Construction Accident Injuries
If you or a loved one was injured or killed in a construction accident in Texas, you need experienced construction accident representation. According to the Texas Tribune, more construction workers die on the job in Texas than any other state in the Union. The federal agency charged with monitoring and enforcing workplace safety regulations, the Occupational Safety and Health Administration (OSHA), claims that the construction safety is not a priority for Texas firms. Not only is safety on the job site a concern for workers in Texas, but the state does not require employers to carry workers’ compensation insurance. Only 40% of the construction firms in Texas as of July 2015 carried workers’ compensation insurance. Despite that low number, a person injured in a construction accident can receive compensation for injuries.
Construction accidents are very complicated. So, if you or a loved one was injured or killed on the job at a construction site, you should contact an experienced construction accident attorney. Do not wait. You need to get an attorney involved shortly after the accident. OSHA will investigate the accident, but that process can be slow. Your attorney can investigate while OSHA investigates to pursue your claim promptly. OSHA’s investigation is not public information until the agency completes the investigation and OSHA issues a final decision. You cannot wait that long. For example, your attorney can go to the scene of the accident and take photographs and talk to witnesses. Also, your attorney can accumulate official reports such as those generated by police, fire, and ambulance personnel. Additionally, your attorney can assemble your medical records.
An experienced construction accident attorney possesses the knowledge and skill to pursue your claim vigorously. To prevail on your claim in Texas when the construction company refused to carry workers’ compensation insurance, you must prove that the employer owed the employee a duty of care, the employer breached that duty, and the employee was injured because of or by the breach of the duty of care. Evidence of an OSHA violation is helpful to prove negligence. However, in Texas, evidence that a construction company violated OSHA’s regulations is not conclusive proof that the construction company negligently maintained the worksite. Additionally, a violation of Texas’ occupational health and safety regulations is helpful but does not necessarily prove the case. Furthermore, your attorney can learn through an investigation that was not the first time your employer did this.
An experienced construction accident attorney knows that use of construction accident experts is a key to favorably resolving your claim. The expert will analyze the accident, the injuries, and presence or absence of safety precautions to render an opinion about what happened. An expert in construction site safety will give an opinion about whether the security measures taken by the construction company meet the standard in the industry. We work with experts who are tops in the fields because their opinions carry the greatest weight. Additionally, we will work closely with your medical treatment professionals to show the extent of your injuries and use their expertise to demonstrate just how serious your injuries were and whether they are permanent. Also, we use experts called actuaries to give an opinion on how much money you lost and will lose if you are unable to return to work.
We work hard to prove you did nothing wrong. In the case where there is no workers’ compensation insurance available, your employer has a vested interest in defending against your claim. Your company will argue that you are at fault for your injuries. They will claim that you were trained and failed to follow the training you received. These arguments are a convenient way to shift blame from them onto you. An experienced construction accident attorney knows how to counter these defenses and will plan a way to head them off.
Seasoned Construction Accident Firm Ready To Help
We at Hermes E. Flores are experienced, legal professionals. We pride ourselves on fighting for the rights of our clients injured in construction accidents in Texas. Call us today at 512-947-9103 to schedule your free consultation. We are available 24/7 to help you with your Texas construction accident claim that occurred in Austin, Lake Travis, Lakeway, Bee Cave, Central Texas, or anywhere else in Texas.