Working in the construction industry can be a dangerous occupation. Despite strict safety regulations and protocols, accidents still happen, and workers can sustain injuries that affect their health, livelihood, and quality of life. In Texas, construction workers who suffer injuries while on the job have legal options that can help them obtain compensation for their losses. In this blog post, we’ll discuss some of the legal options available to injured Texas construction workers.
Workers’ Compensation
Workers’ compensation is a type of insurance that provides benefits to employees who are injured or become ill while on the job. In Texas, employers are not required to carry workers’ compensation insurance, but many do. If your employer has workers’ compensation insurance, you may be eligible for benefits such as medical expenses, lost wages, and disability payments. To receive workers’ compensation benefits, you must report your injury to your employer within 30 days and file a claim with the Texas Department of Insurance, Division of Workers’ Compensation.
Personal Injury Lawsuit
If your employer does not have workers’ compensation insurance, you may be able to file a personal injury lawsuit against them. In Texas, personal injury lawsuits can be filed against an employer if they were grossly negligent or intentionally caused harm to the employee. However, filing a personal injury lawsuit can be a complex and time-consuming process. It is highly recommended to hire an experienced personal injury attorney to handle your case.
Third-Party Liability Claims
If your injury was caused by a third party, such as a contractor, subcontractor, or equipment manufacturer, you may be able to file a third-party liability claim. Third-party liability claims are filed against parties who are not your employer but are responsible for your injury. For example, if you were injured due to a defective piece of equipment, you could file a claim against the manufacturer of that equipment. Third-party liability claims can provide compensation for medical expenses, lost wages, and pain and suffering.
Social Security Disability Benefits
If your injury is severe enough to prevent you from working for an extended period, you may be eligible for Social Security disability benefits. Social Security disability benefits are designed to provide financial assistance to individuals who are unable to work due to a disability. To be eligible for benefits, you must have a disability that is expected to last for at least 12 months or result in death.
Additionally, it’s important to note that there are time limits, known as statutes of limitations, for filing these types of claims. For workers’ compensation claims, you have one year from the date of injury to file a claim. For personal injury lawsuits, you have two years from the date of injury to file a lawsuit against your employer. Third-party liability claims also have a two-year statute of limitations. Social Security disability benefits have a five-month waiting period, and the application process can take several months, so it’s important to start the process as soon as possible
It’s also essential to document your injury and its effects. Be sure to report the injury to your employer immediately and seek medical attention right away. Keep a detailed record of all medical treatment, including doctor’s appointments, medications, and any therapy you may receive. This documentation will be important evidence in your claim.
Willumsen Law Firm, P.C. is a personal injury law firm based in Houston, Texas, that has experience in helping injured construction workers navigate their legal options. Our firm can help with a range of legal services related to construction accidents and injuries, including:
Evaluation of the case: Our firm can evaluate your case to determine your legal options and the potential for compensation
Assistance with workers’ compensation claims: We can help you file a workers’ compensation claim, ensure that you receive the benefits you are entitled to, and appeal any denied claims.
Representation in personal injury lawsuits: If you are unable to receive compensation through workers’ compensation or if your employer does not carry workers’ compensation insurance, we can represent you in a personal injury lawsuit
Third-party liability claims: Our firm can assist you in pursuing a third-party liability claim against a contractor, subcontractor, or equipment manufacturer, to ensure that you receive compensation for your injury.
Social Security Disability benefits: If your injury is severe enough to prevent you from working for an extended period, we can assist you in filing for Social Security Disability benefits.
Our experienced attorneys understand the unique challenges that injured construction workers face, and we are committed to helping our clients obtain the compensation they deserve. We can guide you through the legal process, answer your questions, and advocate for your rights. If you are an injured construction worker in Texas, contact Willumsen Law Firm, P.C. for a free consultation to discuss your legal options.