While accidents can occur in any industry, the construction industry is by far one of the most dangerous. With the use of heavy machinery and often working from higher heights, construction sites are inherently risky. Construction accidents often result in serious injuries or even death. But who is to blame? Who is found liable comes down to the specific facts of each case.
Who Can Be Held Liable?
Those who may be held responsible can vary. It’s important to note that liability often falls on more than one party. Employers are also commonly partially at fault since it’s on them to maintain a safe environment for their workers.
As mentioned, employers are often found at least partially to blame for construction accidents. Per the Occupational Safety and Health Administration (OSHA), construction companies are required to have their equipment regularly inspected, to supply employees with the proper safety gear, and to provide them with the proper safety instructions. If an employer fails to meet these requirements, it can be held liable for any injuries resulting from a construction site accident.
If a worker acts recklessly or negligently and injures someone else (whether a co-worker or pedestrian), they can be held liable.
A manufacturer may be held liable if their equipment or machinery is defective and causes an accident.
Modified Comparative Negligence
Texas follows a modified comparative fault doctrine, which means that if you are less than 50% responsible for your own accident, you can recover damages after subtracting your percentage of fault. So, for instance, if you are found to be 40% liable and are awarded $100,000, you would receive $60,000. However, if you are found to be more than 50% responsible for the accident, you are banned from recovering damages. In the previous example, if you are found to be 60% responsible for the accident and have suffered $100,000 in damages, you would still receive nothing.
Workers’ Compensation
Workers’ compensation is not mandatory in Texas, so the employer is not required to have coverage, and the employee is not required to be covered. If your employer has workers’ compensation and you don’t opt out, you will likely have to file a Workers’ Compensation claim. If you are not covered by workers’ compensation insurance, you can likely sue your employer for damages. Additionally, you may be able to sue for products liability against a manufacturer for fault product.
The Attorneys at Ceja Law Firm Help Those in Houston Who Have Been Injured in an Accident
If you or a loved one has been injured in an accident due to the recklessness or negligence of another, it’s vital that you understand to what you are entitled under the law. With this information under your belt, you can make the important decisions regarding how you want to move forward. That’s why it’s in your best interest to consult with a knowledgeable and experienced Texas personal injury attorney.
At Ceja Law Firm PLLC, we understand the impact that an accident can have on many parts of your life and the importance of properly dealing with such negligence or recklessness. That’s why we will work to get you the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!
