Houston’s skyline is a testament to the hard work of its construction crews. But these sites, bustling with heavy machinery and constant activity, are also inherently dangerous. An accident can happen in an instant, leaving you with serious injuries, mounting medical bills, and uncertainty about your future. If you’ve been injured on a construction site, knowing what your rights are is the first, most critical step toward protecting yourself and your family.
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The moments after an injury are confusing and overwhelming. You may be pressured to make quick decisions while in pain and under stress. This article will help you understand your fundamental rights as an injured worker in Texas and clarify the complex question of who can be held responsible for your accident.
What Are My Rights After a Construction Site Injury in Texas?
Your construction site injury rights in Texas are protected by law, and it’s vital you understand them before speaking to an insurance adjuster or your employer’s representatives.
- The Right to Medical Care: You have the right to receive prompt and appropriate medical treatment for your injuries. Your health should always be the top priority.
- The Right to Report Your Injury: You must report your injury to your employer as soon as possible. You have the right to do this without fear of retaliation, demotion, or termination.
- The Right to File a Claim: You have the right to file for workers’ compensation benefits if your employer carries coverage. If they do not, or if a third party’s negligence caused your injury, you have the right to file a personal injury lawsuit.
- The Right to Legal Representation: You have the right to hire an attorney to represent your interests. An experienced lawyer can handle communications with insurance companies, investigate the accident, and ensure your rights are protected throughout the entire process.
Determining Liability: Who is Responsible for a Construction Accident?
Understanding who is liable for construction accidents is rarely straightforward. Unlike a simple car wreck, a construction site involves numerous companies and individuals working together. Liability can fall on one or more of the following parties.
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The Property Owner
Landowners have a duty to maintain a reasonably safe environment and warn of any non-obvious dangers on their property. If they failed to address a known hazard that led to your injury, they could be held liable.
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The General Contractor
The general contractor is responsible for overall site safety. This includes hiring competent subcontractors, coordinating job site activities, implementing safety protocols, and ensuring compliance with federal and state regulations. A failure in any of these areas can establish their liability.
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Subcontractors
Other subcontractors working on the site also have a duty to perform their work safely and not create hazards that could injure others. If an employee of a different company (e.g., an electrician, a plumber, or a crane operator) caused your accident through negligence, their employer could be held responsible.
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Equipment Manufacturers
Sometimes, an accident isn’t caused by human error but by faulty equipment. If a piece of machinery, a tool, or safety gear like a harness fails due to a design or manufacturing defect, the manufacturer can be held liable in a product liability claim.
The Role of OSHA in Your Injury Claim
After a serious workplace accident, you will likely hear about an investigation by the Occupational Safety and Health Administration (OSHA). OSHA’s mission is to ensure safe working conditions for all employees. When a severe injury or fatality occurs, they often launch an investigation to determine if any safety regulations were violated.
Many people search for OSHA accident reports by company to understand a site’s safety history. For your case, an official OSHA report that finds safety violations by a contractor or owner can be incredibly powerful evidence. It can help prove that negligence occurred, strengthening your claim for compensation. An experienced attorney knows how to obtain and leverage these reports to build the strongest case possible.
Why You Need an Experienced Houston Construction Accident Lawyer
Navigating the aftermath of a construction accident involves dealing with complex liability issues, aggressive insurance companies, and Texas-specific laws. Trying to handle this alone while recovering from an injury is a monumental task.
An experienced legal team can immediately take this burden off your shoulders. They will:
- Conduct a thorough investigation to identify all liable parties.
- Gather crucial evidence like witness statements and OSHA reports.
- Calculate the full extent of your damages—including medical bills, lost wages, and future needs.
At Joel A. Gordon & Associates, we understand the stakes. Serving Texas Since 1993, our firm has built a nationwide reputation for results by fighting for injured workers. We know that accidents don’t just happen during business hours, which is why we have a 24/7 phone service available to help when you need it most. To see how we approach these complex situations, you can learn more about how a Houston Construction Accident Lawyer can build your case.
Don’t let an on-the-job injury derail your life. Understanding your rights is the first step, and seeking expert legal guidance is the next. Contact Joel A. Gordon & Associates today for a free, no-obligation consultation to discuss your case and learn how we can help you secure the justice and compensation you deserve.