A construction accident in Texas has the potential to cause significant injuries and deaths. In the aftermath of a harmful construction site incident, victims and family members may be able to collect financial compensation for their losses.
Understanding the difference between a workers’ compensation claim and a third-party construction lawsuit can help you decide which legal route is right for you.
Workers’ Compensation vs. Construction Lawsuit in Texas
It is important to realize that Texas is the only state that does not require private employers to carry workers’ compensation insurance. Workers’ comp is a no-fault type of insurance that offers financial coverage to workers who get injured within the course and scope of their employment. It is not necessary to prove negligence or fault to receive workers’ comp coverage if your employer has this insurance.
Although workers’ comp is not a legal requirement, many employers and construction companies choose to purchase it to protect themselves from liability for work-related accidents that injure their workers. One of the first steps you should take after getting injured at a construction site is to find out if your employer has workers’ compensation insurance available to pay for your losses.
What Is a Workers’ Comp Claim?
If your employer has workers’ compensation insurance, begin your claim by reporting the accident. You must report the injury within at least 30 days for a valid claim, in most cases. Once it is confirmed that the injury is connected to your job, the insurance company will issue a settlement. The amount available will depend on the severity of the injury and its impact on your life and ability to work.
Once you accept a workers’ compensation insurance claim in Texas, you can no longer sue your employer for negligence. Part of what you are agreeing to when you sign off on a workers’ comp settlement is to release your employer of any further liability for your injuries. This is why it is important to be sure that accepting a settlement is the right choice for you before signing anything.
What Is a Third-Party Construction Lawsuit?
A third-party construction lawsuit is a type of legal action that is brought against an individual or entity that is not your employer or a coworker. A “third party” refers to someone who contributed to the worker’s injuries but who was not directly involved or at the scene of the accident.
Examples include:
- A contractor or subcontractor for negligently causing an injury.
- The manufacturer of a defective piece of construction equipment.
- The owner of a property that contained hazardous conditions or defects.
- The government for a construction accident on public property.
- The owner of a dog in an animal attack incident at a construction site.
It is possible to receive coverage from both a workers’ compensation claim and a third-party lawsuit in Texas as an injured construction worker. Accepting a workers’ comp settlement does not protect third parties from liability.
Types of Damages Available With a Workers’ Comp Claim vs. a Construction Lawsuit
One of the key differences between a workers’ compensation claim and a third-party construction lawsuit is the type of financial compensation available. These are very different legal routes with different potential outcomes.
Workers’ compensation claims are limited to the maximum amounts listed on the insurance policy. Typically, 100 percent of the victim’s medical expenses will be covered, while only around two-thirds (67 percent) of lost income will be reimbursed. Death benefits can also be provided to surviving dependents after a fatal construction accident.
With a third-party lawsuit, on the other hand, a victim may be able to recover to 100 percent of medical expense reimbursement and 100 percent of lost wages, in addition to damages such as pain and suffering, disability, future lost capacity to earn, and (if applicable) wrongful death damages.
What Is the Burden of Proof in a Third-Party Construction Lawsuit?
Another major distinction between workers’ compensation and a lawsuit is the burden of proof. There is no need for an injured employee to prove fault or negligence to receive workers’ compensation benefits. This is a “no-fault” type of insurance claim. If you choose to pursue a lawsuit, on the other hand, you will be required to prove that your claim is more likely to be true than not. This is known as a “preponderance of the evidence.”
Most lawsuits rely on proof of negligence, meaning evidence that the accused party (defendant) owed the victim a duty of care, breached or violated this duty of care, and caused the construction accident as a result. These are the key elements of negligence. Meeting the burden of proof requires clear evidence, such as an incident report, eyewitness statements, photos and videos, medical records, and expert testimony.
Which Legal Option Is Right for You?
You may have multiple recovery options available to you as a construction accident victim in Texas. Your legal rights may include a workers’ compensation insurance claim as well as a personal injury lawsuit, depending on the circumstances.
If your employer is a nonsubscriber to workers’ compensation insurance, explore your ability to file a lawsuit by contacting an Austin construction accident attorney. You may need to file a lawsuit if you are an independent contractor – and not an employee – who is not covered by workers’ compensation insurance.
If you have evidence that your employer contributed to your construction accident injuries, you can potentially file a lawsuit against the construction company. If a third party is responsible for your injuries, you may be eligible to file both types of claims. Exploring all of your options with an experienced lawyer can prevent you from missing coverage opportunities.
When to Contact an Experienced Construction Accident Attorney in Texas
If you get injured in a construction accident in Texas, taking the right next steps is crucial for your physical, financial and emotional recovery. Even a small lack of knowledge regarding your legal rights in this situation could lead to major financial losses.
Don’t accept a quick settlement from an insurance company before you’ve consulted with an attorney. FVF Law Firm offers no-cost initial consultations in Texas, where we listen to clients’ stories and offer personalized legal advice and guidance at no pressure to hire us.
We can review your individual legal options in detail in the aftermath of a harmful construction site accident in Austin. Then, we can guide you toward the right path for your unique situation. Using over 100 years of combined legal experience, we will explore all avenues to ensure you don’t miss a recovery opportunity. Call (512) 640-2146 today.
