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Third-Party Liability - Your Rights After an El Campo, Texas Construction Injury
El Campo’s proximity to the coast makes it popular for residents and tourists. Construction keeps up with the demand for housing and amenities, which is suitable for those employed in the industry but also leads to more accidents on construction sites. Workers injured on the job may face debilitating injuries that make it challenging to work and support their families.
A construction accident can make you feel helpless, but you have rights. The El Campo work accident lawyers at Carabin Shaw protect accident victims’ rights and ensure they receive the damages they are due. Our team is available 24/7 for free case reviews in Spanish or English at 800-862-1260.
What Are My Construction Accident Rights?There were nearly 170,000 non-fatal injuries among construction workers in 2022. Severe injuries may leave you hospitalized or recovering at home, making it easy to feel like the accident victim you are. However, you have rights, and the sooner you exercise those rights, the quicker you can get compensation to cover medical bills and losses.
Your Right to an El Campo Construction Accident LawyerOnce you receive medical attention, your next call should be to an experienced personal injury attorney. At Carabin Shaw, we help accident victims like you daily and maximize damages by holding all responsible parties accountable for your injuries. Check our client reviews to see what we’ve done for others in similar situations.
Your lawyer will first investigate your accident, gathering evidence like photos of the scene, eyewitness testimony, company reports, and other documentation. Your legal team will use this evidence to file a workers’ compensation claim, personal injury lawsuit, or a combination. Texas law allows you to file a third-party lawsuit simultaneously with a workers’ comp claim to maximize your damages.
Your Right to Compensation for Your El Campo TX Construction InjuryMost private employers carry workers’ compensation insurance even though Texas does not require it. You can file a claim immediately if your employer has workers’ comp. You must file a claim within 30 days of your accident to qualify for workers’ compensation benefits, which include:
- Medical expenses
- A portion of lost wages
- Some burial expenses after a fatality
- Survivor benefits after a fatality
Your legal team can assist you with your claim to ensure you receive all the benefits you are entitled to. However, even full benefits are unlikely to cover all your expenses, especially if your injury is severe.
Your Right to Hold Responsible Parties Liable for Your InjuriesIf you collect workers’ compensation from your employer, you can’t file a lawsuit against them for additional damages. However, you can file a lawsuit against a party outside your employer, known as a third party. Examples of third parties include:
- Subcontractors
- Property owners
- Equipment manufacturers
- Commercial vehicle operators
- Project engineers
To hold a third party liable for your injuries, your work injury attorney in El Campo must prove the party’s negligence led to the accident and your injuries. Negligence is the failure to act with a level of care another reasonable individual would use in the same situation. In many cases, negligence involves violating safety procedures mandated by the Occupational Safety and Health Administration (OSHA).
Your Right to Maximize DamagesBy filing a personal injury lawsuit against a third party, you may extend your damages beyond what you can receive through workers’ compensation. Lawsuit damages might include:
- Additional reimbursement for lost wages
- Mental anguish from the accident
- Loss of earning capacity
- Disability and related expenses
- Scarring and permanent disfigurement
- Loss of enjoyment of life
- Loss of companionship or consortium
Your legal team will aim to see sufficient damages to restore your life as closely as possible to the way it was before the accident. These damages will cover your immediate losses and those anticipated well into the future.
Hurt at Work? Call Our Expert Team of Lawyers in El Campo, Texas at Carabin Shaw 24/7If you have been injured in a construction accident, call Carabin Shaw. We offer our services on a contingency-fee-basis, so you don’t pay any money upfront for our services. We are available toll-free at 800-862-1260.
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