The construction industry is one of the most dangerous in Austin, Texas, with thousands of worker injuries reported annually in this sector. Unfortunately, if you get injured in an accident at a non-union construction site in Austin, it can be more difficult to recover the financial compensation that you need for your medical costs and losses. You may need to rely on an Austin construction accident attorney to protect your rights without a union present to do so.
What Is a Non-Union Construction Site?
A non-union construction site is one that operates without being under the protection of a labor union. It does not have a collective bargaining agreement that guarantees certain wages or employment benefits for construction workers.
Texas’s labor laws and workers’ compensation rules still apply to non-union worksites. This means that even with fewer worker protections compared to a unionized construction site, you still have the right to expect a safe work environment.
Your employer can still be held responsible for negligence that gave you an injury. If your employer has workers’ compensation insurance, you still have the right to file a claim. Finally, you are protected against retaliation by the construction company if you report an injury or file a claim.
Can I File a Workers’ Compensation Claim Without a Union in Austin?
Yes. In Texas, unions do not determine which workers qualify for workers’ compensation after a construction site accident. If your employer has this type of insurance, you can file a claim to seek financial benefits for your medical bills and other losses without having to prove fault.
Construction companies and other employers in Texas do not legally have to carry workers’ comp insurance, however. Coverage is something you need to ask your specific employer about after your accident.
If this insurance is available, you may be eligible for coverage even if you never signed a formal employment agreement. Your daily job-related tasks can prove that an employer-employee relationship existed, qualifying you for insurance coverage even at a non-union worksite.
Can I Sue My Employer Without a Union in Austin?
Yes. Whether or not you can hold your employer responsible for a construction site accident in Austin does not depend on union status. Texas’s personal injury laws allow a claim to be brought against any party that is guilty of negligence, or the failure to act with reasonable and ordinary care, in connection with a harmful accident.
Even if your employer is a subcontractor at a construction site in Austin, you have the right to hold them accountable for negligence that caused your injuries, such as a lack of personal protective equipment, inadequate safety training or warning signs, and failing to maintain a safe work environment.
Compensation Available as a Victim of a Non-Union Construction Site Accident in Austin
Union status at a construction site in Austin will not determine the amount or types of financial compensation you may be eligible to receive as an injured worker. Instead, this is determined by Texas’s personal injury laws.
Successfully filing a workers’ compensation claim or holding someone responsible for your injuries could lead to a payout for various losses, including:
- Your current and future medically necessary care, treatments, rehabilitation and medications
- Costs and accommodations associated with a disability
- Physical pain and emotional suffering
- Property damage repairs or replacements
- Losses of income and employment benefits
- Loss of consortium, or care and companionship
- Diminished quality or enjoyment of life
- Reduced capacity to earn for the remainder of your career
The potential value of your construction injury claim will be determined according to factors such as the gravity of your injuries and who is liable, not the union status of the construction company in Austin.
Steps to Take After a Non-Union Construction Site Accident in Austin
If you get hurt in any type of accident while at a non-union construction site, there are steps you need to take to protect your rights right away. After a fall, scaffolding accident, machinery incident, electrocution, toxic exposure or another harmful incident at a construction site, take the following measures:
- Get immediate medical attention. Prompt care is crucial for your physical health. Construction accident injuries can be serious and require emergency medical care, including surgeries.
- Notify your employer. Describe the accident and your injuries to the construction company or a supervisor as soon as possible, but at least within 30 days to protect your eligibility for workers’ compensation insurance benefits.
- Document everything. Document the construction site accident by getting an incident report, taking pictures at the scene, writing down eyewitness names and phone numbers, and looking around for potential video footage of the incident.
- File a claim. Whether or not the construction site is covered by the union, you have rights. If applicable, tell your employer that you wish to file a workers’ compensation claim in pursuit of no-fault compensation for your injury.
- Contact an attorney. If you suspect employer negligence or the company doesn’t have workers’ comp, consult with an attorney about a possible lawsuit. Without a union present, you can rely on a lawyer to aggressively protect your rights.
Your non-union construction site accident case in Texas could be considerably strengthened by taking the correct steps after the incident. One of the most important things you can do for the future of your claim is to work with an experienced and skilled construction site accident lawyer in Austin.
When to Contact a Construction Accident Lawyer
In Austin, construction site accident cases are governed more by workers’ compensation laws, personal injury statutes and employee classifications than union status. Whether you were injured at a union or non-union worksite in Austin, the best thing you can do for yourself is to contact a construction accident attorney for legal advice and representation.
An attorney will help you take the steps necessary to preserve your rights as a construction worker in Austin and build the strongest possible injury claim. Without a union available to protect you, it is even more important to work with an attorney. A lawyer will work for you – not an insurance company or employer.
You can trust your lawyer to maximize your financial payout as much as possible, regardless of your job’s union status. FVF Law Firm has more than 100 years of combined legal experience. Request a no-cost case evaluation with us in Austin today to discuss your individual situation and legal rights. Call (512) 640-2146 anytime.
