Houston Construction Accident Lawyer

Workers’ Rights in Texas After an Injury on a Construction Site

Houston is a beautiful and dynamic city that is constantly growing. If you look closely, you will see new office buildings, neighborhoods, and shopping malls. This is all thanks to the hardworking construction workers in Houston.

People want to know their rights after an injury at a construction site. The answer depends on who caused the injury and if workers’ compensation benefits are available to the victim. It is crucial to promptly report an on-the-job injury to your employer and follow the necessary procedures to ensure you receive workers’ compensation benefits.

Understanding these laws is essential for injured construction workers seeking compensation and employers aiming to maintain a safe work environment.

Understanding the Differences Between Workers’ Compensation and Third-Party Claims in Construction Accidents

Construction sites are inherently dangerous environments where injuries can occur despite safety precautions. Construction injuries can be mild or severe. They can happen in different situations and with various tools. These injuries are covered by the Texas Workers Compensation Act. You may be entitled to compensation if you’ve been injured on the job. Understanding the types of compensation available is important. This includes workers’ compensation and third-party claims. Knowing this can help you get the most recovery.

What is Workers’ Compensation?

Workers’ compensation in Texas is a no-fault insurance system designed to provide benefits to employees injured or ill due to their work conditions. This system ensures that injured workers receive medical care and wage replacement benefits quickly, without the need to prove employer negligence. Here are the primary benefits workers’ compensation provides:

Medical Coverage– Workers’ compensation covers all necessary medical expenses related to the injury or illness. This can include surgeries, hospital stays, doctor visits, prescription medications, physical therapy, and more.

Lost Wages- While workers’ compensation does not replace your entire salary, it provides a portion of your wages, typically around 60-70%, during the period of disability.

Temporary or Permanent Disability– If your injury leaves you unable to work temporarily or permanently, workers’ comp offers disability payments. These can be temporary total disability (TTD) or permanent partial disability (PPD), depending on the severity of your condition.

Death Benefits- Death benefits are paid to some specified family members. Such benefits are 75% of the deceased employee’s average weekly wage and can include burial expenses.

Advantages of Workers’ Compensation

One of the key benefits of workers’ compensation is the no-fault nature of the system. As an injured worker, you do not need to prove that your employer was negligent. Simply proving that the injury happened during your employment is enough to qualify for benefits.

In exchange for the quick and straightforward compensation process, you give up your right to sue your employer for additional damages like pain and suffering.

What is a Third-Party Claim?

While workers’ compensation protects both employees and employers, it does not cover situations where another party—outside of your employer—was responsible for your construction injury. This is where a construction accident claim, specifically a third-party claim comes in. A third-party claim allows you to file a lawsuit or insurance claim against a party other than your employer who may have been negligent in causing or contributing to the accident. In addition to workers’ compensation, you may also pursue a personal injury lawsuit against the responsible third party to recover additional damages.

In construction accidents, third parties that could be liable include:

• Equipment Manufacturers– If faulty equipment or machinery caused your injury, the manufacturer could be liable for producing a dangerous or defective product.
• Contractors and Subcontractors– Construction sites often involve multiple contractors and subcontractors. If another contractor or their workers’ negligence caused your injury, they could be sued under a third-party claim.
• Property Owners- The owner of the construction site property may be liable if unsafe conditions on their land contribute to your injury.

Key Differences Between Workers’ Compensation and Third-Party Claims

Fault Requirement– Unlike workers’ compensation claims, where no fault needs to be proven, a third-party claim requires you to prove that the third party acted negligently. This can include failing to follow safety regulations, using defective equipment, or maintaining a safe work environment.

Compensation Available– Workers’ compensation benefits are limited to medical expenses and a portion of lost wages. In contrast, a successful third-party claim allows you to recover full lost wages, future earning capacity, and non-economic damages like pain and suffering.

Legal Process-  Filing a third-party claim is more complex and often requires the expertise of an experienced construction accident attorney. While workers’ compensation claims are processed through an administrative system, third-party claims may involve filing a lawsuit, presenting evidence of negligence, and possibly going to trial.

Can You File Both a Workers’ Compensation Claim and a Third-Party Claim?

Yes, in many construction accident cases, workers have the right to pursue both a workers’ compensation claim and a third-party claim simultaneously. This strategy is often the most beneficial, as it allows injured workers to secure benefits quickly through workers’ comp while seeking additional compensation from liable third parties.

Subrogation: What You Need to Know

It’s important to know that if you get paid from both sources, your employer’s workers’ compensation insurance may want to be paid back. This process is called “subrogation.” Essentially, the insurer can claim a portion of your third-party settlement to recover the costs it already covered in workers’ compensation benefits. This ensures that you are not compensated twice for the same damages.

Subrogation might lower your third-party award. However, pursuing both claims can help you get compensation for damages that workers’ comp does not cover. This includes pain and suffering or punitive damages.

Types of Construction Accidents and Injuries

Common Causes of Construction Accidents

Construction accidents can cause many injuries. These can range from small cuts and bruises to serious brain injuries and even death. Some of the most common types of construction accidents include:

• Falls from heights: Falls from ladders, scaffolding, and roofs are a leading cause of construction accidents. These incidents can result in serious injuries such as broken bones, spinal cord injuries, and even death.
• Equipment malfunctions: Defective or poorly maintained equipment can cause serious injuries, including amputations and crushing injuries. Regular maintenance and proper training are essential to prevent these accidents.
• Electrocution: Contact with live electrical sources can cause severe electrical shock, burns, and even death. Proper safety protocols and equipment can help mitigate these risks.
• Caught-in/between incidents: Construction workers can become trapped or crushed by heavy equipment, machinery, or falling objects. These incidents often result in severe injuries or fatalities.
• Struck-by accidents: Construction workers can be struck by falling objects, such as tools, materials, or debris. These accidents can cause head injuries, fractures, and other serious injuries.

