Trial Attorney – Providing Honest and Aggressive Representation for Construction Injury Victims
Edinburg Construction Accident Lawyer – Helping Injured Workers Recover Compensation
- Attorney Chris R. Brasure has been representing slip and fall injury victims for over 10 years.
- The award-winning lawyers of Brasure Law Firm provide honest and aggressive representation for injury victims in Edinburg.
- With a top lawyer on your side, we vow to provide the best service and treat you with the respect you deserve.
- Our team of attorneys frequently earn positive reviews, making us one of the best law firms in Hidalgo County.
Construction sites are very dangerous locations and even the most experienced, conscientious worker can be seriously injured or even killed in a work site accident.
Construction accident lawsuits are quite complex and many are considered high-stakes because it’s not uncommon for a construction worker to suffer life-changing or life-ending injuries. Due to the physical nature of construction work, a physical injury that would pose no problems for an office worker can easily make it impossible to for a construction worker to continue in their chosen career field. So it’s not uncommon for injured victims to find themselves facing the prospect of finding a new business or profession — an often challenging task for someone who has a lifetime of experience as a skilled laborer or craftsman.
These personal injury cases can also be complicated by workplace-related issues, such as workers’ compensation, OSHA -related matters and the fact that there are often multiple contractors and subcontractors working at a site simultaneously, which can make it challenging to determine each party’s role in the incident. Additionally, the Texas Workers’ Compensation Act allows for a different procedure for handling personal injury claims against a company that’s considered a “nonsubscriber” – a construction company that does not have workers’ compensation insurance coverage.
While each construction site injury lawsuit is unique, one thing remains constant: you need an experienced Texas personal injury lawyer to handle this type of claim. At Brasure Law Firm, PLLC, we take a client-centric approach to our legal practice, placing the emphasis getting results for our clients. We also limit our caseload so that we can provide our clients and their cases with the attention they deserve, thereby ensuring the best possible results.
In addition to handling personal injury cases, we also handle cases in other practice areas, including wrongful death lawsuits in cases where serious injuries prove fatal.
If you or a loved one were injured or died as the result of a construction accident, contact the personal injury attorneys with Brasure Law Firm, PLLC for a free and confidential consultation. Call 956-686-3555.
Common Issues and Concerns Following a Construction Accident
Lawyers with Brasure Law Firm, PLLC believe it’s important to keep clients informed and educated as we progress through the legal process. We feel that this makes the entire legal process more productive and less stressful for our clients.
Our legal team has compiled an overview of a few common questions that we receive following a construction site accident.
How does workers’ compensation impact my construction accident lawsuit?
Workers’ compensation plays an important role in cases involving a construction accident or any other workplace injury. Workers’ compensation is a type of insurance that employers can retain to help cover expenses such as medical expenses and lost wages while an employee recovers following an on-the-job injury. Death benefits are also offered.
Per Texas construction accident laws, your case will fall into one of two categories: a case involving an employer who has workers’ compensation insurance or an employer who is a nonsubscriber.
Your case is handled differently depending upon which category applies. In the case of a company with workers’ compensation coverage, there may be compensation caps and other limitations that impact your claim.
What is a Nonsubscriber?
A nonsubscriber is a term used in the Texas Workers’ Compensation Act that refers to companies that do not hold workers’ compensation insurance coverage. In the case of a nonsubscriber, there are fewer legal limitations and there is no cap on the amount of compensation that can be recovered.
Unfortunately, cases involving a construction company that’s considered a nonsubscriber can be more challenging at times because the attorneys are often very aggressive. It’s not uncommon for the defense strategy to involve a direct attack on the victim and his or her actions.
What should I do if I’m involved in a construction accident?
Texas construction workers should seek medical attention immediately following an on-the-job injury. This is critical for ensuring the best possible outcome in terms of your health, but also, the medical records will be an important part of your case. It is also standard to report the matter to your employer.
If possible, we recommend photographing the accident scene in the moments following the mishap. If you are physically unable to do so, you may ask a coworker to use your device to capture photos of the area, ideally before the scene is altered or cleaned.
You should also photograph your injuries and make note of any witnesses. If necessary, obtain the name and contact information of the witnesses.
You should contact one of our construction accident lawyers as soon as possible following the accident, as time is a critical element. Construction sites are constantly evolving, and critical evidence may disappear from the property in very short order. We can also offer legal advice and recommendations on how best to proceed in a manner that will maximize your chances of getting the compensation you deserve for your injuries and other losses. Our attorneys can also guide you through the process of dealing with your workers’ compensation claim.
How much will it cost to hire a Texas personal injury lawyer to handle my construction accident lawsuit?
Every case is unique, so the complexity and time involved with each case varies dramatically. Generally, we accept personal injury and wrongful death lawsuits on a contingency basis. As such, it’s typical for the fee to be collected at the very end of the process, once our attorneys have recovered compensation.
In some cases, the defendant may be ordered to pay your legal fees. In other cases, the law firm accepts a pre-determined percentage of the funds recovered for the individual.
What causes construction accidents?
Construction accidents are caused by many different factors. In the United States, the Occupational Safety & Health Administration (“O.S.H.A.”)is charged with monitoring workplace safety. O.S.H.A. Has many safety standards which employers must follow. According to O.S.H.A. The following were the top 10 most frequently violated standards by Federal OSHA in the fiscal year 2015 (October 1, 2014, through September 30, 2015):
- Fall protection, construction (29 CFR 1926.501)
- Hazard communication standard, general industry (29 CFR 1910.1200)
- Scaffolding, general requirements, construction (29 CFR 1926.451)
- Respiratory protection, general industry (29 CFR 1910.134)
- Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147)
- Powered industrial trucks, general industry(29 CFR 1910.178)
- Ladders, construction (29 CFR 1926.1053)
- Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305)
- Machinery and Machine Guarding, general requirements (29 CFR 1910.212)
- Electrical systems design, general requirements, general industry (29 CFR 1910.303)
What are the procedures for construction site accidents?
Once an accident happens the first step is to make sure the injured party receives adequate care. It is also important to take as many pictures of the accident scene and any equipment involved in the accident. Documenting the names and contact information for witnesses is also very important. In addition, writing down details of the accident, people around the accident, and equipment around the accident is very important.
What are the costs of construction accidents to employers?
The costs of construction accidents to employers can vary depending on the injury. In some cases, an insurance company can pay for the injuries to a person. In other instances, workers can apply for workers compensation benefits.
Do construction accidents fall under workers’ compensation?
Some construction accidents fall under workers compensation. In some instances, the employer will discourage an injured employee from seeking workers compensation benefits. Often times, an employer will pay an insurance company premiums so that if, or when, an employee is hurt at work, the insurance company will pay for doctors visits and lost income. In some cases, the employer does not want the injured employee to “report” the incident because the workers’ compensation insurance company might raise insurance premiums for the employer. Further, often times, the worker compensation insurance company will send the injured worker to doctors who favor the insurance company.
Our Texas Personal Injury Attorneys Will Help You Recover Damages for Your Construction Accident Injuries
Brasure Law Firm, PLLC has earned a reputation as one of the best in the region thanks to our emphasis on the client. We believe in a “quality over quantity” approach to practicing law, placing our clients first and foremost.
Construction accident lawsuits can be a very challenging and complex type of personal injury or wrongful death case, so you need an experienced law firm to handle your claim. That’s precisely what you’ll get when you turn to the legal professionals at Brasure Law Firm, PLLC.
Contact us today to arrange a confidential, no-cost case consultation session by calling our law office at 956-686-3555.