Working in construction means that you have a dangerous job that can result in serious injuries. If you have been hurt at a construction site in Houston, then you may need the help of a construction accident lawyer to receive compensation for your injuries. So, how can you get a settlement when you file a construction accident lawsuit?
Ask a Lawyer: Four Tips for Getting a Settlement During Your Construction Accident Case
1. Identify Cause of Accident
Your priority is to identify the cause of the accident. Construction accidents can be caused by a variety of factors, including other workers, defective equipment, the weather, and other dangerous conditions.
When you can identify the cause of the accident, you will be able to understand whether or not negligence was involved in your case. Many personal injury lawsuits involve negligence since injuries would not occur if circumstances were reasonably safe. Negligence is the central part of identifying who is liable for your accident.
Were OSHA Regulations Followed?
Much of the time, the root cause of a construction site accident is OSHA regulations are not followed. OSHA regulations outline safety requirements that protect construction workers from serious injuries.
For example, if you are working more than six feet above the ground, then you are required to have a safety harness and a helmet to prevent injury. If you do not have access to protective equipment that can keep you safe, then your employer is violating OSHA regulations and that can be a contributing factor to the cause of your accident.
2. Gather All Evidence
You will be able to receive a fair settlement for your construction accident case if you can work with a construction accident lawyer in Houston to gather all evidence related to your injuries. Your evidence should be based on facts of your accident, including witnesses who may have seen the accident and the actions that were taken immediately after the accident, such as receiving medical attention.
Evidence of Negligence
Some evidence you need to collect will prove negligence. For example, if you can prove that your employer does not follow OSHA standards for safety regulations, then this will prove that your employer is negligent in the safety of employees. When there is negligence related to your case, you are more likely to win a settlement.
Evidence of Injuries
You also need to provide evidence of your injuries, starting from the immediate medical care you received after the accident and any ongoing medical treatments you have had. Evidence should also include medical bills. Your medical records and medical billing information will be used to support the severity of your injury claims.
3. Identify Who Is Liable
In construction accident cases, the people who are liable for your accident can include your co-workers, subcontractors working at the construction site, and your employer. For many people, there may be multiple individuals who are responsible for their injuries, which means that your construction accident case will have multiple defendants who are liable for injuries.
4. Understand Your Rights
You also need to understand your rights as an employee. In Texas, employers do not have to provide worker’s compensation insurance, so you need to learn whether or not you are even entitled to this type of compensation. If your employment contract does not include worker’s compensation rights, then you’ll still be able to file a lawsuit for compensation, but the steps of your case will be different.
The rights of construction workers who work directly for an employer and the rights of subcontractors are often different. If you are a subcontractor, then your case will be different than a direct construction employee who was injured on the job.
What Else Can a Construction Accident Lawyer in Houston Tell You?
A construction accident lawyer and Houston will be able to answer all the questions you have about your case and will advise on the actions you should take immediately after your accident. For example, your lawyer will advise you to not accept the initial settlement offer from your employer or your employer’s insurance company. It’s common for initial settlement offers to not provide full compensation for injuries or loss of wages.
Get Medical Treatment Right Away
A lawyer will advise you to get medical treatment right away, even if you feel that you were not injured. Even a minor injury should receive medical attention since some types of injury, like traumatic brain injury, can develop over time. The initial treatment records will establish that you were injured on the day of the accident and will make it easier to provide evidence of your injuries.
If you are a construction worker and you have been injured in an accident, then you may need help receiving a settlement for your injuries Some tips on how you can win a settlement include gathering evidence that will prove liability and negligence, understanding your rights as an employee, and identifying OSHA regulations that have been violated.