Maximizing Your Compensation After a Construction Accident

To ensure you receive the full compensation you’re entitled to after a construction accident, consulting with experienced Houston construction accident attorneys who can evaluate your case is critical. Filing a comprehensive construction accident claim is crucial for getting full compensation. Our knowledgeable construction accident lawyer can help you with the following:

• Determine Liability

Identifying all responsible parties and the best action to hold them liable is key to maximizing your claim.

• Navigate Complex Claims

Filing workers’ comp and third-party claims need a good understanding of legal processes. You must coordinate carefully to protect both claims.

• Maximize Recovery

A lawyer can help you get all the compensation you deserve. This includes money for pain and suffering, lost future wages, and medical bills.

Specific Situations for Injures at a Construction Site

Here are some specific situations for accidents at a construction site in Texas:

When You’re Employer Has Workers Compensation Insurance

If your employer has workers’ compensation insurance, you might qualify for benefits if you get hurt at work. Workers’ compensation benefits can include:

• Medical Expenses: Workers’ compensation can cover medical expenses related to your injury, including doctor visits, hospital stays, and rehabilitation. This ensures that you receive the necessary medical care without financial burden.
• Lost Wages: Workers’ compensation can partially replace lost wages while you cannot work due to your injury. Typically, this covers around 60-70% of your regular income.
• Rehabilitation Benefits: Workers’ compensation can provide rehabilitation benefits to help you recover from your injury and return to work. This includes physical therapy and vocational training.

You must report your injury to your employer and seek medical attention immediately. You should also consult with an experienced Houston construction accident attorney to ensure that your rights are protected and that you receive the benefits you are entitled to. An attorney can guide you through the claims process and help you navigate any legal complexities.

There is No Workers’ Comp Coverage

If you are injured on the job and your employer does not have workers’ compensation coverage, by proving any negligence on the part of your employer, you can sue the employer as a “non-subscriber.” Contributory negligence by the employee is not a defense for a non-subscriber case against the employer.

A Third Party is At Fault

Where another contractor or another contractor’s employee or other party was at fault for causing an accident, you may sue that contractor for negligence. This is called a third-party action. Third parties can be:

• Other contractors or their employees
• Equipment manufacturers
• Landowners and others

Houston construction accident lawyers know the importance of having experienced legal representation to win these complex thrid-party cases.

You may also collect workers’ compensation benefits and pursue a third-party case. However, workers’ compensation has a statutory right to be paid back or the benefits they paid out if you recover money from a third party. Construction injuries resulting from third-party negligence can include severe physical harm and significant financial losses.

Construction accident attorneys routinely negotiate with the workers’ compensation insurance company to reduce payback and maximize client compensation.

When There is Workers’ Comp, but the Accident is Fatal

In Texas, worker’s compensation does not bar a lawsuit against the employer if the employer was grossly negligent in causing the death and responsible for punitive damages. The burden of proof is very high for punitive damages cases. Most wrongful death cases do not rise to the level of recklessness required for an exemplary damage finding. At Baumgartner Law Firm we have won many construction site accident cases involving punitive damage claims.

How To Prove Negligence in a Construction Accident Case?

To prove negligence in Texas, you must establish four key elements: duty, breach, causation, and damages. First, show that the defendant owed you a duty of care. Then, demonstrate that they breached this duty by acting unreasonably or failing to act. Next, prove that this breach directly caused your injury. Finally, provide evidence that you suffered actual damages, such as medical expenses or lost wages, because of the defendant’s actions. Each element must be supported with clear evidence to succeed in a negligence claim.

Proving Control in Construction Site Accident Lawsuits is Vital to Success in a Third-Party Case

With construction site accidents, the first elements of negligence can often be proven by showing a violation of the OSHA safety regulations. The OSHA regulations can create a duty to act. In personal injury or wrongful death lawsuits from a construction accident, the duty can be shown by the exercise of control over the job site. Control can be proven by actual control over the details or responsibility for safety created by the contract.

In Texas construction cases, the “right of control” issue often determines whether a general contractor may be held liable for injuries caused by an independent contractor. Generally, a contractor is not responsible for the safety of independent contractors unless they retain or exercise control over the methods, means, or details of the work. For instance, in JLB Builders, LLC v. Hernandez, the Texas Supreme Court ruled that the general contractor did not owe a duty of care because they did not control how the subcontractor performed the work that led to the injury, nor did their safety requirements increase the risk of harm.

Why Expertise in Construction Accident Lawsuits in Necessary

You must retain an experienced construction accident lawyer for your case. That attorney should be a trial lawyer with extensive experience in construction accidents and OSHA regulations.

Violation of OSHA regulations can be found in most serious construction accidents in the greater Houston area. Yet, proving who had control over the safety responsibility at the site requires top-legal help. That is where we come in.

The Houston personal injury lawyers at Baumgartner Law Firm have been helping injured workers or families who have lost a loved one for over thirty-five years. Put our construction site accident expertise to work on your case!

Don’t Settle for Less in Your Construction Accident Case – Get the Best!

Regarding construction accident injuries, settling for workers’ compensation may not cover all your losses. By understanding the differences between workers’ compensation and third-party claims, you can take the steps necessary to protect your financial future.

Contact us today if you or a loved one has been injured in a construction accident. We can evaluate your case, identify potential third-party claims, and help you secure the compensation you deserve.