered by workers’ compensation insurance means that you will be covered for your damages and injuries. The things you can be covered for include:
- Medical expenses that are associated with your workplace injury
- Lost wages and/or lost earning capacity
If your injury caused you not to be able to return to the same work that you used to do, then that would affect your compensation.
There are instances in which you can bring your construction accident claim as a personal injury lawsuit. That would be if you were not covered by workers’ compensation or if a third party was the liable party in your accident. Then you will be able to seek compensation through that avenue.
Tips for a Successful El Paso Construction Accident Case
There are four essential things that need to happen when you are involved in a construction accident:
- Report your injuries to your employer or manager.
- Seek immediate medical attention.
- Your employer will report the injury to the insurance company.
- The insurance company will either settle your claim or deny it.
If you would like to receive workers’ compensation, you need to obey the regulations of the Department of Insurance. By law, you have to report your injury to your employer within 30 working days of the accident. This should be a notice that is in writing, as a verbal notice will not be enough.
You need to get to a medical professional right away. Your employer should be able to provide you with a list of healthcare professionals who are covered under their insurance for workers’ compensation. If this list is not provided for you, then you can choose who you see.
When your employer has been notified of your injuries, they have the duty to report it further down the line to their insurance company. By Texas law, they are required to notify the insurance company about your injuries within eight (8) days.
When the insurance company has been notified, they will evaluate your claim. You will receive a notice of contest from them about whether they will deny your claim or provide an admission of liability. If your claim gets denied, it may be because there was not enough information about your accident or that they do not believe your injuries were work-related.
Call Our El Paso Construction Accident Attorneys Today
If you have been seriously injured during a construction accident, it is important that you have skilled and dedicated representation. Our El Paso construction accident attorneys are here to help you get compensation in the fullest and fairest amount. Please call Chavez Law Firm today to get your free initial consultation.