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Galveston, Texas, has a booming economy along with multiple infrastructure projects that keep the city growing. While the construction industry is large, this can increase the risk of accidents, which can lead to serious damage to workers.
If you have been injured in a construction accident in Galveston, a Galveston construction accident attorney from Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is here to help you pursue adequate compensation to cover your damages.
How Can I Protect Myself After a Galveston Construction Accident?
Construction accidents in Galveston can be devastating, leading to long-term or even permanent injuries and damages. If you have sustained injuries in a construction accident, it’s critical to take certain steps to protect your rights and ensure your health and safety. A dedicated Galveston construction accident attorney from Abraham, Watkins, Nichols, Agosto, Aziz & Stogner can help you work through the following process:
- Get to safety. In catastrophes at construction sites, such as explosions and fires, it is critical to get to a safe area where you are no longer in danger of being subject to harm. After you are somewhere safe, notify Galveston law enforcement about the accident, and let them know if anyone has sustained life-threatening injuries so they can send adequate medical personnel.
- Document as much as you can. Even though it may be difficult to document the scene of your accident, as you are likely feeling shock and may not be thinking about taking photos and videos, it is critical to do so.
Be sure to get video footage of injuries and damages associated with the accident, as well as a general video that shows the scene of the accident. This can provide later insight into who was responsible for causing the accident.
- Report the incident to your employer. It is critical to report the incident as soon as you can to your employer or management, according to the emergency plans of your company.
If you do not report your injuries within 30 days, you can lose your legal right to pursue workers’ compensation under Texas law. Be sure to keep a paper copy of evidence that you notified your employer, and, if available, the response that they received your notification.
- See a medical professional. Even if you do not think that you were injured as a result of your Galveston construction accident, it is critical to see a healthcare professional so they can ensure you are not suffering from any asymptomatic conditions.
Furthermore, they can monitor your health over time to ensure that no conditions emerge. Ultimately, they can provide you with critical documentation of your injuries so you can receive compensation later.
- File a workers’ compensation claim. If your employer is subscribed to workers’ compensation insurance, you should fill out the documentation they give you after you notify them about the accident and follow all required steps to submit the claim. An experienced Galveston construction accident attorney can assist you with submitting a strong workers’ compensation claim with robust evidence.
- Negotiate with insurance companies. Unfortunately, insurance companies are only interested in increasing their bottom lines, and therefore, we will commonly fight to pay you an amount lower than what you are entitled to.
Therefore, it is not advised to speak with your employer’s workers’ compensation insurance company without a lawyer present. They can leverage critical negotiation tactics to secure you a fair and just settlement.
- Pursue litigation. In some cases, such as if your employer does not have workers’ compensation insurance or if a third party was responsible for causing your injuries, it is optimal to pursue compensation through civil lawsuits. An experienced Galveston construction accident lawyer can help you understand whether this is necessary for your case.
- Pretrial negotiations. The majority of simple cases are pursued or actually settled outside of court. An experienced lawyer can help you negotiate a fair and just settlement before going to trial so that you can avoid the entire courtroom process.
- Going to court. It may not be possible for a lawyer to get an optimal settlement for your damages during the negotiation process. A Galveston construction accident attorney from Abraham, Watkins, Nichols, Agosto, Aziz & Stogner will not hesitate to go to court for you to fight for the compensation you’re entitled to. We will bring forward optimal arguments with supporting robust evidence to convince the judge or jury of your case.
Protecting your health and safety and pursuing the compensation you’re entitled to after a Galveston construction accident is a complex and lengthy process. Therefore, it is critical to work with compassionate and experienced litigators who can identify the potentially liable parties in your case, understand the various factors involved, and design and implement a subsequent legal strategy to optimize your compensation.
Understanding Compensation for a Galveston Construction Accident
If you have been injured in a Galveston construction accident, you may have multiple legal avenues to pursue compensation for your damages and injuries. As the state of Texas does not require all employers to have workers’ compensation insurance, your employer may or may not have insurance to cover your damages.
As each construction accident case is unique, involving multiple parties, different insurance companies, and other specific details, it is critical to work with an experienced Galveston construction accident lawyer. A personal injury attorney from Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is here to evaluate the details of your case, helping you determine the various avenues you have available to pursue the compensation you are entitled to.
Texas Workers’ Compensation
The Texas workers’ compensation system is no fault. This means you are entitled to compensation for your damages, whether you were responsible for causing the accident that led to your injuries or not. There are some particular cases, however, where workers may not be entitled to their employer’s workers’ compensation insurance. Such instances include if the worker intentionally caused the accident or if they were under the influence of drugs on the job.
