Have you recently sustained injuries while working in construction in San Antonio, Texas? Don’t hesitate to call George Salinas Injury Lawyers for immediate assistance at (210) 225-0909. You may have the right to recover compensation, and our San Antonio construction accident attorneys can help you exhaust your benefits and maximize your financial recovery.
We’re award-winning Texas trial attorneys with decades of experience handling complex construction accident cases like yours. Our dedication to our clients is unmatched and has led to millions of dollars in life-changing benefits, settlements, and jury awards. You don’t have to struggle with the costs and consequences of your construction accident on your own. You have rights, and our law firm is ready to help you assert them. Contact us to learn more. Your first consultation is free.
Why Choose Us?
As a construction worker in Texas, you probably have the right to receive workers’ compensation benefits for your on-the-job injuries. You may also have the right to file a lawsuit against a liable third party – such as a manufacturer, property owner, or co-worker.
However, the process of getting compensation is often easier said than done. Your employer, their insurance company, and other parties won’t be on your side, so you’ll need someone who is.
That’s where our San Antonio personal injury attorneys come in.
By choosing our law firm to represent you, you’ll make it clear that you’re not walking away with less than you deserve. Our reputation as fierce, winning trial attorneys is well known.
You’ll give yourself the opportunity to rest and recover while our legal team:
- Carefully investigates the circumstances of your construction site accident
- Gathers and analyzes evidence, including accident reports, OSHA safety violations, witness statements, equipment operation and maintenance records, photographs, and medical records
- Works closely with experts with specialized knowledge of the construction industry
- Provides notice of claims and submits necessary documentation on your behalf
- Handles settlement conferences and negotiations with insurance companies and liable parties
- Offers advice when you’re asked to make important case-related decisions
If you don’t receive a fair settlement offer, our team will appeal the workers’ compensation decision to a higher authority and/or get ready to argue your case before a jury in Bexar County.
We are prepared to go above and beyond to help you navigate these difficult times and get the compensation you’ll need for years to come. We’re also ready to represent you at no upfront cost. Our construction accident attorneys in San Antonio work on contingency. You pay nothing unless we win your construction accident case.
Get in touch with a member of our team to get started today.
What To Do After a San Antonio Construction Accident
If you have been involved in a San Antonio construction accident, there are some steps you should take after the incident. These steps can help you to protect your rights and get full and fair compensation. However, the right process will vary depending on whether you were working on the construction site at the time of the incident or whether you were a visitor or guest.
After an accident, if you were hurt while working on a construction site, you should:
- Report the incident to your employer. Most private Texas companies are not required to have workers’ comp insurance, making Texas an outlier across the U.S. Companies that work with the government do need workers’ comp though, and some businesses choose to buy this protection voluntarily. Workers’ comp will pay for all on-the-job injuries regardless of who was to blame. Whether your employer has this coverage or not, you should still report the incident as you’ll likely want to try to hold your employer accountable for losses if the construction accident happened at work.
- Document the incident. Try to keep careful records of exactly what occurred, including taking pictures of the area where the construction accident happened if you are able to do so. This can be helpful in demonstrating who should be held accountable for your accident.
- Obtain witness contact details. If anyone saw the accident, obtain their contact details and a statement about what they observed. If there’s a dispute over liability or questions about how the incident happened, this will provide valuable evidence.
- Get medical help. You should see a doctor promptly, even if you do not know how serious your injuries are. Sometimes, as inflammation or swelling develops, injuries worsen over time. You’ll want your doctor to do a thorough checkup to find hidden injuries. You will also need detailed medical records showing that any injuries you sustained were linked to the construction accident if you want to be compensated for them.
- Keep a record of losses. If you miss work, incur medical bills, or experience any other economic or non-financial loss, you’ll want a record of it. You can even keep a record of intangible losses, such as recording the pain and suffering you are enduring as a result of the incident.
If you were not working on the construction site but instead were harmed as a passerby or visitor, then you’ll also want to take certain steps post-collision. This can include many of the same things mentioned above regarding securing documentation, getting witness details, obtaining medical help, and recording your losses.
Types of Cases We Handle
Whether you’re an electrician, plumber, mason, glazier, or roofer, or work another job in construction, George Salinas Injury Lawyers will be there to help you if you get hurt on the job.
