A Guide to Third Party Construction Site Accidents in San Antonio

San Antonio, TX, attorneys at Carabin Shaw are experts in determining favorable legal actions for victims of construction site accidents. Their expertise is especially important for workers in rapidly developing cities like San Antonio, where accidents are more frequent.

If your job is in the high-risk construction industry and you are exposed regularly to dangerous conditions, you deserve protection from other people’s negligence. In this article you will learn more about how your attorney can serve as a guide to third-party construction site accidents in San Antonio.

In legal terms, a third-party claim is one that you file against anyone other than your employer whose actions contributed to your injuries.

For example, you might consider a construction injury lawsuit against a third-party in the following situations:

• The equipment you were using on the job malfunctioned or a safety feature failed to work, for which a manufacturer may be held responsible.
• You were working in a construction zone when a reckless driver moving through the site causes a dangerous accident.
• A subcontractor hires you to work on a job, but the general contractor neglected safety protocols and created unnecessarily unsafe conditions.

These are a few examples among many, your San Antonio construction accident lawyers can assess your case to determine which third parties might be liable for your injuries.

Workers’ compensation is a type of insurance that employers purchase to cover their employees’ on-the-job injuries. In Texas, employers aren’t legally required to offer workers’ compensation—but when they do, this insurance also protects employers from lawsuits. As a result, you receive benefits for your injuries regardless of who’s at fault.

By contrast, third-party claims require you to prove that someone is at fault for your injuries. Although workers’ compensation benefits are generally limited to financial losses, successful third-party lawsuits allow you to recover noneconomic damages such as pain and suffering.

Note that seeking workers’ compensation and pursuing a third-party lawsuit are separate processes. Even if you’re eligible for workers’ comp, you could still pursue a lawsuit for a third-party construction accident in San Antonio. When third-party liability applies, you stand to gain more coverage for medical expenses and lost wages, as well as for damages like emotional distress.

Numerous parties interact with a construction site during any given construction job in San Antonio. Because of how complicated determining liability can become, a lawyer helps you discern whether someone other than your employer is responsible for the following hazards:

• Unsafe protocols, such as inadequate training, for operating heavy equipment and vehicles
• Faulty tools or equipment
• Common causes of slip-and-fall accidents, including leaks, lack of proper gear, and missing handrails
• Dehydration due to extreme heat
• Poor lighting
• Exposure to toxic chemicals such as lead or asbestos
• Explosions and electrical issues
• Structural issues that result in building collapses

Although workers’ compensation typically prevents you from suing an employer who’s responsible for any of these conditions, you may have a valid lawsuit against a third-party.

Immediately following your accident, you should seek medical attention and try to document the scene as much as possible. When you’re handling an injury that might be complex and severe, a legal team’s indispensable knowledge and experience can speed up your case and allow you to focus on recovery.

To learn whether third-party liability is relevant to your case, schedule a free case review and initial consultation with Carabin Shaw by calling the toll-free number 800-862-1260. Our staff speaks Spanish and English, and they’re available 24/7. Above all, Carabin Shaw’s client reviews emphasize our care for clients’ health, which requires dedication to securing the best available legal outcome as quickly as possible.

For more information:

• https://statutes.capitol.texas.gov/Docs/LA/htm/LA.417.htm
• https://www.tdi.texas.gov/wc/data.html
• https://www.osha.gov/construction