The construction industry is among the most dangerous industries to work in. According to the Bureau of Labour Statistics (BLS), Texas’s construction and extraction industries reported approximately 115 fatal injuries in 2021 alone.
Some of the most common accidents on the construction site include slip and fall, fall from height, being hit by falling objects, and machinery-related accidents. It is the responsibility of Texas employers to keep their employees safe.
So if you have been injured on a building site anywhere in Texas, you may be eligible for compensation. But your chances of recovering compensation depend on your steps after an accident.
Vital Steps to Take
Get Medical Help
Irrespective of the type of accident, getting medical attention should always be a priority. This is especially true for high-impact accidents associated with the construction industry. The best time to get medical help is immediately after an accident, even when you may not feel like your injuries are severe.
Some injuries tend to hinder the adrenaline rush, while others are slow to manifest even when they could be severe. So make sure you call 911. Besides ensuring your health is upheld, the medical records you obtain play a critical role in building your case and determining the value of damages suffered.
Gather Evidence at the Scene
As you await medical help, you can gather all the evidence you can from the accident scene. Part of your evidence gathering should be taking pictures and recording video of your surroundings, the hazard responsible for causing the accident, and the nature of your injuries.
In some cases, unfortunately, the pain of your injuries may be too much to allow any evidence gathering.
Under such circumstances, you may ask someone to help. The other part of evidence gathering is collecting witness testimonies to help capture the witnesses’ most accurate recollection of the accident.
Report the Accident
States have laws stipulating when and how to report a workplace-related accident. In most cases, you may have several weeks to months to report an accident at your workplace. Failure to report your accidents within the stipulated time can void your chances of recovering compensation for your injuries.
The best approach to reporting is doing it as soon as an accident occurs. If you can’t have someone do it on your behalf, for example, a family member or lawyer.
Get Legal Help
If an accident results in significant injuries, you will be eligible to collect compensation, regardless of fault.
While the claims process for workplace accidents in Texas is straightforward by design, it is rarely so in practice, especially when the injuries suffered are significant. The best approach is working with a local lawyer. For instance, if your workplace accident happened in San Antonio, an experienced construction accident attorney from the region would be your best pick.
According to statistics involving a lawyer in your case improves the chances of getting fair compensation by up to five times. Also, you will not have to pay until you receive your pay out, and you do not owe them anything if they do not win your case.
Recoverable Benefits in a Construction Site Accident
Recoverable damages for a construction site accident depend on whether the employer has subscribed to the state-run workers’ compensation program. For subscribed employers, you can only recover economic damages. Economic damages are monetary costs directly linked to your injuries, such as medical bills, prescription medicine, lost wages, cost of living aids, etc.
Texas does not require all employers to carry workers’ compensation insurance unless the government contracts them for any project. If your employer is not subscribed to a workers’ compensation program, you can recover non-economic damages on top of economic damages.
Non-economic damages include pain and suffering, disfigurement, disability, loss of life’s enjoyment, PTSD, stress, anxiety, and depression. The downside to dealing with a non-insured employer is that they may not have the money to compensate you for damage suffered when they amount to significant figures.