Construction Site Injuries in Texas: Your Legal Rights and Remedies

If your employer in Texas has workers' compensation insurance and you sustain an injury or illness on the job, you may be eligible for workers' compensation payments. However, certain procedures must be followed before you may begin receiving compensation for your injuries.

Being hurt on the job is a major setback. It's difficult to deal with physical injuries, medical costs, and lost wages while recovering from them. Managing the fallout from a work-related accident in Texas may be challenging in and of itself.

Of course, consulting a Texas workers' compensation attorney about your potential claims is the first step in obtaining the money you need and deserve. In the meantime, read below to learn more about navigating workers' compensation claims in Texas, and if you have questions about your own claim, contact our highly skilled attorneys at Rasansky Law Firm.

Workers' Compensation For Construction Site Accidents

Workers' compensation is insurance that covers medical costs for workers who sustain injuries or illnesses on the job. It might compensate for part of their lost earnings as well.

Typically, in the event of an employee's death due to an accident or sickness sustained on the job, the company will also cover some costs associated with the funeral and other benefits.

That said, workers' compensation insurance does not cover the following instances:

• Intentionally self-inflicted injuries.
• Injuries sustained by employees under the influence of alcohol.
• Employee injuries suffered while doing anything other than their job, like playing a sport or hanging out with friends.
• Injuries that are caused by third parties for reasons unrelated to an employee's work.
• Any injuries that result from a natural disaster, like a flood or storm, or an "act of God," unless your line of work puts you at high risk.

Coverage For Injured Construction Workers in Texas

Texas is unusual because it does not mandate that most businesses carry workers' compensation insurance. Instead, private businesses in Texas are free to opt in or out of the state's workers' compensation insurance program. You should thus inquire whether your company has insurance in the event of a work-related accident or illness.

All workers are entitled to get this information from their employers since it is a legal requirement, but if you're still unsure how to go about this step, check Texas' workers' compensation insurance database to see whether your company is registered.

If your company does have workers' compensation insurance, you can receive payment for an injury-causing accident that occurred on the work site. However, you may still have recourse if your company does not have workers' compensation insurance. With the help of an attorney, injured workers lacking company coverage for workers' compensation could explore filing a lawsuit for damages.

Reporting Workplace Injuries in Texas

Under Texas law on workers' compensation, you must notify your employer of your injuries to begin the workers' compensation process. If this notification is not given within 30 days of the injury or illness you've sustained, your legal entitlement to benefits may be forfeited.

Even though you have 30 days to report your injury, do so as quickly as you can. If you wait over two days without sufficient cause to report an injury, the insurance company may be dubious of your claim. On top of that, the 30-day clock begins ticking once you have discovered a link between your job and your injury or illness, even if the said condition has been building up over time (for example, repeated stress injuries or occupational illness due to exposure).

Your employer should provide information from the Texas Division of Workers' Compensation (DWC) and details on how to seek medical attention once you report your accident. Take the following steps to get medical care after a workplace injury or illness in Texas:

1. Choose a provider from the workers' comp health care network if your company has a relationship with that network.
2. Otherwise, you may see any physician on the roster of DWC-accepted specialists in Texas.
3. Ensure the doctor knows you were hurt on the job immediately during your first appointment.

Making a Texas Claim After a Construction Accident

Filing a DWC Form-041 (Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease) is the first step in the formal claims process. The form may be submitted in person, through mail, or electronically on the DWC's website.

Information regarding yourself, your injuries, your employment status, and your employer must be filled out on the claim form. Additional guidance on how to respond to each question is included on the form. From there, the paperwork has to be submitted no later than 12 months following the date of the accident or the date on which the worker first became aware of injuries.

Once you submit your claim, the DWC will inform your employer and insurance provider. After that, the workers' compensation insurer will evaluate your claim and approve or deny your payment.

What Happens When Workers' Comp is Rejected?

If your insurance claim is rejected, you may file a complaint with the DWC. A review is required before you may have a hearing before a workers' comp judge.

The lion's share of injured workers will need to retain the services of a skilled workers' comp attorney to succeed at a disputed case hearing, particularly in light of the complex procedural rules and regulations surrounding workers' compensation. Fortunately, Texas law allows for retaining legal representation.

Call a Dallas Injury Lawyer After a Construction Accident

From scaffolding incidents and forklift collisions to excavation accidents, the skilled lawyers at Rasansky Law Firm have handled several cases relating to workplace injuries on construction sites. Moreover, our legal team will do all our power to ensure you secure justice and fair recompense for your losses.

We take great pride in delivering the best possible results for our clientele and are ready to help you reclaim your life today.

Our lawyers have handled workplace accident claims in Dallas-Fort Worth and throughout Texas for the last three decades. Contact our work injury lawyers in Dallas at 214-651-6100 if you or a loved one has been hurt in Texas due to an accident on the job. Regardless of the details surrounding your claim, our team is committed to fighting for the rights of you and your loved ones.