Odessa Construction Accident Lawyer
Some of the most dangerous jobs are construction jobs. State and federal governments have rules to help protect construction workers. However, even companies that follow those rules to the letter can have accidents. More accidents happen when construction companies cut corners with safety regulations to maximize profits. The negligence of not abiding by safety regulations could cause catastrophic injuries or even death.
If you suffered injuries or lost a loved one because of a construction accident, even if you believe your employer or contractor followed all safety regulations, contact an Odessa construction accident lawyer at (432) 220-2649 for a free case evaluation.
HOW AN ODESSA CONSTRUCTION ACCIDENT LAWYER CAN HELP
Texas does not require all employers to carry workers’ compensation insurance, including those in the construction industry. When your employer hires you, it must tell you if it has workers’ compensation insurance in place. Because employers can make that choice, recovering damages from a workplace accident becomes more complicated.
Construction injury attorneys in Odessa can help you determine the best way to file a claim and ensure your rights are not violated and which parties to take legal action against. Our construction accident attorneys will also:
- Investigate the cause of the accident
- Evaluate state and federal regulations, including OSHA regulations
- Ensure that you get the medical help you need
- Ensure that you receive the compensation you deserve.
TYPES OF CONSTRUCTION ACCIDENTS
Construction accidents come in all forms and depend largely on the type of construction you do. An Odessa construction accident lawyer can help you take legal action for the actions and inactions of co-workers, general contractors, contractors, employers and others. Some common types of construction accidents are:
- Falling from a ladder, scaffolding, or roof
- Injuries from falling building materials and tools
- Demolition accidents
- Blast accidents
- Trench collapses
- Exposure to hazardous materials, such as chemicals and asbestos
- Motor vehicle accidents, including truck wrecks, crane accidents, and heavy equipment accidents
- Forklift accidents
- Defective or improperly maintained equipment and tools
- PPE accidents, such as worn harnesses, cracked hardhats, and other PPE provided by the employer.
COMMON CONSTRUCTION WORKPLACE ACCIDENT INJURIES
Construction accident lawyers in Odessa see many types of injuries caused by construction accidents, including:
- Bumps, bruises, cuts, scrapes and scratch
- Road rash, if you fall and slide on pavement or a crash throws you from a construction truck or other vehicle
- Chemical and thermal burns
- Electrical burns and electrocution
- Face and eye injuries
- Hearing injuries, including permanent hearing loss or tinnitus
- Illness from exposure to toxic chemicals
- Head, neck and shoulder injuries
- Traumatic brain injuries
- Simple and compound fractures
- Crushed bones
- Strains, sprains, pulled and torn muscles, and other soft tissue injuries
- Back and spinal cord injuries
- Internal injuries.
Secondary injuries are also common. Some examples of secondary injuries include:
- Infection in open wounds, whether caused by the initial accident or surgery to repair an accident injury
- Loss of function due to a traumatic brain injury
- A strained back caused by a hip injury
- Depression and/or anxiety caused by catastrophic injuries
- Post-traumatic stress disorder caused by a traumatic accident.
The defendant is also responsible for any medical expenses and additional pain and suffering you incur because of secondary injuries.
Additionally, if a construction accident injury exacerbates an existing injury or illness, the defendant is also liable for economic damages and non-economic damages related to the exacerbation of pre-existing conditions.
WORKING WITH INSURANCE COMPANIES
Never trust insurance companies. They might act as if they are on your side and that they care, but the only thing they really care about is protecting their bottom line. Every claim an insurance company pays cuts into its profits.
After a construction accident, you can notify an insurance company of an accident. However, only give them the date and location of the accident and your attorney’s contact information. The insurance company has many tricks to deny a claim or offer a pittance that might not even cover medical expenses.
RECOVERING DAMAGES AFTER AN ODESSA CONSTRUCTION ACCIDENT
After a construction accident, you could recover damages in the form of compensatory damages and punitive damages. Compensatory damages include economic damages and non-economic damages. The court orders these types of damages in an attempt to make the plaintiff – the accident victim – whole again. While the money does not remove the injuries or bring back a loved one, it significantly reduces the financial stress of not having income come into the household.
