Workplace accidents are more common in the construction industry than in most other jobs in Texas. If you get injured in a construction site accident while working, it is critical to know your rights and options for collecting a financial recovery.
If your employer has workers’ compensation insurance, they must report your injury to the insurance company within eight days. If your employer fails to make this report, it could have a negative impact on you and your future.
If your employer is not cooperating with your workers’ compensation claim or fulfilling its responsibilities, contact an Austin construction accident attorney. A construction accident attorney in Texas can help you know what to do in this situation to protect your legal rights.
Workers’ Compensation Is Not Required in Texas
Texas is the only state in the country where workers’ compensation insurance is not a requirement for any employer. Instead, it is up to each individual employer whether or not to purchase this type of no-fault insurance to cover worker injuries.
If you suffer an injury or illness in a construction site accident in Texas, notify your employer immediately, but at least within 30 days. This is the required reporting time to have a valid workers’ compensation claim.
Ask your employer if they have workers’ compensation coverage. If the answer is no, contact a construction accident attorney about your other options. You may be able to file a personal injury lawsuit against one or more parties for causing or contributing to your construction injuries.
Subscribed Employers Are Required to Report Injuries Within Eight Days
If your employer does have workers’ comp insurance and you wish to file a claim for financial benefits, your employer has a responsibility to notify their insurance carrier of the accident and your injuries within eight days.
Employers are required to report any of the following within this time limit:
- A work-related injury that results in the worker’s absence from work for more than one day.
- An occupational disease or illness of which the employer has knowledge.
- A work-related fatality.
Reporting must be done by filling out and sending the insurance company DWC Form-001, the Employer’s First Report of Injury or Illness. The employer must also provide a copy of the completed form to the injured worker, along with Notice of the Injured Employee Rights and
Responsibilities in the Texas Workers’ Compensation System.
What to Do if Your Employer Does Not Report Your Construction Injury in Texas
If your employer fails to report your construction site injury by the deadline, the insurance carrier may not authorize the medical treatments that you need. This means the medical bills may be sent directly to you.
In this situation, your workers’ comp claim is not automatically lost. You have multiple options available to you to initiate or continue your claim and seek fair financial compensation:
- Work directly with the Division of Workers’ Compensation (DWC) in Texas. You can bypass your employer’s involvement in your claim by filing a claim directly with the DWC.
- Write to the insurance company. You can write a letter to your employer’s insurance provider to notify them of the accident yourself. Include details surrounding the circumstances of your injury but do not admit any fault.
- Contact an attorney. If your employer’s failure to report your injury negatively impacted you in any way, including retaliation from the construction company or claim denial, consult with a workplace accident attorney for assistance.
An attorney with experience handling construction accident cases in Texas can protect your claim by taking over communications with an insurance provider on your behalf. If your employer doesn’t have workers’ comp coverage, your lawyer can explore your other opportunities for making a financial recovery.
Reasons an Employer Might Fail to Report a Construction Injury
An employer such as a construction company may have many compelling reasons not to report a worker injury as is required by Texas’s workers’ compensation laws. While non-reporting could be unintentional due to a clerical error, it could also be done on purpose in an attempt to save money or protect the company’s reputation.
Possible reasons include:
- To maintain the construction company’s reputation of providing a safe and secure workplace.
- To prevent an OSHA (Occupational Safety and Health Administration) investigation into hazardous conditions at the workplace.
- To avoid workers’ compensation insurance premium increases due to the number of claims.
- To keep incentives given by the company to managers who maintain accident-free work environments.
- To avoid the extra work that reporting an injury will entail.
- To deny that the worker’s injury or illness occurred at work or within the scope of employment.
There is no lawful reason for a construction company or employer not to report a workplace injury to an insurance carrier. If your boss tries to persuade you to keep your accident quiet, pay you “under the table” or threatens retaliation for reporting, you have legal rights. You may have grounds to file a lawsuit against your employer in addition to your original injury claim.
Penalties for Employer Non-Reporting
Under Section 415 of the Texas Labor Code, an employer failing to report a construction injury to a workers’ compensation insurance carrier is a prohibited act that can come with significant administrative penalties and consequences.
These include:
- Administrative fines and fees from the DWC
- Enforcement actions (requiring the employer to comply)
- Increased scrutiny of the employer by authorities
- Loss of workers’ compensation insurance coverage
- Loss of the right to be reimbursed for any voluntary benefits paid to the worker
- Civil liability for the worker’s losses
Employers in Texas that fail to comply with workers’ compensation requirements are guilty of an administrative violation. If the employer commits further acts of wrongdoing, such as employee retaliation, they can face additional penalties and legal liability.
How a Lawyer Can Help if Your Employer Failed to Report Your Construction Injury in Texas
If your employer neglects their duty to report your construction site injury to an insurance carrier for workers’ compensation benefits, an attorney can help you protect your rights and pursue fair compensation for your medical bills, lost income, and more.
When you contact an Austin personal injury lawyer, the lawyer can investigate your situation and try to remedy things with your employer. If this isn’t possible, your lawyer can help you file a complaint with the correct authorities and seek the financial recovery you need through all available outlets – including both workers’ compensation and a personal injury lawsuit, if available.
FVF Law Firm has more than 100 years of combined experience to put toward navigating your construction injury claim. Call us at (512) 640-2146 for a cost-free consultation about your situation.
