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What Should You Do If Injured in a Construction Accident in Houston?

Chaya Ben by Chaya Ben
July 18, 2020
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What Should You Do If Injured in a Construction Accident in Houston?
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Amid the economic boom, the construction work in Houston is pacing up faster than ever before.

The construction work carries a high risk of accidents, such as roads or building high-rises in the city’s downtown area. According to OSHA, Greater Houston had over 20 fatalities in recent years.

The construction-related accident injuries in the Houston metropolitan area are significantly high. An experienced Houston personal injury attorney will very well know how to represent you to get the maximum compensation for your damages.

File a Workers’ Compensation Claim

Houston adheres to the Texas Workers’ Compensation Act.

Like other cities in Texas, employers in Houston need not carry workers’ compensation insurance. If your employer carries insurance, this is what you need to do.

First, report the injury to your employer. As per Texas state law, you get 30 working days from the date of injury to notify in writing with DWC Form-041.

The second step is to get the required medical attention from healthcare providers covered under the insurance. At this point, the suggestion is to hire an attorney, to seek legal advice.

Subsequently, your employer gets eight days to inform the insurance company about your injury. The insurer then evaluates your case. In the case of denial, your attorney can help you with the appeal procedure.

File a Third-Party Lawsuit

Houston falls in the “No-Fault” state category. It means that you can file the claim and need not prove your employer did anything wrong.

However, it is not applicable when you file this kind of lawsuit.

You will have to file a personal injury claim against your employer if they do not carry workers’ compensation insurance. The lawsuit is applicable in the case of injury on the site due to a third-party.

Hiring a Houston personal injury attorney to represent you in such a case is the best way to win the entitled compensation.

File a Product Liability Lawsuit

Nearly 50 cases of construction accidents reported in Houston were because of either getting caught between heavy machinery or getting struck by equipment. It made up almost 5% of cases reported in recent years.

In these scenarios, you can file a personal injury lawsuit under the product liability laws to compensate for injuries due to such products.

File a Toxic Tort

There have been over 10 cases of construction accidents in Houston, due to exposure to harmful substances, with a couple being reported fatal.

If exposure to toxic chemicals causes occupational diseases and injuries, you can file a toxic tort against your employer. Such cases can be complicated, owing to the seriousness of the allegations. You can hire an attorney who has experience in successfully defending victims against powerful companies.

Be Prepared with Required Documents

A recent study suggests that there have been over 900 construction-related claims against employers in Houston. With so many complaints, you need to ensure that your case stands out, and yours is successful at any cost.

Thus, it would be good if you were ready with all the documents required for the legal proceedings. After getting adequate medical attention, start working on the papers. Gather information about witnesses and medical representatives who can corroborate with your claims. Keep several copies of your medical reports, bills, and photographs of the construction site to prove the safety concerns.

Hire an Attorney

There are over 100 reputed law firms in Houston, with expertise in fighting construction accident lawsuits.

They will guide you through collecting required paperwork and filing the right type of case in the Texas court.

The rise in the number of construction site death rates in Houston and the other cities in the state are staggering. In the case of injury due to a construction accident, hire an experienced attorney for legal guidance, and claim your compensation.

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