Can I Sue My Employer for a Construction Accident Injury?
It depends. If your employer has workers’ compensation coverage, Texas law protects them from being sued by their employees for work-related injuries or illnesses. So, if your employer has this coverage, your primary source of recovery will be your workers’ compensation benefits, not a lawsuit.
However, there are exceptions to this rule. In cases where an employee’s death results from an employer’s negligence, the deceased worker’s family could have the right to sue the employer, even if they carry workers’ compensation insurance. Also, if your employer does not have workers’ compensation insurance, they are considered a “non-subscriber,” meaning you could sue them if they contributed to your construction accident injury.
This is a complex area of law, and suing an employer could have significant repercussions. Because of this, consulting an experienced work injury attorney who can guide you through the process is essential if you’re considering this type of lawsuit.
What Worker’s Compensation Benefits Can I Pursue for Injuries from a Construction Accident?
If you get hurt in a construction accident, it’s natural to wonder what types and amounts of compensation you could recover for your injuries. In Texas, there are two primary avenues for seeking compensation after a work injury: workers’ compensation claims and third-party work injury claims.
Workers’ compensation is a state-regulated insurance program that provides benefits to eligible employees who suffer qualifying work-related injuries or illnesses. In Texas, eligible workers are entitled to the following types of workers’ comp benefits:
- Medical benefits that cover all necessary medical treatment related to a work injury
- Income benefits that replace a portion of lost income from temporary or permanent disabilities
- Burial benefits that cover reasonable funeral and burial expenses for fatally injured workers
- Death benefits that provide compensation to dependents of workers who die on the job
What Personal Injury Compensation Can I Pursue?
Keep in mind that Texas does not require all employers to have workers’ comp coverage. In addition, even if you are entitled to workers’ comp benefits, they might not cover 100 percent of your losses.
In some cases, you could be able to file a third-party work injury claim instead of or in addition to a workers’ comp claim. A third-party claim might be appropriate if a party other than your employer caused or contributed to your injury.
You could get compensation for the following types of personal and financial losses with the help of a team of accident lawyers:
- Past and future medical expenses
- Lost income from missed work
- Diminished earning capacity
- Pain and suffering
- Loss of companionship
Remember, each case is unique. If you got hurt at work, you should consult a Houston construction accident law firm to learn more about your rights and the types of compensation you could recover.
How Long Do I Have to File a Construction Accident Lawsuit in Texas?
Texas law imposes a two-year filing limit for a personal injury lawsuit such as a construction accident. This means you have two years from the date of most construction accident injuries to sue a liable party in civil court.
Workers’ compensation claims are also subject to strict deadlines, as are most other types of work injury insurance claims. Specifically, Texas law says you must report your injury to your employer within 30 days of the date you were hurt or the date when you knew your injury or illness was work-related. You’ll also need to send a completed claim form to the Division of Workers’ Compensation (DWC) within one year of your injury date to protect your right to benefits.
Keep in mind that these deadlines can vary based on the specific circumstances of your case, and missing even one could jeopardize your right to recover compensation. That’s why you should consult a trusted construction injury law firm as soon as possible after a work injury.
How a Construction Accident Attorney in Houston Can Help with Your Case
Legal proceedings can be overwhelming for anyone, especially in the midst of physical and emotional recovery from severe injuries. An experienced construction injury lawyer in Houston can shoulder the legal burden and fight tirelessly for the money you are owed by:
- Evaluating the strength and potential value of your construction accident claim
- Identifying liable parties and all possible sources of recovery
- Gathering crucial evidence related to your case
- Interviewing eyewitnesses for supporting statements
- Working with experts like accident reconstruction specialists
- Handling paperwork, meeting filing deadlines, and complying with legal protocols
- Communicating and negotiating with insurance companies on your behalf
- Representing you in court and presenting a compelling case on your behalf
- Evaluating proposed settlement offers for fairness given your current and future needs
- Exploring the possibility of an appeal if the outcome of the case is not in your favor