If you are injured in a Texas construction accident, you might wonder what types of construction accident compensation are available to you.
Much of this determination will depend on whether your employer subscribes to workers’ compensation insurance and your status as an employee or independent contractor.
In this article, the construction accident lawyers at the Zimmerman Law Firm go over the ins and outs of the types of compensation you may be entitled to after your accident.
If you have additional questions, please contact us today.
Are You an Employee Injured in a Texas Construction Accident?
If you are an employee and your employer offers workers’ compensation, this is your sole source of construction accident compensation. Workers’ compensation can cover:
- your medical expenses,
- lost wages, and
- and death benefits for a family member killed in a Texas construction accident.
If your employer offers workers’ compensation, you may not sue your employer for negligence. In this case, you will want to focus on properly filing your workers’ compensation claim.
The Texas Department of Insurance oversees the administration of workers’ compensation in Texas, and time is of the essence. The law gives you 30 days from the day of the accident to report the injury to your employer.
This report must be in writing and filed on the proper form. The form to submit a workers’ compensation claim and receive construction accident compensation in Texas is called a DWC Form-041.
Texas construction accidents most commonly result in injuries traceable to the accident.
However, keep in mind that workers’ compensation also includes occupational diseases, such as illnesses or injuries to your body that develop over time, often from repetitive activities.
Both types of injuries must be timely reported on the DWC Form-041.
Non Subscriber Employers
Some Texas companies do not offer traditional worker’s compensation. These employers are known as non-subscribers.
However, many construction companies subscribe to workers’ comp because they are required to do so if they are involved in government contracts.
If you are injured on the job with a non-subscriber employer, you are likely able to file a lawsuit to recover damages for your work injury.
Non-subscriber employers often have other compensation programs for injured workers. The Texas Department of Insurance has a list of subscriber companies on its website.
If your employer is a non-subscriber and you get injured at work, it’s definitely wise to speak with an experienced construction accident attorney to explore your options.
Are You an Independent Contractor Injured in a Texas Construction Accident?
If you are an independent contractor, you are typically not eligible for workers’ compensation, but that may depend on the type of work you do and how much control your employer has over you.
If you are a contractor, you may be able to sue your employer for negligence to obtain a construction accident compensation.
If your family member has been killed in a Texas construction accident, you may be able to recover from your loved one’s employer for wrongful death.
Either a Texas construction accident negligence case or a wrongful death case means going to court.
You will want to choose an experienced and knowledgeable personal injury attorney to spearhead the trial process for you.
Looking Beyond Your Employer in a Texas Construction Accident
Keep in mind that your employer or boss may not be the only party responsible for your injury from a Texas construction accident.
Depending on the particulars of your work site, you may be able to recover from multiple parties.
This is known as a third-party claim, meaning that you pursue compensation from a party other than your employer (for example, a company that supplies a defective product to your employer) whose negligence caused your injury.
Construction projects are complex. They often involve multiple contractors, property owners, and varied stakeholders with an interest in the development.
Any one of these actors can create risk on a construction site. If an actor’s risk-creating activity contributed to your injury, you might be able to recover from them for negligence, in addition to recovering through workers’ compensation.
Is It Time to Call an Experienced Texas Construction Accident Attorney?
There can be multiple layers of liability in a Texas construction accident. If you are injured in a Texas construction accident, you will want to seek construction accident compensation from all responsible parties. In a workers’ compensation claim, you must also be mindful of deadlines.
Whether you are an injured employee or contractor, working with an experienced, results-driven Texas construction accident attorney with a strong track record can help you recover.
The skilled and caring attorneys at The Zimmerman Law Firm can bring the field experience and the legal know-how to pursue your Texas construction accident compensation. Contact us online today for a free consultation.
Michael Zimmerman
Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.
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