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San Antonio Construction Accident Attorney
Construction is an inherently dangerous industry in many ways, and it has some of the highest workplace accident rates each year. A construction worker can suffer serious injuries at work, and some construction accidents may harm bystanders. An experienced San Antonio construction accident attorney is a valuable asset for any victim of such an incident.
Reliable San Antonio Construction Accident Attorneys You Can Trust
Abraham, Watkins, Nichols, Agosto, Aziz & Stogner has extensive professional experience handling a wide range of injury cases in San Antonio and surrounding communities of Texas, and our firm has successfully resolved many construction accident cases. Whether you need to pursue a workers’ compensation claim after an accident or a personal injury suit, we can help.
Our firm has more than 75 years of professional history serving injured clients throughout Texas, and we are confident in our ability to resolve the most challenging injury claims quickly and efficiently. With our assistance, you can approach your impending case with confidence and peace of mind. A dedicated legal advocate will be ready to assist with every aspect of your case.
If you were injured while working construction, a workers’ compensation claim is likely to be your primary option for recovering your damages. However, navigating the claim filing process can be challenging without an attorney’s help. You can rely on us to guide you through this process, helping you to secure the benefits you need to recover.
If you must file a third-party personal injury suit against the party who caused the accident, or if you were injured as a bystander and filing a workers’ compensation claim isn’t an option for you, you will need legal counsel you can trust to help you with your personal injury case.
Why You Need Legal Representation From a San Antonio Construction Accident Attorney
It is important to understand the value of having legal representation you can trust on your side after a construction accident. Whether you are planning to file a workers’ compensation claim or expect to file a personal injury suit, you have the greatest chance of success with any recovery efforts you attempt if you have legal representation you can trust advising you.
The right attorney can not only help you develop a comprehensive and effective plan for securing the compensation you deserve but also help you obtain it in a reasonable timeframe. Abraham, Watkins, Nichols, Agosto, Aziz & Stogner has proven experience confronting major insurance companies on behalf of our clients in San Antonio, and we also know how to create effective personal injury suits.
If you tried to handle your recovery efforts alone, you would contend with strict filing deadlines and other procedural obligations that would be difficult to manage while also struggling with your medical recovery. With our assistance, you can rest and recover with peace of mind while your legal team manages your case on your behalf. You can rest assured that our firm will do everything we can to maximize your recovery as quickly as possible.
Understanding the Workers’ Compensation Claim Filing Process in Texas
Unlike most other states, Texas law does not require every employer to have workers’ compensation insurance. However, many employers in the construction industry do carry this insurance because it limits their liability for workplace injuries, and construction is an inherently high-risk field.
When a covered employee suffers an injury on the job, their employer’s workers’ compensation insurance can provide benefits to help them recover while shielding the employer from civil liability for the victim’s damages. The injured worker reports the injury to their employer, and the employer provides the worker with the materials they need to file their claim for benefits.
Unfortunately, dealing with any insurance company can be challenging, and it is possible to encounter a host of complex issues that you will not know how to resolve on your own. Your San Antonio construction accident lawyer will help you navigate the workers’ compensation claim filing process, addressing any unexpected issues you encounter as you seek benefits needed to recover from your injury.
Benefits Available From Workers’ Compensation Insurance
The purpose of workers’ compensation insurance is to protect covered employers while providing economic relief to injured workers. A successful workers’ compensation claim in San Antonio should yield two forms of benefits to the injured claimant. First, the insurance company will pay for all the medical treatment related to the workplace injury. Second, the employee will receive disability benefits during the time they are unable to work due to the injury.
If you are able to file a workers’ compensation claim, your San Antonio construction accident attorney can guide you through the process and help ensure that you receive a fair determination of benefits from your employer’s insurance carrier.
It is important to remember that while workers’ compensation insurance generally protects employers from civil lawsuits, there are exceptions to this rule. It is also possible for an injured worker to have grounds for a claim against a third party outside of their work who caused the injury. This could enable the injured worker to recover the types of compensation that workers’ compensation doesn’t cover, such as their non-economic damages.
Filing a Third-Party Claim for a Construction Accident in San Antonio
You may have grounds to file a third-party claim if any party outside of your work directly caused your construction accident. For example, if a subcontractor or any other third party caused the accident, you could file a claim for workers’ compensation benefits since the injury happened while you were working. Your third-party claim, however, would enable you to claim compensation for the damages that workers’ compensation insurance won’t cover.
For example, if you receive disability benefits, these benefits will pay a percentage of your usual weekly earnings each week until you are able to return to work. Your third-party claim would enable you to claim the remainder of your lost income. Additionally, workers’ compensation insurance does not compensate you for pain and suffering, but you would be able to claim these damages with a third-party suit.
