ByYes! In Texas, you have the right to sue for injuries sustained in a construction accident even if you were wearing safety gear. Wearing safety gear, such as a hard hat, safety goggles, gloves, or a harness, is important for helping to prevent injuries on construction sites and may be a factor in your case, but it does not prevent you from seeking compensation for your injuries if negligence contributed to the accident.
In fact, your wearing of safety gear is likely to strengthen your case, as is will make it easier to prove that you were doing everything you could to remain safe. Additionally, an employer’s responsibility for keeping their employees and sub-contractors safe does not begin and end with enforcing the wearing of safety gear.
How Does the Law Work?
Workers’ Compensation
Texas has a workers’ compensation system that provides benefits to employees who are injured on the job, regardless of fault. If your employer carries workers’ compensation insurance, you may be eligible for benefits such as medical treatment, disability payments, and vocational rehabilitation. In most cases, if you accept workers’ compensation benefits, you forfeit your right to sue your employer for additional damages.
Third-Party Liability
If your injuries were caused by someone other than your employer or a coworker—for example, a subcontractor, property owner, equipment manufacturer, or other third party—you may be able to file a personal injury lawsuit against that party. This could include situations where your safety equipment was faulty or where another party’s negligence contributed to the accident despite your use of safety gear.
Negligence
To succeed in a personal injury lawsuit for a construction accident in Texas, you typically need to demonstrate that another party was negligent and that their negligence caused your injuries. This might involve showing that the party failed to maintain a safe work environment, violated safety regulations, or acted recklessly or carelessly in a way that led to the accident.
Comparative Negligence
Texas follows a modified comparative negligence rule, which means that your compensation may be reduced if you are found partially at fault for the accident. However, as long as you were less than 51% responsible for the accident, you can still recover damages, though they will be reduced in proportion to your degree of fault. This is one of the reasons why you should always wear your safety gear, as it reduces the extent to which you can be considered at fault for your injury.
The Benefits of Consulting a Construction Accident Attorney in Houston, TX
An experienced personal injury attorney will be able to let you whether or not you have grounds to file a case, and will also have the experience in the field to advise you on the best way to go forward with your case. Whether this involves negotiating with your employer and settling out of court, or advocating for you in front of a judge, they will be able to maximize your compensation. Click here to find out more.
Even in a potentially hazardous industry like construction, you deserve to be safe at work. If you’ve been injured in an accident that was not your fault, whether that was caused by the negligence of an employer, coworker, or another contractor on site, you have recourse to the law for compensation.
