Ask a Construction Accident Lawyer: How Do You Prove Employer Negligence in a Case?

October 21, 2022

Employers have to provide a safe environment for all their workers. This includes training employees thoroughly, only assigning tasks the workers are qualified for, supervising, and providing safety equipment. In Houston, TX, you can ask for compensation if your employer acted negligently and you got injured as a result. A good construction accident lawyer can help you prove negligence and get the money you need to pay for your medical expenses.

Ask a Houston, TX Construction Accident Lawyer: How Do You Prove Employer Negligence in a Case?

In 2019, almost 1,000 construction workers died due to an accident on the job, and many more were injured. While some of these incidents were coincidental, many others could have been prevented by a responsible employer. If you've been injured while working and you believe that your employer could have prevented the incident, you can file a lawsuit and request compensation.

Because accidents can happen for various reasons, proving negligence is often tough. You'll first have to demonstrate that your employer had a duty of care, and then you'll need to find evidence that they neglected this duty. The best way to achieve the desired result is to work with an experienced workplace accident lawyer who has worked on similar cases before.

Proving the Duty of Care

Usually, proving the duty of care is easy because it is implied as soon as you start working for someone. Each employer has to make sure that their staff's working conditions are safe and that nobody is being put at risk. This duty is comprehensive, and it might include providing safety training, providing the right kind of equipment, supervising you, and only assigning you tasks that you are qualified for.

Proving the Breach of the Duty of Care

One of the reasons why not everyone gets an adequate level of compensation is that proving a breach of the duty of care is very challenging. Employers might argue that you made a mistake that led to your accident or that what happened was unavoidable. To prove that you were the victim of a negligent employer, your lawyer will find expert witnesses who can confirm that your boss should have known about the safety issues that led to your injuries.

What Other Evidence Do You Need?

You're not automatically entitled to compensation if you show that your employer acted in a negligent way. Instead, you'll also need to prove that you sustained serious injuries in the accident and that you are suffering as a result.

Often, it's easy to prove that you are injured, but linking your medical problems to the accident can be more challenging. If you want to receive the full compensation you're owed, you'll need to work with a highly trained attorney, who can help you find evidence for the tangible and intangible costs of the accident.

Proof of Your Injuries

Demonstrating that you are injured might not be very difficult, especially if you've received medical care. The most common construction accident involves slipping, falling, or tripping. Often, these incidents result in broken bones, open wounds, concussions, and other injuries that can be diagnosed in a hospital. Together with your Houston construction accident lawyer, you can gather evidence such as your hospital bills, your medical records, and doctor statements.

If some of your injuries are less evident, for instance, if they are internal, related to cognition, or related to mental health, you might need the assistance of expert witnesses from the medical field. This could also be necessary if you already had previous injuries or conditions since your employer could argue that your medical issues are unrelated to your accident.

Proof of the Need for Compensation

An average work injury costs $1,100, but the figure is only this low because some accidents don't result in significant damage. The average compensation for medically consulted injuries is $44,000, and if the worker passed away, the family might receive over $1 million in damages. To get the right level of compensation, you have to prove that you are suffering as a result of the incident.

This means that you need tangible evidence, such as bills, which show your current costs, as well as evidence that you will have to spend money in the future, for example, statements by your doctors predicting your long-term care needs. You can also claim compensation for your pain and suffering, so keeping a record of how you feel each day and what activities you are no longer able to take part in is a good idea.

In Houston, TX, proving employer negligence in a construction accident case is sometimes challenging because incidents can be the result of unforeseen circumstances. If you want to make sure you get compensated for your losses, speak to a construction accident attorney.



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