I Was Injured on a Construction Site. What Can I Do?

Construction sites are hotbeds for potential personal injuries. According to the Occupational Safety and Health Administration (OSHA), construction is the deadliest industry in the United States. Construction sites are dangerous for workers and bystanders. Falling debris and tools, trenches and pits, and heavy machinery pose hazards to people on or near a work site. If you recently sustained an injury on a Houston construction site, learn your rights. A workers’ compensation or personal injury claim may be in your best interest. Here’s what to do:

Seek medical attention right away after any type of construction accident that results in injury. Ask your employer if you must use a physician approved by your company’s workers’ compensation insurance. If there are no restrictions, you may see your primary doctor or go to the nearest hospital. The sooner you seek help for your injuries, the better. Putting off your trip to the doctor can lead to suspicions about your workplace injuries, and even the loss of your right to workers’ compensation. Keep records of your medical bills, tests, and treatment plans.

If you were a construction site worker at the time of the accident, report what happened to your employer as soon as possible. Most workers’ compensation plans require reporting within a certain time frame of the incident. Failing to let your employer know of the workplace injury could hurt your chances of receiving workers’ compensation benefits. If you were not a construction worker, you may want to report your accident to police depending on the circumstances and severity of injuries. You can report workplace hazards to OSHA at any time while on a construction site.

Once you’ve reported your accident to the right authorities and received medical care for your injuries, start researching your rights. As a construction site worker, you have the right to Texas workers’ compensation benefits, regardless of fault. You do not have to prove your employer or another party’s negligence to receive compensation for your medical bills, lost wages, and disability if you sustained your injury during job-related tasks. Keep in mind there are some exceptions – for instance, if your recklessness caused the injury. Consider all your options before you file a workers’ compensation claim.

If your construction site injury stemmed from someone else’s negligence, you may have grounds to file a personal injury claim rather than, or in addition to, a workers’ compensation claim. If your employer is the guilty party (i.e., for failing to properly train employees, provide safety equipment, or maintain a reasonably safe work environment), you have to choose between a workers’ compensation claim and a personal injury lawsuit, because law does not permit you to file both. Speak with an attorney about your options. A personal injury claim can result in greater compensation awards if successful.

It is possible to receive benefits from workers’ compensation and a personal injury claim, if the at-fault person or company is a third party. This might be the case if a coworker, subcontractor, or product manufacturer caused your accident and injuries. Texas workers’ compensation laws allow you to receive benefits and file a claim with the courts if the claim involves a third-party defendant. If you were a bystander and not a worker at the time of your accident, a personal injury claim may be your only choice for restitution.

The property owner and/or construction site manager have the duty to provide a reasonably safe premises for workers and non-workers. If you tripped and fell, something fell on you, or you got into an accident with a construction vehicle, contact an attorney. You may be able to file a claim on the grounds of premises liability.

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