A Texas Worker’s Guide: What Happens After a Fall on a Construction Site?

Key Takeaways for Construction Site Falls

• If your employer participates in the system, your primary path to recovery often starts with a workers’ compensation claim.
• You may have a separate personal injury claim against a negligent third party, such as a general contractor.
• Strict legal deadlines limit the time you have to report your injury and file a claim to protect your right to compensation.
• If your employer doesn’t subscribe to Texas workers’ compensation, you can file a personal injury lawsuit directly against them for negligence.
• A personal injury claim allows you to pursue compensation for damages not covered by workers’ comp, such as pain and suffering.

5 Steps To Take After a Fall on a Construction Site

What happens after a fall on a construction site can be confusing, but making a plan and acting quickly protects your rights. 

Follow these steps to take after being injured on a construction site:

1. Report the Injury in Writing: Notify your employer about your work-related injury to create an official record of the incident. Submit a written report to your supervisor detailing the date, time, location, and circumstances of the fall. 
2. Continue All Medical Treatment: Follow every instruction from your medical providers. Attend all follow-up appointments, physical therapy sessions, and specialist visits. Your medical records document your dedication to your recovery and become key evidence later.
3. Gather Your Own Records: Keep a detailed file of every document related to your case. This includes medical bills, receipts for prescriptions, insurance correspondence, and written notes about how the injury affects your daily life.
4. Preserve Any Evidence You Have: If you have photos of the accident scene, your injuries, or the faulty equipment that caused your fall, back them up in the cloud. Keep the clothes and footwear you wore during the incident in a sealed bag. 
5. Consult a Construction Accident Attorney: Don’t communicate with insurance adjusters or give a recorded statement without first seeking legal guidance. Choosing the right lawyer ensures you have someone who understands construction law, can evaluate your case accurately, and protects your interests from the start. An attorney can review the specifics of your case and explain your legal options. They work to pursue the full compensation available for your injuries.

The Role of Workers’ Compensation in Texas

The Texas workers’ compensation system is a state-regulated insurance program that pays medical bills and replaces some lost wages for employees who get hurt on the job. Yet, the system has specific rules and limitations you need to know.

How the System Works for Employees

If your employer has workers’ compensation insurance, you must report your injury within 30 days to begin the process. Once your claim is approved, the insurance carrier pays for the medical care related to the injury. It also provides temporary income benefits while you’re unable to work.

The system is designed as a trade-off. In exchange for these benefits, you generally cannot sue your employer for the injury, even if their negligence caused your fall.

The Limitations of Workers’ Comp Benefits

While workers’ comp provides essential support, its benefits are limited. It pays for your medical bills and a portion of your lost income, but it doesn’t offer anything for non-economic damages like physical pain, mental anguish, or loss of enjoyment of life.

These damages are often the most significant part of an injury’s true impact, and you can only pursue them through a personal injury claim. 

When Your Employer Doesn’t Carry Workers’ Comp

Unlike most states, Texas doesn’t require private employers to carry workers’ compensation insurance. Employers who opt out of the system are called non-subscribers. If your employer is a non-subscriber, what happens after a fall on a construction site changes completely.

You can file a personal injury lawsuit directly against your non-subscriber employer to recover compensation for your injuries. In these lawsuits, the employer cannot use certain traditional defenses, such as arguing that you were partially at fault for your own fall. 

Identifying Responsible Parties Beyond Your Employer

Construction sites are complex environments with many different companies and contractors working together. Your employer may not be the only party responsible for the unsafe conditions that led to your fall. 

Identifying these other negligent parties, known as third parties, can open a path to a separate personal injury lawsuit. This third-party liability construction accident claim allows you to pursue compensation that workers’ comp doesn’t cover.

Potentially liable parties include:

• General Contractors and Subcontractors: General contractors must maintain a safe worksite and can be held liable for failing to address known hazards, violating safety regulations, or improper supervision. Other subcontractors may also cause dangerous conditions, leading to falls.
• Property Owners and Site Managers: Property owners also have a responsibility to keep their premises in a safe condition, and they may be liable for resulting injuries if a landowner was aware of a hidden danger on the property and failed to warn workers or make it safe. 
• Equipment Manufacturers and Suppliers: Falls on construction sites can result from equipment failure, such as defective scaffolding, ladders, or safety harnesses. 

Common Causes of Construction Site Falls in Texas

Construction sites are full of potential hazards that can lead to devastating falls. Many of these incidents are preventable and happen because a person or company failed to follow established safety standards. 

Frequent causes include:

• Unstable Scaffolding: Improperly assembled scaffolding, missing guardrails, or a failure to secure the structure can lead to collapse.
• Unsafe Ladders: Using the wrong type of ladder for the job, placing a ladder on uneven ground, or using a defective ladder can cause a serious fall.
• Unprotected Openings: Unguarded holes in floors, elevator shafts, or open rooftops create obvious and extreme fall risks.
• Cluttered Walkways: Tools, materials, debris, and cords left in walkways create trip-and-fall hazards that may lead to significant injuries.
• Lack of Safety Equipment: Failure to provide or enforce proper protective gear, like safety harnesses and lanyards, puts workers in danger.
• Weather Conditions: Rain, ice, or wind can make surfaces slippery and dangerous, and lead to slips and falls. Yet, work may be ordered to continue without proper precautions.

How a Lawyer Helps After a Fall on a Construction Site

Bringing in a construction accident attorney shifts the burden from your shoulders and places a dedicated advocate in your corner. Knowing when to hire a lawyer can make all the difference: early involvement helps preserve evidence, protect your rights, and strengthen your position, giving you the best opportunity to achieve a favorable outcome.

Here is how a Corpus Christi construction accident lawyer helps you:

• Investigating the Incident: A lawyer will conduct an independent investigation to determine exactly how your fall happened and who was responsible, gathering evidence like witness statements, safety records, and expert opinions.
• Managing Communications: Your attorney handles all communication with insurance companies, employers, and other attorneys, protecting you from saying something that might harm your claim.
• Calculating Your Damages: They work with medical and financial experts to calculate the full value of your claim, including future medical costs and lost earning potential, ensuring no losses are overlooked.
• Negotiating a Settlement: An experienced construction accident lawyer negotiates forcefully with the insurance company to secure a fair settlement that fully compensates you for your injuries.
• Filing a Lawsuit: If the responsible parties refuse to offer a fair settlement, your attorney can file a lawsuit and represent you in court, fighting for a positive result.

FAQ for What Happens After a Fall on a Construction Site?