Injuries from construction accidents are unfortunately very common and can range in severity from minor wounds to life-threatening conditions. Because of this, construction workers need to know who can they sue in the event that they suffer a work related injury. Besides initiating a workers’ compensation claim, you may be able to file a lawsuit for negligence or product liability.
Heavy machinery, working at heights on scaffolding or below ground in trenches, using potentially dangerous tools and equipment make construction jobs very dangerous. Even though you are surrounded by all of these threats, you still have the right to expect that your work environment to be reasonably safe and that you’ll be protected from unnecessary risks and injuries.
Ways to Claim Damages in a Workplace Accident
If you are a construction worker and suffered a work-related injury in Texas, following are the options available to you when it comes to making a claim:
Workers’ Compensation Insurance Coverage
An employer who wishes to participate in workers’ compensation in Texas will purchase workers’ compensation insurance to cover employees. In the event that an employee suffers any illness, injury or death while on-the-job, then this insurance will provide benefits to the worker or his family. Workers’ compensation benefits include medical coverage, lost wages, disability income, death and burial benefits. Also you must report your employer within 30 days and Division of Workers’ Compensation within 1 year if you have a work related injury or illness. Failing to report incident to the above authorities within time might affect your benefits adversely.
The employer cannot be sued and workers’ compensation benefits are the sole source of compensation for an injured employee in this case. You need to ensure you get the full benefits that you deserve and that your employer or carrier does not try to deny a legitimate claim or otherwise unfairly restrict your access to workers’ compensation.
Employer has Opted for “Non-Subscriber” Status
Texas law does not require private businesses to provide workers’ compensation insurance coverage to their workers. If they’ve declined the insurance, or you’ve rejected coverage inclusion, you hold your entitlement to sue employer for a much wider range of damages, but you’ll be required to show fault on their part.
Third Party Lawsuits (other than non-subscriber employer)
If the construction worker’s injuries occurred as the result of a third party’s negligence, the worker may be able to file a personal injury lawsuit against the third party. The third party can be a sub-contractor, or a property owner, or a product manufacturer.
If you’ve been seriously injured in a construction accident and are considering filing a third-party claim or if you’re wondering whether you’ve got such a claim, our experienced personal injury attorneys at Patrick Daniel Law can help you. We have a long and successful track record of helping injured workers secure maximum compensation for their losses. Contact us or call us to schedule a free consultation at (713) 999-6666.