Building a Personal Injury Claim for a Construction Accident
Whether you intend to file a third-party personal injury suit in addition to your workers’ compensation claim or are preparing a standalone personal injury suit after being injured as a bystander, the right attorney will be an invaluable asset when it comes to building a successful civil claim for damages.
In Texas, proving fault is a necessary first step in every personal injury claim. The injured plaintiff must name the party or parties responsible for causing the injury and then prove the full scope of their resulting damages. The plaintiff must also establish causation between their damages and the defendant’s actions, meaning their claimed damages must not have resulted from any other cause and would not have occurred but for the defendant’s negligence or misconduct.
The objective of a personal injury claim is for the injured plaintiff to prove fault for the damages they suffered and to obtain compensation for those damages so they can be as “whole” as possible again. The average person may be able to identify immediately recognizable losses they can claim, but they may struggle when it comes to assessing the full scope of their claimable damages and the total compensation they are eligible to recover.
Economic and Non-economic Damages in a Personal Injury Suit
Two types of damages can be claimed in a personal injury case. Economic damages are the direct financial losses the plaintiff suffered because of the incident in question and are generally proven with the appropriate documentation showing the defendant directly caused these losses. Non-economic damages pertain to physical pain, psychological distress, and other intangible effects of the incident in question.
Your San Antonio construction accident lawyer can help you accurately assess the full scope of the economic damages you are eligible to recover from the defendant who caused your construction accident. For most claimants, economic damages will include damages, medical expenses, and lost income.
It is important to remember that not all of your claimable economic damages may manifest immediately. It is possible for a severe injury to require extensive ongoing medical care, and the defendant would be liable for both immediate and future medical treatment costs resulting from their actions.
Similarly, if you are unable to work in the future due to your injury, the defendant may not only be liable for lost wages but also for your lost future earning potential. Your attorney can help you accurately assess the scope of these projected losses based on your income and how long you would have been able to continue working if you hadn’t been injured.
Calculating Pain and Suffering Compensation for a Construction Accident
Texas’ personal injury laws enable an injured plaintiff to seek compensation for their physical pain and emotional distress, but they may not know how to determine an appropriate amount to claim. There is no set formula they must use to calculate pain and suffering compensation, and state law only limits pain and suffering compensation in a select few types of cases.
Generally, the amount of pain and suffering compensation a plaintiff obtains depends on the overall severity of their injury and the scope of long-term or permanent harm they suffered because of it. For example, a plaintiff who was left permanently disabled by a catastrophic injury is likely to receive more pain and suffering compensation than a plaintiff expected to fully recover.
Common Construction Accidents
- Falls from heights
- Slips, trips, and falls
- Falling objects
- Electrocutions
- Caught-in/between accidents
- Machinery accidents
- Fire and explosions
- Chemical exposure
- Hearing loss
- Work zone collisions
Understanding the Role of Fault in Construction Accident Cases
Fault can be a complex subject in a construction accident case. If you are filing a workers’ compensation claim, fault may not apply to your situation, meaning it will not be necessary to prove fault in order to qualify for benefits, and it is possible for you to have caused your own injury and still qualify for benefits.
Your fault will, however, nullify your ability to claim workers’ compensation benefits if you caused your injury because you were working under the influence of alcohol or drugs or if you intentionally violated workplace safety rules. If you have concerns about fault as it pertains to your workers’ compensation claim, you must consult a San Antonio construction accident attorney as soon as possible.
Fault will be a central issue in a personal injury claim. An injured plaintiff pursuing compensation from a defendant must be able to prove fault for their damages in order to recover their losses. The plaintiff must identify the party responsible for causing their damages, prove exactly how they caused them, and then prove the full range of resulting damages in order to succeed with their case.
Comparative fault can come into play in a personal injury case when a plaintiff is partially responsible for causing their injury. As long as the plaintiff shares less than half the fault, they should still be able to have a successful case; however, they forfeit a portion of the compensation equal to their percentage of fault for causing the incident in question. If they are considered to share half or more of the fault, this will render them unable to request damages from the defendant, and they will be responsible for their own losses.
Find Legal Counsel You Can Trust in San Antonio
Ultimately, you could face a wide range of complex legal issues in the aftermath of a construction accident that you will not be able to navigate on your own. Hiring the right attorney can make a tremendous difference in your recovery efforts and allow you to claim maximum compensation for your losses.
You have a short time in which to file your claim. If you intend to file a workers’ compensation claim for benefits, you need to report your injury right away and start the claim filing process as soon as possible. If you intend to file a personal injury claim, you must do so within the statute of limitations and start gathering the evidence you need to prove fault.
Contact Abraham, Watkins, Nichols, Agosto, Aziz & Stogner today to schedule a free consultation with an accomplished San Antonio construction injury lawyer you can trust with your claim. We can explain the legal services that we can provide to help you recover.
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