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Austin Construction Accident Attorney
Statistically, construction is among the most dangerous fields in the United States due to the high rate of on-the-job deaths and injuries reported throughout the country each year. Suppose you or a family member recently sustained injuries in a construction accident, either while working or as a bystander. In that case, it is important to consult an Austin construction accident attorney as soon as possible.
Experienced Austin Construction Accident Attorneys Who Can Help You Recover
Abraham, Watkins, Nichols, Agosto, Aziz & Stogner can provide the comprehensive legal representation you need in the aftermath of a damaging construction accident in Austin. Our firm has more than 75 years of history helping clients in the Austin area with all types of injury cases, including those arising from unexpected construction accidents.
We take time to get to know each client we represent, learning as much as possible about their legal concerns, the effects their injuries have had on their lives, and their worries about recovery and the future. It is our goal to help each client we represent maximize the compensation they obtain for their damages.
If you or a family member has been harmed while working construction, you may have the ability to file a workers’ compensation claim if your employer has workers’ compensation insurance. Success with this claim could enable you to avoid a more difficult civil case and provide valuable compensation to you and your family. However, there are limits to what workers’ compensation may cover, and not all employers have this coverage.
If you were hurt as a bystander, or if you were hurt while working and a third party was directly responsible, you may have grounds to pursue a personal injury suit. Success with this claim could enable you to recover compensation for the various damages you suffered in the incident, and the right attorney can help you maximize the total compensation you secure with a successful case.
Why Do I Need to Hire a Construction Accident Lawyer?
While it is technically possible for you to pursue your own recovery efforts in the aftermath of a construction accident, your case may be far more challenging than you initially expected. You could encounter legal obstacles that you will not know how to resolve on your own, and you may initially be unaware of the full scope of compensation you can seek for your accident.
The right construction accident lawyer can handle all of your legal affairs while you focus on your recovery and your personal obligations. They will help you assess all of the recovery options available to you and prepare you for each new stage of your case, from proving how the accident happened to identifying the party or parties responsible and assisting you in accurately calculating all of your claimable damages.
You are more likely to not only win your case but also maximize your total recovery with the right attorney’s help. The team at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is confident in our ability to help our client determine their optimal path to recovery and maximize the total compensation they obtain for their damages.
Most Common Types of Workplace Injuries for Construction Employees
Each year, the construction industry reports some of the highest rates of worker injuries and worker fatalities in the country. Accidents can happen in various ways, and some of the most commonly reported types of construction worker injuries in Sugar Land include:
- Injuries from dropped or falling objects. Even the best-quality hard hats may only mitigate such injuries and not prevent them entirely.
- Vehicle accidents. Construction requires the use of specialized construction vehicles, and it is also possible for accidents to happen during roadside construction. Your construction accident lawyer can help you determine the optimal path to recovery after any type of construction-related vehicle accident in Austin.
- Injuries from heavy equipment. Construction workers often require the use of heavy-duty machinery and specialized equipment that may cause traumatic injuries if they malfunction or are mishandled in any way.
- Slip and fall accidents. Falls are a leading cause of accidental injuries in construction each year. The severity of the victim’s injuries typically depends on the height of the fall and what was below them when they fell.
- Harm from toxic exposure. It’s possible for a construction worker or a bystander near a construction site to suffer severe medical complications due to unexpected exposure to toxic substances.
These are only a few ways that construction accidents may cause serious injuries in Sugar Land. If you are unsure whether you have grounds to file a claim in response to your recent injury, it is vital that you consult an Austin construction accident attorney as soon as possible.
How an Austin Construction Accident Attorney Can Help You Claim Workers’ Compensation Benefits
Texas law does not require every business owner to have workers’ compensation insurance, but most employers in the construction industry carry this insurance to limit their liability for injured workers’ damages. When an employer has workers’ compensation insurance, this insurance will apply to any covered employee’s injury while working.
If you work in construction and suffered an injury on the job, filing a workers’ compensation claim could be a viable first step toward recovery. Your employer is legally required to facilitate your claim and may not interfere with the claim filing process or retaliate against you for attempting to file a claim in good faith.
Your Austin construction accident attorney can ensure that both your employer and their insurance company handle your claim in good faith. Legal representation will be an invaluable resource for you as you navigate the complex series of proceedings you may face in the aftermath of any type of construction accident in Austin.
Benefits Available for Injured Workers in Texas
A workers’ compensation claim is a type of insurance claim. If you intend to file such a claim, you will have a much easier time if you hire an experienced construction accident lawyer to assist you. They can help you fill out all required forms and gather the supporting evidence you will need to file the claim.
