Texas Construction Accident Lawyer
Most construction employees understand that they face higher risks than other types of laborers. However, many of the accidents that occur on construction sites throughout Texas are the result of negligence on the part of the managing company, the supervisors, or the manufacturers of defective equipment. If you or someone you know has been seriously injured in an accident on a construction site because of negligence, you may be entitled to pursue a personal injury claim.
Filing a claim promptly is your best chance to recover the compensation you need to get better. Don’t wait too long or you could be denied the opportunity to file a claim at all. In addition to following the rules for Texas workers’ comp, your employer might also have their own rules within the office. One of the most common requires that you report an accident immediately. If you file an accident claim with your employer and they request that you attend a doctor’s appointment with an approved physician, please do this and take notes!
How Does a Construction Accident Claim Work?
Understanding your rights is important after you’ve been significantly injured in a construction site accident. There are numerous different stages to a construction site injury claim and understanding your rights and responsibilities will empower you to take further action to protect yourselves. Construction sites are some of the most dangerous places you can work in the United States.
Laws in Texas associated with construction site accidents are extremely complicated as a result of tort reform that has occurred recently. Tort reform in Texas means that there are two primary types of laws that protect workers’ rights when a construction accident happens. These include:
- Injuries on the job site that are covered by workers’ compensation.
- On the job injuries not protected by workers’ comp
Your rights in each individual case will depend on your employer’s status. The Texas Workers’ Compensation Act was passed in 1993 and protects companies by requiring them to buy workers’ compensation insurance. If the employer subscribes to workers’ compensation insurance, your wages and medical costs should be covered by that insurance company. Your employer may not subscribe to the workers’ compensation insurance coverage. There are rules that punish these companies by removing some of their legal defenses and the law has no cap on the amount of damages that you can recover.
While there are aggressive defense attorneys in Texas that frequently protect these non-subscribing companies, likewise, you need an experienced attorney who can work as hard as possible on your behalf to recover the benefits that you are entitled to if you have been injured. The first thing to do after being injured in a construction site accident is to report the injury to your employer via the appropriate channel.
A verbal communication does not cover your rights. Rather you need to provide notification in writing. The next stage of your claim involves getting medical attention and your employer reporting this injury to the insurance company. From there, the insurance company will pay or deny your claim. if you have been denied for construction accident injuries, you need to talk to a workers’ compensation lawyer in Texas to protect your interests.
Workers’ comp claims can be difficult if your injuries are severe and you’re having trouble even getting through the day. Figuring out what to do next is already a challenge for someone with serious injuries, but following the rules and making a timely claim are both critical for your ability to recover compensation. When you have someone in your corner like a Texas construction accident lawyer to help you figure out what to do when workers’ comp is not an option, you’ll be more informed about how to proceed so that you can worry about your medical appointments and doing what you can to get better. Your Texas construction accident lawyer can tell you more about what’s involved in filing a legal claim.
Do I Need a Texas Construction Accident Attorney?
Construction accidents can be extremely difficult to handle on your own. The insurance company may deny or delay your claim. Some of the most common reasons for a claim to be denied include:
- The insurance company thinks the accident wasn’t related to work.
- They have received insufficient information about the accident.
They will provide either an admission of liability or deny the claim outright, also known as a notice of contest, after you have reported the injury and filed a workers’ compensation claim. The defense attorney working for a non-subscribing company can also make things extremely difficult for you because he or she will likely have practice in this area for many years and you will find yourself at a disadvantage protecting yourself. Some defense attorneys in Texas have made careers out of defending non-subscribing companies and they will often try to discredit you to “prove that the accident was indeed your fault”. You will want to have an attorney right away to represent your interests in a Texas workers’ compensation case if your company does not subscribe to workers’ compensation. Your lawyer plays many different important roles in your legal case and you need someone who can help you.
Types of Construction Accident Injuries That Occur in Texas
Due to working from heights and the heavy machinery used on construction sites, there is a greater chance of severe injuries at a construction site than in other locations. Some of the most common injuries associated with construction site accidents, however, are completely preventable when appropriate safety gear and training are used. Some of these injuries include:
- Ankle and knee injuries
- Broken bones
- Eye injuries
- Back, shoulder or neck injury
Some of the most common injuries associated with construction accidents in Texas have to do with people falling from heights. The injuries sustained in a falling accident can vary significantly, which is why it is important that you get medical attention immediately if you have recently fallen on a construction site. Being evaluated by a medical professional shortly after the accident has happened may be the only way for you to identify the severity of your injuries and develop a treatment plan with the help of a doctor.
