Faulty Equipment & Liability in Lockhart TX - Who Pays for Construction Site Injuries?

When a worker is injured on a construction site, they may file a workers’ compensation claim to receive benefits for medical bills and lost income. If a third party is to blame, the victim may file a third-party liability lawsuit and collect compensation for economic and noneconomic damages. Hiring a local lawyer to maximize your compensation in Lockhart, TX, is the best way to ensure you financially recover from a work site accident.

The Lockhart work accident lawyers at Carabin Shaw have decades of experience helping injured construction workers seek compensation for on-the-job accidents, such as:

• Falls from ladders, scaffolding, or roofs
• Strikes from falling objects or heavy equipment
• Electrocution from live wires or malfunctioning equipment
• Caught in or between accidents involving machinery or excavation cave-ins
• Exposure to hazardous materials such as asbestos

Call the legal team at Carabin Shaw on our toll-free number at 1-800-862-1260 to schedule a free consultation. We have English- AND Spanish-speaking staff who can help you evaluate your legal options after a construction site injury. Someone is available to speak with you 24/7.

According to OSHA, 20% of all workplace deaths are from construction workers. Electrocution, falls, struck-by, and excavation failures are the most common serious construction accidents. Faulty or defective equipment can cause each of these top hazards in the construction industry.

Some common denominators in equipment failure provide the impetus for hiring a lawyer to seek compensation. Causes of equipment failure include:

• Lack of maintenance
• Improper use
• Manufacturing defects
• Wear and tear or age of equipment
• Poor design
• Inadequate training

The responsibility for these failures falls on multiple entities, including:

• Employers
• Maintenance companies
• Rental companies
• Manufacturers
• Retailers
• Property owners

At Carabin Shaw, we identify all liable parties in your case, so you have a strong cause of action for a lawsuit. Read our client reviews to learn more about our successful legal actions inside and outside the courtroom.

Employers who subscribe to worker’s compensation insurance are protected from lawsuits related to faulty equipment unless their willful or gross negligence resulted in an employee’s death. Workers’ compensation is an injured construction worker’s “exclusive remedy,” which makes third-party lawsuits a better option for full financial compensation in some personal injury lawsuits.

A Lockhart attorney can help you negotiate with workers’ compensation insurance and ensure you get the benefits you are owed. These may include:

• Medical benefits
• Income benefits
• Death and burial benefits

Workers’ compensation does not cover pain and suffering, emotional anguish, or punitive damages. Compensation for noneconomic losses is only available through a personal injury claim. When a third party is liable, it provides the legal opportunity for broader compensation that reflects the accurate outcomes of a construction site injury in Lockhart TX.

For the court to decide on third-party liability in a work injury, that party must have been negligent. Negligence occurs when an entity has a duty of care, breaches that duty, and the breach causes injuries. For example:

• Manufacturers have a duty to make a product free of safety defects.
• Rental companies must deliver or assemble safe equipment.
• Retailers must warn purchasers of known safety hazards in their products.
• Maintenance companies should adhere to inspection schedules and quality controls.

The additional damages the court will award in a third-party lawsuit (or negotiated settlement) include non-monetary damages, and it may include exemplary damages in cases of gross negligence.

Dealing with a work injury and trying to maintain your livelihood while away from work is stressful, but it should not delay your pursuit of fair compensation for your injuries. Filing a timely workers’ compensation claim or personal injury lawsuit increases your chances for full compensation.

Call Carabin Shaw today for the legal support you need after a construction site injury. We offer our services on a contingency-fee-basis because we want you to have the representation you need for a full financial recovery.

For more information:

• OSHA
• Texas Statutes
• TDI