If the insurance company raises any disputes against your claim, or if they reject your claim for any reason, your attorney will know how to resolve these issues on your behalf. If your claim is approved, you can generally expect the insurance company to pay for all medical care related to your injury, as well as provide disability benefits if you are unable to work while you recover.
Understanding Third-Party Claims and Personal Injury Suits
If you were hurt by a construction accident as a bystander, or if you suffered an injury on the job due to a specific party other than your employer, these situations would be grounds for legal recourse with a personal injury suit. In any personal injury claim, the injured victim must identify the party who caused their injury, prove how they caused it, and then show the full extent of their resulting damages.
Whether you are filing a third-party suit in addition to your workers’ compensation claim or a standalone personal injury suit, the right attorney will dramatically improve your chances of success with the claim.
Comparative Fault in Construction Accident Claims
It is natural to wonder about the role that fault will play in a workers’ compensation claim and/or a personal injury suit following a construction accident. When it comes to workers’ compensation, fault only factors into the case if the injured worker violated workplace safety regulations or if they were working under the influence of drugs or alcohol when they were injured. In these situations, fault may preclude the victim from receiving benefits.
Fault is a more important issue in a personal injury claim. Texas law requires the plaintiff in a personal injury case to prove fault for their damages before they can recover any compensation for their damages. Depending on exactly how your accident happened, you may require several forms of evidence, along with witness testimony, in order to prove fault.
In the event a plaintiff is found partially at fault for causing their claimed damages in a personal injury suit, this will be reflected by a fault percentage. Under Texas’ modified comparative negligence law, the plaintiff may still recover compensation if they are less than 50% at fault. The fault percentage assigned to them is the percentage of their compensation they lose as a penalty. For example, 10% fault means losing 10% of their case award.
If the plaintiff is found 50% or more at fault, they can no longer claim compensation from the defendant. If you have any concerns about comparative fault coming into play in your case, you should discuss your concerns with an experienced construction accident lawyer as soon as possible.
Claiming Compensation With a Personal Injury Suit
The main goal of any personal injury claim is for the injured victim to prove liability for their damages and then to secure compensation for those damages. Texas law permits a victim to ask for any direct economic losses they incurred as a result of the defendant’s actions to be fully repaid. In most personal injury cases, these include lost wages, and medical bills.
However, it is important for an injured plaintiff to remember that they not only have the ability to request compensation for their immediate financial losses but also projected future losses. For example, if you require extensive ongoing medical care to fully recover from your injury, the defendant who caused the injury will be liable for any and all medical expenses you incur because of the injury they caused.
In addition to your economic losses, you also have the right to seek pain and suffering compensation. This form of compensation is not provided by workers’ compensation insurance, so if you intend to seek accountability and compensation for your pain and suffering after a construction accident, you must be eligible to file a personal injury claim.
Texas law does not require an injured plaintiff to use a specific formula to calculate pain and suffering, nor are there any limitations applied to this form of compensation in most personal injury claims. Your attorney can help you determine a suitable figure that reflects the severity of your injury and the scope of long-term or permanent damage the defendant caused. Generally, the more serious an injury, the more the victim can expect in pain and suffering compensation.
How Your Austin Construction Accident Attorney Can Help
Every construction accident claim in Austin is unique, but every plaintiff benefits by having legal counsel they can trust on their side. Regardless of whether you can recover with just a workers’ compensation claim or need to file a personal injury suit, you have the best chance of success when you have experienced legal representation advising you.
You can rely on your Austin construction accident attorney to help you secure any evidence and witness testimony that you may need to prove exactly how and why your injury happened. Once fault is established, you will be able to claim compensation for the losses you suffered. Your attorney can help you navigate the insurance claim filing process if necessary. When it comes to filing a personal injury suit, they can make sure your case is not resolved until you’re offered maximum compensation.
Find the Right Construction Accident Lawyer Today
You have a relatively limited time in which to pursue your recovery from a construction accident in Austin. You not only must meet the reporting and filing deadlines if you intend to pursue workers’ compensation benefits, but you may also need to gather evidence to prove fault if you plan to file a personal injury suit.
Abraham, Watkins, Nichols, Agosto, Aziz & Stogner can provide comprehensive support for all aspects of your recovery efforts following a construction accident in the Austin area. We take personal injury cases on a contingency fee basis, so you only pay our firm a fee if we win your case, and our fee will be a percentage of the total compensation we recover on your behalf.
Learn more about the legal services we can provide that may assist with your recovery. Contact us today to schedule a free consultation with an Austin construction accident attorney you can trust.
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