If your employer has workers’ compensation insurance, this means they are a subscriber to the system. After receiving workers’ compensation benefits from your employer’s insurance, you will usually not be able to sue them in court if they caused the accident that led to your damages. This is because subscribers have a particular legal safety net. Furthermore, the compensation you can receive from a workers’ compensation payout is ultimately limited.
Pursuing Personal Injury Claims Against Third Parties
In some cases, workers may be able to collect compensation from personal injury claims against third parties in addition to workers’ compensation benefits. Third parties who are responsible for causing construction accidents, such as equipment designers and manufacturers, contractors, subcontractors, and property owners, can be sued for negligent or wrongful actions that led to an injury-causing accident.
Personal injury claims allow workers who are harmed on the job to get full compensation for all the damages they suffered, including non-economic damages, such as pain and suffering and emotional anguish. Furthermore, through such claims, workers can receive compensation for lost earning capacity as a result of permanent impairment from their injuries.
Potential Liable Parties in a Galveston Construction Accident
Galveston construction accidents can be complex, as they can be the result of fault from various involved parties. By working with a Galveston construction accident attorney from Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, they can help you understand the liable parties involved and the responsibility they have for recovering your damages under the law. They can help you understand whether the following parties may be responsible for your accident:
- Property owners. Property owners have a responsibility to keep a safe work environment and make sure that contractors and other employers are working in line with safety rules and regulations. If a property owner does not adequately address dangerous hazards present on-site, they can be held liable for injuries that happen as a result.
- Contractors and subcontractors. Subcontractors and contractors also have a responsibility to make sure the construction site has safe conditions for the people working there. This means they must adequately train and supervise all employees, provide adequate safety equipment, and make sure heavy machinery is properly maintained. If they do not keep their end of the bargain and someone is injured as a result, they can be held accountable.
- Equipment designers and manufacturers. A construction accident may be fully or partially caused as a result of faulty construction equipment, such as power tools or cranes. In such cases, the designer or manufacturer can be held accountable for product failure in a product liability claim. An experienced Galveston construction accident attorney can help you navigate such legal processes.
It is important to keep in mind that if your employer is a nonsubscriber to the workers’ compensation system, they can be held accountable in court for any wrongful or negligent behavior that led to your injuries. A Galveston construction accident attorney from Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is here to help you hold liable parties responsible for their actions, discouraging them from allowing unsafe construction environments in the future.
What Kind of Compensation Can I Expect To Receive After a Construction Accident?
If you have been injured in a Galveston construction accident, you are likely entitled to compensation for your injuries. However, the different kinds of competition you can receive and the final amount will be dependent on various factors, such as the liability of different parties involved, certain insurance limits, and other details specific to your circumstances. A Galveston construction accident attorney can help you understand if you are entitled to the following:
- Medical cost coverage. The more severe the construction accident, the higher the associated medical expenses will be. The compensation settlements can cover all costs associated with treating, diagnosing, and monitoring a disease and can include expenses such as hospital bills and cleaning visits. An experienced lawyer can ensure you receive coverage for all past, present, and future related expenses.
- Lost income compensation. If you are out of work due to injuries from your construction accident, you may be entitled to compensation for income and benefits you have lost as a result. Workers’ compensation in Texas specifically provides income benefits to workers who were out of the job for a temporary period without having to prove fault for the accident.
- Future lost earnings. If you are pursuing compensation outside of the workers’ compensation system, an experienced lawyer can calculate all earnings you would have made in the future had you not suffered injuries that led to permanent impairment. They can help you pursue compensation to make up for these losses.
- Emotional distress. Although workers’ compensation claims do not cover non-economic damages, such as emotional distress and pain and suffering, there are other options to pursue compensation in which you can receive coverage for these damages.
For example, by suing a third party who was responsible for your accident, you can receive compensation for the full extent of your damages, including pain and suffering and emotional distress.
- Permanent impairment. If your construction accident injuries led to permanent disabilities, such as paralysis or severe brain damage, you may be able to receive additional compensation. Compensation to cover your permanent disability includes benefits associated with modifications to your vehicle or home, intensive long term care services, as well as a financial amount to make up for your lost earning capacity.
Unfortunately, it is common for construction accident victims to have fatal injuries. If you have lost a loved one in a Galveston construction accident, your family may be entitled to compensation in a wrongful death case. Such compensation can cover burial and funeral costs, subsequent loss of financial support from the deceased, and non-economic damages, such as loss of companionship and pain and suffering.
Pursue the Compensation You’re Entitled to With a Galveston Construction Accident Attorney
Galveston construction accidents can be devastating, leading to long-term, severe injuries or even death. Therefore, it is critical to pursue the compensation you are entitled to. A Galveston construction accident attorney from Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is here to understand the critical details of your case, including the various liable parties involved and address your questions and concerns.
Contact us today to start developing and implementing a strategy for pursuing compensation.
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