How Will a Texas Construction Accident Attorney Help Me?
A construction accident attorney serves many different roles in your case including representing your interests in a fight for damages. Your lawyer will better understand how your medical records in the conditions you have been diagnosed with affect your ability to recover compensation. In the event that you are entitled to Texas workers’ comp benefits, your attorney can help you recover:
- Medical care
- Lost wages
- Lost income from a loved one who passed away
- Funeral expenses if the injured worker dies
Your lawyer can also help to work with the insurance company and other individuals involved in the workers’ compensation claim so that you can focus on what is most important to you recovering.
How Does a Texas Workers’ Compensation Injury Claim Work?
Filing a claim begins by reporting the injury and accident to your employer and filing the appropriate paperwork at the state level. From this point forward the insurance company will evaluate the information they have received about your injuries and determine whether or not you are entitled to receive benefits. In the event that you are denied, you need a Texas workers’ compensation attorney at your side to help you navigate the system and appeal this decision. If your employer does not subscribe to worker’s compensation, you may be able to pursue a legal claim against them directly. You will need an attorney at your side to assist you with the process because it is extremely complicated and dependent on the statutes in Texas. Remember that there are attorneys who have built an entire career defending these non-subscribing companies and they will know the tactics and strategies most likely to result in success for them. Regardless of whether or not you pursue a workers’ compensation claim through Texas because your employer enrolled in this insurance or are pursuing a claim directly against a non-subscribing company, a lawyer is an advocate for you over the duration of your case. Knowing that someone is fighting for your best interests can be extremely beneficial.
Texas Construction Accident Injury Statistics
Whether it’s toxic chemicals, electrocution, scaffolding falls, a building collapse or explosions and fires, one out of every 10 construction site workers is hurt on the job. According to national research, over 800 employees die on construction sites around the country. These injuries have the potential to have far reaching implications for the family members of those who pass away and those who survive theses serious accidents.
Why Choose Our Firm?
Reyna Law Firm has a track record of representing those construction site employees who have been hurt due to negligence or preventable accidents. Having a comprehensive investigation of the accident scene immediately after it happens is crucial for identifying a long-term strategy for protecting you. Our law firm can help you with many different aspects of your claim including:
- Reviewing your paperwork
- Filing the initial legal claim against the insurance company or the relevant employer
- Helping you after you have been denied
- Assisting you with recovering full and fair compensation for the injuries you have sustained
Hiring someone you can trust with your case is about more than finding a lawyer with experience- you need the insight and focus provided by a lawyer who cares about you and your future. Knowing that you have somebody advocating for you is a crucial component of your legal claim, schedule a free consultation today with one of the most experienced construction accident lawyers in Texas.
COMMON QUESTIONS ABOUT TEXAS CONSTRUCTION INJURIES CLAIMS
You must report the injury to your employer within 30 days from the date of the injury or from the date that you identify the injury. You need to send a completed DWC Form-041 to the Texas Department of Insurance.
It is important to communicate with the insurance adjuster on your Texas workers’ compensation claim. Providing valuable information to this adjuster will help him or her carry out their responsibilities.
The right lawyer needs to be retained by you immediately to give you the best chance for recovery.
If you believe that you are being treated unfairly by your employer, it is important to realize that your employer cannot discriminate against you for filing a workers’ compensation claim. You need to consult with a Texas workers’ compensation attorney if you find yourself in this position to better protect yourself.
Legal beneficiaries of an individual who died in a Texas construction accident may be able to recover death benefits. If the employer of that deceased individual carried workers’ compensation insurance, grandchildren, a spouse, children and other dependents or parents could be eligible for death benefits. Consulting with a knowledgeable Texas workers’ compensation attorney is strongly recommended.
If workers’ compensation medical care is provided through an approved compensation healthcare network, you need to select a doctor from the approved provider list. The insurance company has to give your employer a contact list of treating doctors who are participating in the network. You need to ask your employer for this list after initiating a workers’ compensation claim so you can get a treating doctor. Talking to your primary care provider may also help to illuminate you about the issues in your case and you may wish to get a second opinion after being seen by the original doctor.
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*Picture Credits to: Special Assistant, Diane Garza
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