Punitive damages, however, do not make a plaintiff whole. Instead, the court orders punitive damages as a punishment for the defendant’s grossly negligent or intentional behavior that caused the accident injuries. The plaintiff must prove that the defendant’s actions or inactions were grossly negligent or intentional.
Sometimes referred to as special damages, economic damages have a monetary value and include:
Even if you have minor injuries, you could have medical expenses. When an Odessa construction injury lawyer estimates the compensation you should receive, the lawyer looks at several types of medical expenses. Thus, you should provide invoices relating to medical expenses to your attorney, including:
- Doctors’ appointments
- Therapy appointments, including occupational therapy, physical therapy, cognitive therapy, and psychological therapy
- Appointments with other medical professionals
- Hand controls for your vehicle
- Ambulatory aids
- Medical equipment, such as hospital beds and oxygen machines
- Updates to your home to make it more accessible, including ramps, widened doorways and grab bars.
In some cases, you could recover compensation for personal property that was damaged or destroyed in a construction accident, such as a personal vehicle, cell phone, or computer.
Most people know that you can recover lost wages for the days you were out of work from the time of the accident through the time you settle or win a jury award. However, you can also recover loss of future earning capacity.
Loss of earning capacity, sometimes referred to as future lost wages, encompasses any cut in pay because of the inability to return to your same job because injuries or disabilities caused by accident injuries prevent you from doing so.
You might be able to take a job sitting behind a desk, but that job pays much less than your construction job. You could receive the difference in pay. Or, you might not have the ability to work at all.
In most cases, accident victims who cannot go back to work or are forced to take part-time work or a lesser-paying job receive loss of earning capacity until the time they would have normally retired.
If you lost a loved one because of a construction accident, you could receive funeral, burial and/or cremation expenses. Additionally, you might also recover probate court expenses and the expense of hiring a probate attorney.
General damages, often referred to as non-economic damages, do not have an easily calculated monetary value and include:
- Pain and suffering, including emotional distress
- Inconvenience if you need to hire someone to do the chores you normally do, including grocery shopping, house cleaning, lawn maintenance, and home repair and maintenance
- Loss of quality of life if you have to use ambulatory aids or take prescriptions for the rest of your life. Even if you lost partial use of a finger but did not require medical aids or prescriptions, you could recover compensation for loss of quality of life.
- Loss of consortium if you and your spouse cannot share a physical relationship due to accident injuries
- Loss of companionship if your accident injuries prevent you from spending quality time with your family and taking part in family events and activities
- Loss of use of a body part
- Loss of use of a bodily function
- Disfigurement and/or excessive scarring.
If you suffered injuries or lost a loved one in a construction accident, contact an Odessa construction accident lawyer at Hanna Personal Injury Law at (432) 220-2649 today for a free case evaluation.
Contact an Odessa Construction Injury Lawyer
After a construction accident, you might be in the hospital for quite a while for surgeries and recovery. You might also need various therapies to help with physical and emotional processes. If the actions or inactions of someone caused your injuries while you were on the job, including off the job site, retain an Odessa construction injury lawyer at Hanna Personal Injury Law to ensure that you get the best medical care and the compensation you deserve. Call our office at (432) 606-3820 to schedule a free case evaluation.
How much does it cost to retain an Odessa construction accident attorney?
You do not pay a dime to get your case started. In fact, you only pay if we win your case. We ask for our attorneys’ fees and costs as part of your settlement or trial award. We do not take a dime until you get a check.
How soon should I hire an Odessa construction accident lawyer?
You should contact an Odessa construction accident lawyer as soon as possible after an accident. If you file workers’ compensation, you do not have as much time to file the claim as you would if you were taking legal action against your employer’s insurance company.
How long do I have to file a claim against my employer?
Depending on the type of claim you file, you could have up to two years to take legal action. If you file a workers’ compensation claim, you have up to a year to file a claim. However, we do not recommend that you wait that long to schedule a free case evaluation. You will remember more about the accident right after it. Additionally, evidence has a way of disappearing when you wait too long.
What do I do if my employer does not have workers’ compensation insurance?
You can file a claim against your employer or take legal action against the at-fault person or entity if it is not your employer. Contact an Odessa construction accident lawyer as soon as possible to determine which course of action you need to follow.