Accidents happen every day – everywhere. However, some places and industries have proven riskier than others. With very heavy machinery and often high heights, the construction industry is one of the most dangerous. Accidents that occur at a construction site often result in catastrophic injuries or even death. These accidents can happen to not only the workers but also to the general public. If you have been injured at a construction site you may be wondering about your options.
When a construction site accident occurs, there may be various people who are liable. Employers are most often at least partially to blame since they have a duty to maintain a safe environment. The Occupational Safety and Health Administration (OSHA) mandates that construction companies have their equipment inspected regularly and provide the proper safety gear and instructions for all employees. When an employer fails to uphold any of these requirements, they can be found liable. Workers can also be held liable for injuring a co-worker or pedestrian if they act negligently or recklessly. Additionally, manufacturers can be held liable if the product that they supply, such as a piece of machinery, is defective and causes an accident and injury.
Modified Comparative Negligence
The state of Texas follows what is known as the modified comparative fault doctrine. This doctrine says that you can recover damages for your injuries so long as you were less than 50% at fault. Your percentage of fault will also be deducted from your damages. Therefore, if you are awarded $100,000 and you were found to be 30% at fault for the accident, you would be entitled to $70,000. If you are found to be at least 50% liable for the accident, you are barred from recovering any damages for your injuries.
Workers’ Compensation in Texas
Texas doesn’t require most private employers to have workers’ compensation insurance – it is optional. But if you’re a construction worker who is injured on the job and your employer has workers’ compensation and you don’t opt out of it, you will probably have to file a workers’ compensation claim for your injuries. But if your employer lacks workers’ compensation, you can probably sue your employer for your injuries. If the malfunction or defect of a machine or other product caused your injuries, you can likely sue the manufacturer. The outcome of a construction site accident will depend largely on the facts of each specific case. This is why it’s so important to consult with a Texas personal injury attorney.
The Attorneys at Rochelle McCullough Help Those in Dallas Who Have Been Injured in a Construction Site Accident
If you or a loved one has been injured in a construction site accident, it can have a great impact on your life. When you are already dealing with recovering from your injuries, the last thing that you want to have to worry about is negotiating with insurance companies. Still, you should not have to pay the price for someone else’s carelessness. That’s why a knowledgeable and experienced Texas personal injury attorney can help. The lawyers at Rochelle McCullough will help fight for your rights. To schedule a consultation, contact us today.