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Texas worker files suit against construction site

Recently, it was reported that a southeast Texas man, who was working in construction for a drywall company, has filed suit against the owner and contractor of the property where he was injured while working on Sept. 27 of 2010.

According to the court papers, the man claimed he fell into an unguarded and unprotected opening down to a lower level while performing a quality check on the home construction site. The fall was about 14 feet and left the man with severe injuries, which required surgery.

He said the owner should have been aware of the condition of the site, which was risky and had the potential to cause harm to workers. A warning should have been issued to help prevent accidents and provide a safe workplace, which is the defendant's duty, the plaintiff added.

The court papers were filed Nov. 3 in Galveston County District Court and the man said he is seeking undetermined monetary damages. The county 212th district court judge will preside over the case.

Unfortunately, accidents like this are quite common in Texas, especially in the construction industry. All too often, property owners fail to take the proper measures to keep workers safe, and accidents occur.

In situations like this, an injured worker has a few options. He can eight file for workers' compensation benefits, or bring a personal injury lawsuit against his employer if the employer's negligence led to the accident.

While a worker cannot both file for workers' compensation and sue his employer, he can file for workers' compensation and sue a third party whose negligence was responsible for the accident.

Source: The Southeast Texas Record, "Man claims injuries at home construction site," John Suayan, Nov. 15, 2011.

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