We handle all types of construction accident cases, including:
- Falls from heights
- Slip and fall accidents
- Ladder accidents
- Scaffolding accidents
- Heavy machinery accidents
- Crane and hoist accidents
- Trenching accidents
- Demolition accidents
- Excavation accidents
- Electrocution
- Exposure to toxic chemicals
- Ground collapse accidents
- Fires and explosions
- Falling object accidents
- Motor vehicle accidents
- Truck accidents
- Fatal construction accidents
Seek medical attention immediately if you’re hurt while working on a construction site in San Antonio, TX. Then don’t hesitate to call our San Antonio workers’ compensation attorney to discuss your legal rights and options.
Negligence is the Leading Cause of Construction Accidents in San Antonio
The construction industry is heavily regulated by the Occupational Safety and Health Administration (OSHA) and Texas state law. Employers have responsibilities to hire competent workers, provide appropriate training and safety equipment, and ensure that working conditions are safe.
Unfortunately, sometimes corners are cut to save costs, which creates unsafe situations for construction laborers.
As a result, some of the most common causes of construction site accidents and injuries include:
- Inadequate (or nonexistent) safety equipment
- Lack of fall protection systems
- Slippery or slick floor surfaces
- Debris and clutter on the construction site
- Malfunctioning work equipment, often due to negligent maintenance and repair
- Defective work equipment
- Unsecured equipment, materials, and tools
- Falling overhead materials
- Missing guards on power tools and heavy machinery
According to OSHA construction accident statistics, the leading causes of fatal construction accidents are falls, electrocution, being caught in/between objects, and being struck by an object.
Our workplace accident lawyers in San Antonio will carefully examine the circumstances of your accident and work to uncover precisely why it happened. Once we’ve determined the cause(s), we can begin to move forward and seek compensation from all responsible parties.
What Are the Most Common Construction Site Safety Violations?
Construction sites are subject to many strict regulations, but unfortunately, those regulations are not always followed. The Occupational Safety and Health Administration lists the top 10 most frequently cited OSHA standards that were violated during fiscal year 2022. Many, but not all, of these violations were specific to the construction industry.
Here is OSHA’s list of common violations, along with details about which industries they took place in and a link to the specific regulation that was not followed:
- Fall Protection, construction (29 CFR 1926.501)
- Hazard Communication, general industry (29 CFR 1910.1200)
- Ladders, construction (29 CFR 1926.1053)
- Respiratory Protection, general industry (29 CFR 1910.134)
- Scaffolding, construction (29 CFR 1926.451)
- Control of Hazardous Energy (lockout/tagout), general industry (29 CFR 1910.147)
- Powered Industrial Trucks, general industry (29 CFR 1910.178)
- Fall Protection Training, construction (29 CFR 1926.503)
- Eye and Face Protection, construction (29 CFR 1926.102)
- Machinery and Machine Guarding, general industry (29 CFR 1910.212)
As you can see, a full half of the most commonly cited violations occurred in the construction industry, including failure to follow fall protection procedures; issues with ladders; scaffolding problems; fall protection training; and eye and face protection violations. Some of the other items on the list, including issues with machinery and failure to use respiratory protection can also be problems that are found on construction sites as well.
Many of these violations can have stark consequences. For example, falls, slips, trips, ladder issues, and scaffolding issues are leading causes of workplace fatalities.
Visitors to construction sites and even passersby could also be harmed by some of these issues as well. If a construction site is not safe, anyone and everyone in the area of the work is at risk.
How Do I Recover Compensation If I’ve Been Hurt in a San Antonio Construction Accident?
You may have two paths to financial recovery after a construction accident in San Antonio, TX. The first involves submitting a claim for workers’ compensation benefits. The second involves filing a civil construction accident lawsuit for damages.
Workers’ Compensation Benefits
Your employer may have chosen to carry workers’ compensation benefits, or they may have been required to opt into the system if they contract with the government. Either way, you could be entitled to workers’ compensation benefits if you were hurt on the job and your employer has a policy.
Workers’ compensation is a no-fault system, so benefits are awarded regardless of fault. In exchange for giving up the right to sue your employer, you can recover benefits for medical treatment and lost wages.
If your employer doesn’t have workers’ compensation, you reserve the right to file a lawsuit against them and seek damages for your injuries and suffering.
Damages in a Personal Injury Lawsuit
Regardless of the existence of workers’ compensation coverage, you always have the ability to bring a lawsuit against a negligent or otherwise responsible third party. And if your employer doesn’t carry workers’ comp, you can sue them for your injuries, too.
Through a lawsuit, you’d allege that someone is strictly liable for your injuries or that their negligence caused you to get hurt.
