Who Can File a Construction Accident Claim?
Qualifying to Pursue Damages for Injuries Sustained on a Construction Site or Project
When you’ve been hurt on a construction site, there can often be uncertainty about your right to recover compensation for your losses. Are you limited to the benefits available through a workers’ compensation claim? Can you file a work comp claim (or a civil action for damages) if you are an independent contractor or perhaps being paid off the books? If you have been hurt on a construction site, you want an experienced and knowledgeable lawyer to help you understand your rights and options, and to aggressively advocate for you. Bailey & Galyen can help.
At the law offices of Bailey & Galyen, we have successfully protected victims of serious and catastrophic injury for nearly four decades, obtaining positive results in a wide range of construction site injury claims in Texas and throughout the United States. We focus first and foremost on the needs of our clients, providing aggressive, compassionate and effective legal counsel dedicated to getting optimal recovery. Because of our meticulous preparation and skilled advocacy, we have secured millions of dollars in damages for our clients.
We know from working with scores of personal injury victims that the uncertainty that comes after an accident can lead to fear, anxiety and stress. We strive to be there when you need to talk with us, to make certain you know the status of your claims and what your options are moving forward, as well as your likelihood of success. We’ll immediately notify you of any developments in your case, so that you can make informed and intelligent decisions about how you want to proceed.
Your Right to Bring Legal Action after a Construction Accident
There are generally two requirements to qualify for workers’ compensation benefits—you must have been injured and you must have been working at the time. Accordingly, an employer typically cannot legally deny your work comp claim because you were not on the payroll. There may be situations where, as an independent contractor, you are required to obtain your own policy of workers’ compensation insurance, but you should always let an experienced attorney make that determination for you.
It’s also important to understand that workers’ compensation benefits are intended to cover injuries caused or resulting from the carelessness or negligence of your employer or a co-worker. If your injuries were caused in any way by an unrelated third party—the manufacturer of a defective tool, for example, or the driver of a vehicle that caused an accident—you may bring a civil lawsuit against that person or entity. In fact, you can file your lawsuit simultaneously with your application for workers’ compensation benefits. The only caveat—you can’t recover the same losses in a workers’ compensation claim and a civil suit. If your medical expenses are paid for by work comp, you can’t have them paid for in a lawsuit.
Contact Bailey & Galyen for Proven Advocacy after a Serious Injury
At Bailey & Galyen, we have obtained positive results for victims of serious injury for more than 35 years. For a private consultation, contact our offices by e-mail or call us at 844-402-4530 for an appointment. There’s no cost or obligation for your first meeting. We are available to meet with you evenings and weekends, if necessary. Home and hospital visits can also be arranged. Se habla Espanol
We represent construction site accident victims on a contingent fee basis. We won’t charge attorney fees unless we recover a financial award for your losses.