Understanding Construction Accident Settlements

Construction Accident Settlements

Construction sites are among the most dangerous workplaces in the U.S. From falls and machinery accidents to falling objects and structural collapses, the risks are high—and so are the consequences for workers and their families when something goes wrong.

If you’ve been injured on a construction site, it’s important to understand your legal options. A construction accident settlement may provide the financial relief you need to cover medical expenses, lost wages, and more. This guide breaks down the key concepts of construction accident settlements—what they are, how they work, and what to expect.

Common Causes of Construction Accidents

Understanding what caused your accident is the first step in determining liability and the value of your claim. Some of the most common causes include:

• Falls from heights (scaffolding, ladders, roofs)

• Falling objects such as tools or materials

• Heavy machinery and equipment accidents

• Electrocution and power line contact

• Exposure to toxic substances (asbestos, chemicals)

• Trench collapses or building structural failures

• Inadequate safety training or OSHA violations

These incidents can result in catastrophic injuries, including traumatic brain injuries, spinal cord damage, crushed limbs, fractures, or even death.

Who May Be Liable in a Construction Accident?

One of the most complex aspects of construction injury claims is identifying who is legally responsible. Liability may extend beyond just the employer.

Potentially Liable Parties Include:

• Employers (covered primarily under workers’ comp laws)

• General contractors and subcontractors

• Property owners or developers

• Architects or engineers who designed unsafe structures

• Manufacturers of defective tools, machinery, or materials

If multiple parties share fault, you may be able to file a third-party personal injury claim in addition to collecting workers’ compensation benefits.

Workers’ Compensation vs. Personal Injury Claims

Most injured workers first seek workers’ compensation—a no-fault system that provides:

• Medical treatment

• Temporary or permanent disability benefits

• Partial wage replacement

However, workers’ comp has limitations:

• It does not cover pain and suffering

• It may not fully compensate for long-term lost earning capacity

• It bars you from suing your employer in most cases

When You Can File a Personal Injury Lawsuit:

• If a third party (not your employer) caused or contributed to your injury

• If you were injured due to gross negligence

• If a party intentionally caused harm

• If your employer is uninsured or underinsured

A personal injury claim may allow you to recover full damages, including pain and suffering and future lost income.

What Can You Recover in a Construction Accident Settlement?

A settlement aims to compensate you for both tangible and intangible losses. Your final amount will depend on the severity of your injuries and the specifics of your case.

Common Types of Recoverable Damages:

• Medical expenses: ER visits, surgery, rehab, prescriptions, and ongoing care

• Lost income: Wages lost during recovery, plus future earning limitations

• Pain and suffering: Physical pain and emotional trauma

• Disfigurement or disability: Permanent injuries that affect quality of life

• Emotional distress: Anxiety, PTSD, depression

• Punitive damages: In cases of egregious misconduct

A comprehensive settlement accounts for current and future losses, ensuring financial stability for the injured worker and their family.

How Are Construction Accident Settlements Calculated?

There’s no fixed formula for calculating a construction accident settlement. Instead, attorneys and insurance adjusters evaluate a range of factors:

Key Settlement Factors:

• Injury severity and how it affects daily life and work

• Total medical expenses, both current and anticipated

• Proof of negligence and degree of liability

• Lost earning capacity and ability to return to work

• Insurance policy limits

• Strength of evidence (photos, witness statements, expert opinions)

• Whether you settle or go to trial

Each case is unique. An experienced attorney will help you build a strong claim and negotiate a fair settlement.

Timeline of a Construction Accident Claim

While timelines vary, most construction accident claims follow these general steps:

1. Get Immediate Medical Care

   • Your health and documentation of injuries come first.

2. Report the Injury

   • Notify your employer and file a workers’ comp claim if applicable.

3. Hire an Attorney

   • Especially important if you’re considering a personal injury claim.

4. Investigation

   • Attorneys and insurers will gather evidence to determine fault.

5. Medical Evaluation

   • A complete diagnosis and long-term prognosis are critical to calculating damages.

6. Demand and Negotiation

   • A demand letter is sent to the at-fault party or insurer.

7. Settlement or Trial

   • Most claims settle before trial, but a lawsuit may be necessary if negotiations fail.

How Long Do You Have to File a Construction Accident Claim?

Timing is critical in legal claims. Failing to act within legal deadlines may forfeit your right to compensation.

Common Deadlines:

• Workers’ Comp Claims: Usually within 30 to 90 days of the accident

• Personal Injury Lawsuits: Varies by state (often 2 to 3 years from the date of injury)

• Wrongful Death Claims: Also subject to strict time limits

Some exceptions may apply for:

• Latent injuries (like hearing loss or exposure-related conditions)

• Minor plaintiffs

• Mental incapacity

Always consult a lawyer promptly after a construction accident.

Why You Need an Experienced Construction Accident Attorney

Construction accident claims are legally and technically complex. Multiple parties may be involved, and insurers will try to minimize payouts. Hiring a lawyer ensures you’re not outmatched.

A Skilled Attorney Can:

• Determine all liable parties

• Coordinate with medical experts and investigators

• Negotiate aggressively with insurance companies

• Maximize your settlement

• Take your case to trial if needed

Choosing a lawyer with specific experience in construction accident litigation makes a meaningful difference in the outcome of your claim.

Why Choose The Dashner Law Firm for Your Texas Construction Injury Case

Construction accidents can be devastating, both physically and financially. Understanding your rights and the settlement process is the first step toward securing the compensation you deserve. Whether you’re filing a workers’ compensation claim or pursuing a third-party lawsuit, the right legal strategy can help you rebuild your life.

Injured in a Texas construction accident? The Dashner Law Firm has the experience, resources, and proven results to fight for the compensation you deserve. We know the laws, understand the risks, and are committed to holding negligent parties accountable.

Contact us today for a free consultation—and let us help you move forward.