Potentially liable parties might include:
- Property owners
- General contractors
- Architects
- Engineers
- Co-workers
- Motorists
- Heavy equipment operators
- Manufacturers
In a construction accident lawsuit, you can recover economic and non-economic damages for your losses. Economic damages offset your financial costs, while non-economic awards make up for the trauma and suffering you endure.
Examples include:
- Medical bills
- Rehabilitation
- Disability
- Reduced earning capacity
- Nursing assistance
- Funeral and burial expenses if a construction accident is fatal
- Pain and suffering
- Disfigurement
- Reduced quality of life
- Post-traumatic stress disorder
- Mental anguish
- Loss of consortium
Punitive damages can also be sought in a civil construction accident lawsuit. However, these are only awarded in situations when there’s clear and convincing evidence of malice, fraud, or gross negligence.
How Long Does It Take To Settle Construction Site Injury Claims?
There are different ways of resolving construction site injury claims. Workers who typically must pursue a workers’ compensation claim should report the incident to their employer right away and will recover payments through the workers’ compensation system, while those who are visitors or passerby could file a civil lawsuit to hold accountable those whose negligence harmed them.
The process of resolving either type of claim can vary based on many factors, including whether the workers’ compensation insurer or property insurer covering the construction site is willing to accept responsibility. If it is clear that the victim is entitled to payment and a fair offer is made to compensate those who have been harmed, the claim could be resolved in a matter of weeks.
If there is conflict about issues like the extent of the injury or the appropriate amount of benefits and compensation, then it could take much longer for either a workers’ comp claim or a personal injury claim to resolve. In fact, it could take months or even years for a case to work its way through the legal system and ensure victims get the justice they deserve.
A San Antonio personal injury attorney has experience with all types of construction claims and we are prepared and ready to fight for our clients so they get the fastest and most effective resolution that provides them with the full payments they are entitled to under Texas law. We will work with you from day one to make sure your case goes as smoothly as possible so you can get paid and begin rebuilding your future.
What Happens If I’m Partly To Blame for My Texas Construction Accident?
Shared fault won’t be a factor if you seek workers’ compensation benefits. However, it will play a role in a civil lawsuit.
Texas is a modified comparative negligence state with a 51 percent bar. Sharing most of the blame for your construction accident will mean you cannot recover compensation in a personal injury claim.
Sharing a portion of the blame – but less than 51 percent – will mean a proportionate reduction in damages. For example, if you’re 25 percent at fault, your damages will be reduced by 25 percent.
What’s the Deadline for Filing a Texas Construction Accident Claim?
It depends on your mechanism for recovery.
If you file a workers’ compensation claim for benefits, you’ll have one year from the date of your construction accident. However, you must notify your employer of your injury within 30 days of your accident, or your benefits may be denied.
If you file a civil personal injury or wrongful death lawsuit, you’ll have two years from the date of your construction accident or your loved one’s date of death.
You don’t want to allow the statute of limitations to expire before taking legal action. Once that happens, you’ll lose the right to recover compensation and be left to bear the burden of your injuries on your own.
Construction Workers Can Suffer Debilitating Injuries on San Antonio Job Sites
Construction is one of the most dangerous industries, causing scores of deaths and thousands of injuries among Texas laborers every year.
No matter the injury you’ve suffered, George Salinas Injury Lawyers will be there to help you seek appropriate compensation from those responsible.
We represent construction workers (and families) who have suffered:
- Broken bones
- Crushing injury
- Nerve damage
- Burns
- Lacerations
- Spinal cord injury
- Back injury
- Neck injury
- Traumatic brain injury
- Concussion
- Severed limbs/amputation
- Soft tissue damage
- Repetitive motion injury
- Catastrophic injury
- Wrongful death
It’s important to notify your employer and seek prompt medical care as soon as you can after a job site injury in San Antonio. Once your condition is stable, don’t hesitate to reach out to our top-rated litigators for help with your legal case.
Contact A San Antonio Construction Accident Lawyer Today
You may be entitled to compensation if you’ve recently been injured on a construction site in San Antonio, Texas. George Salinas Injury Lawyers can help you work toward a meaningful financial recovery.
Call our San Antonio construction accident attorneys at (210) 225-0909 to discover how we can help you navigate this difficult time of your life. We’re ready to fight to make a difference in your life – all you have to do is ask for our help. We offer a free, no-obligation case evaluation, so contact our San Antonio law office today.