Texas Worksite Accident Leads to One Fatality, Leaves Another in Critical Condition
A 23-year-old El Campo man passed away in early April after being injured in a construction site accident. Another man was left in critical condition. The accident was the result of a front-end loader moving heavy equipment around the worksite. The driver of the front-end loader and the individual directing him did not see either victim before setting down a set of wheels and a large tire, which crushed them. Both were flown by helicopter to a Houston hospital.
Unfortunately, accidents like this are all too common. Construction sites have a great deal of large vehicles and heavy equipment, which if not operated, maintained, and stored properly can lead to injuries and deaths. Construction vehicles and machinery are particularly risky as they often have blind spots, limited visibility, and limited maneuverability. Drivers and those helping direct them need to remain vigilant and cautious at all times.
If you were injured or lost a loved one in a similar construction accident, do not hesitate to reach out to a skilled New Braunfels construction accident attorney. An attorney can review your situation and confirm whether you may recover through workers’ compensation insurance or whether you need to file a claim against the responsible party for compensation.
Workers and Their Families Should Review Their Rights to Compensation
Whenever an individual is hurt or killed at work, they and their families should look into their legal rights to compensation. Currently, the circumstances of the accident are being investigated, and the results of the investigation may inform the victims’ families of whether they have the right to file complaints seeking compensation and against whom.
According to the reports, the injured worker was a contract worker, which means he may not be eligible for workers’ compensation insurance benefits. He may have to file a personal injury insurance claim or lawsuit against the responsible party to recover compensation. Most likely this would mean filing a claim against the employer of the negligent employees. During a personal injury claim, he can seek:
- Medical costs;
- Loss of earning potential;
- Physical limitations;
- Disfigurement;
- Physical pain; and
- Mental anguish.
It has been reported that the victim who was killed was an employee of the company, which means his family is more likely to be eligible for workers’ compensation death benefits. These can include reimbursement for a portion of the burial expenses and monthly payments up to 75 percent of his average weekly wages for the remained of the spouse’s life or until she remarries. If he left behind minor children, then they may also be eligible to receive benefits.
Do You Need Legal Advice?
If you were hurt in a construction accident while working and you are not sure how you are going to be able to afford all of your medical bills on top of your everyday expenses while being out of work, contact the passionate New Braunfels personal injury attorneys at The Bettersworth Law Firm right away. If you were an employee on the worksite, we can guide you through seeking benefits under workers’ compensation. However, if you were an independent contractor or bystander, we will help you seek compensation through a personal injury claim.
Source:
http://www.tdi.texas.gov/wc/employee/deathben.html
