FAQs: Texas Construction Accident Lawyer

Q: What should I do to ensure I have a safe work environment?

A: Anytime you have a safety concern, you should always make sure to inform your supervisor and also make sure that it is documented in writing. If the safety hazard is not corrected to a reasonable degree, your next step would be to file a complaint with OSHA. You can refer to OSHA's website at http://www.osha.gov for more information and to find the office location nearest you.


Q: Will worker's compensation cover all of my on-the-job injuries?

A: Yes. The system for workers' compensation is set up to cover benefits to injured workers regardless of an injury being caused by the employee's or employer's negligence. However, injuries occurring when an employee is under the influence of drugs or alcohol while injured on the job are generally not covered by workers' compensation.


Q: Is it possible to recover more than worker's compensation if I am injured on a construction site?

A: Worker's compensation laws usually limit your financial recovery against your employer. However, it is possible that other parties may be legally responsible for your injuries. The financial recovery from these parties is not limited by worker's compensation laws. So it is possible to collect financial damages from third-party contractors, vendors, suppliers, equipment manufacturers, or property owners.


Q: An OSHA investigation of my workplace (where I was injured) revealed that they violated OSHA regulations. Will this help support my case?

A: It depends. In certain locations, the courts hold the employer negligent when an injury resulted and an OSHA violation was reported. (e.g., in the BP Refinery explosion) But often, the answer depends on whether your injury was a direct result of the safety violation.


Q: My worker's compensation only covers my medical bills from my injury at a large construction site. Is it possible to sue the property owner for further financial recovery?

A: The property owner may be legally liable for some or all of your injuries depending on the amount and level of control they had over the property when you were injured. Another factor is the actual amount of authority the property owner had over the work being done and whether they utilized that authority or not to ensure a safe workplace.


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