3 Legal Options for Injured Construction Workers to Recover Damages

From using dangerous tools and heavy machinery to working at great heights or below ground, there are a variety of hazards that construction workers must be constantly aware of every time they work. Despite wearing safety equipment and following best practices, construction workers are still susceptible to injury and even death. 

If you or a loved one has been injured in a construction accident, there are three ways to recover compensation to pay for your damages: 

  • Workers’ compensation – Like other jobs, if you are injured while working in construction, you will be eligible for workers’ compensation benefits. All you need to prove is that you suffered an injury and that the injury happened in the course of work. Workers’ comp generally pays for hospital bills and other medical-related costs, lost income, and partial or permanent disability. 

  • Personal injury lawsuit – Claiming workers’ compensation makes you ineligible to file a personal injury claim against your employer. However, if your work-related injury was caused by a third party, then you may file a lawsuit against that person or entity. Common examples of third parties involved in construction work include construction companies, property owners, architects and designers, engineers, contractors and subcontractors, vendors, heavy machinery operators, vehicle drivers, etc. You must prove that the third party had a duty of care, the third party breached that duty, and you were injured due to the third party’s negligence. 

  • Product liability lawsuit – If a defectively designed or malfunctioned piece of equipment or machine caused your injury, then you could file a product liability lawsuit against the designer, manufacturer, or supplier of the equipment, machinery, part, or tool. Similar to a personal injury claim, you file a lawsuit in civil court. However, you must only prove that the equipment, machinery, part, or tool was unreasonably dangerous after manufacturing, you used the device as originally intended, and the device had a dangerous defect that caused your injury. 

At Rodriguez & Gimbert, P.L.L.C., we can thoroughly review your case, figure out your legal options, and ensure you get the best possible outcome of your case. We have more than 45 years of combined experience serving clients in Bryan and College Station, Texas. 

If you were injured in a construction accident in Bryan or College Station, contact us today at (979) 559-3599 and request a free case evaluation.