Construction Accident Compensation in Texas: Understanding the Law
Construction is a dangerous business for those who work in it and it’s true not just in Texas but everywhere else as well. Thousands of construction workers get injured in the United States every year and some of them even die in extreme cases. However, the laws regulating claims to personal injury and negligence of safety measures do differ from state to state. Therefore, it is imperative that one understands the laws that govern construction accident claims in the State of Texas in order to put forward a successful lawsuit and subsequent injury claim.
Types of Construction Accidents
Hiring a lawyer is a particularly wise decision in Texas, since the construction accident laws in the state have become particularly complicated after a number of tort reform measures came into place. As of now, the set of laws which will be applicable in your current situation will vary depending on whether or not your case falls under work site injuries covered by worker’s compensation insurance. Remember that if your company is a subscriber of the worker’s compensation insurance, there are laws that prevent you from suing the employer, unless you can prove that the party is directly at fault and therefore responsible for your injury and misfortune.
The Texas Worker’s Compensation Act
The Texas Worker’s Compensation Act came into place in the year 1993 and it is often used by construction companies to prevent employees from launching a lawsuit against them. Employees of a company which bought the insurance are supposed to be provided with a part of the salary, in addition to taking care of all medical bills generated from treating the work site injury at a registered medical facility. Unfortunately, workers often have trouble with getting the compensation they deserve after suffering from a work related injury. It could be that the rules don’t work in favor of the injured worker or sometimes, the “fair share” just isn’t fair. This is exactly where a Lubbock construction accident lawyer comes in to get you the compensation you actually deserve.
The Non-subscribing Employer
There are, of course, construction companies that don’t subscribe to the Worker’s Compensation Insurance program and if you got injured while working under a nonsubscriber, the set of rules applicable in your case will be different. Firstly, this leaves the employer open to lawsuits by injured employees as there is no TWCA in place to protect them. Secondly, there isn’t a maximum amount set anywhere, so the claiming party can theoretically put forward any claim that they think would be appropriate. While on paper, this does sound advantageous to the worker, it isn’t so in reality. If the company considers your claim to be exorbitant or simply decides not to pay, they will hire defense attorneys to build a case against the victim. The idea is to prove in court that it was the worker’s fault and the employer cannot be held liable in any way.
These are but just a few of the many stipulations and complications that one has to deal with before making a claim in Texas. Nevertheless, these points should help the concerned party make an accurate estimation of their current situation. The most important thing to remember to do right after an accident or a wrongful death on a construction site is consult a law professional before making any legal move.