Construction site accidents are a significant work-related risk for anyone employed in the construction industry.
According to the Bureau of Labor Statistics, construction workers in Texas sustain thousands of construction site injuries each year, with approximately 127 of those injuries being fatal.
Though workers injured in a construction accident do have recourse in Texas, the legal path can sometimes be complicated.
A personal injury lawyer experienced in navigating these types of accidents can provide essential guidance for anyone injured on a construction site.
Three Compensation Options for Construction Site Injuries in Texas
When someone sustains a construction site injury in Texas, they have three options to file claims and seek compensation:
- Workers Compensation Claim - An injury claim filed through an employer’s workers' compensation insurance.
- Non-Subscriber Claim - A construction accident injury lawsuit filed directly against an employer who does not have workers' compensation insurance.
- Third-Party Injury Claim - An injury claim filed against a third involved party such as an equipment manufacturer, contractor, vendor, or other party, when there is no workers' compensation available or injuries exceed what workers’ compensation will pay for.
Texas Workers Compensation and Construction Accidents
When seeking compensation for injuries sustained in a construction site accident, these are some important points to be aware of about workers’ compensation in Texas:
- Workers' compensation insurance is not mandatory for Texas businesses and though most companies have it, as many as one-third of Texas construction businesses do not.
- Workers’ compensation is “no-fault” insurance, meaning there is no requirement to prove any fault or negligence against the employer. Employees with construction site injuries need only to notify their employer in writing within 30 days of their injury to begin seeking benefits as permitted by the program.
- Employees injured in construction site accidents can sue their employer or a third party if no workers’ compensation is available; however, in these cases, negligence must be proven.
- Workers’ compensation benefits are limited to medical expenses and partial wage replacement, so those seeking additional compensation will need to prove their case of long-term impairment, pain and suffering, or other damages.
Construction Site Accident Claims Can Be Complicated
Noting the above, it is clear that dealing with construction accidents in Texas can be complex, whether or not an employer has workers' compensation insurance for their employees.
Depending on the type of injury, the circumstance in which it happened, and who is ultimately responsible, the recommended path to obtain compensation may be different.
As such, it is highly recommended that those with construction site injuries seek the assistance of a personal injury lawyer experienced in these cases to fully assess the situation and recommend their best course of action for compensation.
Seek A Skilled Construction Accident Lawyer When Injuries Happen
When construction accidents go beyond what workers’ compensation will pay for or involve an employer who does not provide this important protection, injured parties in Texas should contact a personal injury lawyer that can help.
A lawyer experienced in construction site accidents, workers’ compensation, and third-party claims is a valuable asset for gaining the compensation that an injured construction worker is entitled to.
Hildebrand & Wilson, LLP
7930 Broadway, Suite 122
Pearland TX 77581