Every year, thousands of harmful accidents are reported within the construction industry. Texas construction workers could be at risk of injuries due to the nature of the job as well as dangerous conditions and environments fostered by careless employers.
An accident at a construction site has the potential to change the lives of the worker and his or her family forever. The losses suffered by victims can be devastating. While no amount of money can make things right, recovering fair compensation or damages can make moving forward easier.
If you find yourself in this confusing situation, it’s important to protect your rights by understanding what damages you may be able to collect. Knowing the value of your claim before you begin settlement negotiations can help you achieve a result that makes up for every consequence of the construction accident. Speaking with an experienced Austin personal injury lawyer can help ensure that you understand your legal options and are in the best position to recover the compensation you deserve.
Workers’ Compensation Benefits
First, determine your eligibility for workers’ compensation and whether accepting this type of settlement is right for you. The workers’ compensation program in Texas provides no-fault benefits to eligible employees who are injured on the job.
With this type of insurance claim, you don’t have to prove negligence, or someone’s failure to act with proper care. It is enough to show that you have an injury or illness that occurred within the scope and course of your employment at a construction site.
A workers’ comp claim can result in the following types of compensation:
- Medical benefits for all necessary treatments
- Income benefits (will replace around two-thirds of lost income)
- Death benefits to replace earnings relied upon by dependents
- Burial and funeral benefits
How long payments will last depends on the severity of the injury. In Texas, employers are not required to carry workers’ compensation insurance. Ask your construction company if this is available. If it is, wait until you’ve explored all of your worker rights with an attorney before accepting a workers’ comp settlement.
Personal Injury Claim Compensation
Workers’ compensation can be a convenient way to recover financial damages after a construction accident since you don’t have to gather evidence of negligence or prove fault. However, if there is reason to believe that someone else carelessly or recklessly caused your injuries, it may be in your best interest to file a personal injury claim instead.
A personal injury claim in Texas can result in greater damages for an injured construction worker than a workers’ compensation claim. If you can establish that your employer caused the incident, filing a lawsuit may be better than accepting a workers’ comp settlement. If a third party – meaning someone other than an employer or coworker – is at fault, you may be eligible for both a workers’ compensation settlement and a personal injury claim.
Medical Expenses
All reasonably necessary medical and health care costs accumulated by the injured construction worker can be reimbursed with a successful personal injury claim. This includes any required urgent care or emergency services, hospital stays, surgeries and treatments, prescription medications, medical devices, physical therapy, and rehabilitation.
Wage and Income Losses
Unlike a workers’ compensation claim, a personal injury lawsuit could result in 100 percent lost wage reimbursement. You could qualify for compensation that covers the full amount of your lost wages while you are unable to return to your construction job, with no recovery cap. If a severe construction accident gives you a lasting disability, you could also receive compensation for your lost future capacity to earn.
Noneconomic Damages
In addition to receiving damages for the economic losses associated with the construction accident – meaning the actual money spent or lost by the victim – a personal injury claim also provides a construction worker the opportunity to recover noneconomic damages. This refers to compensation for personal or invisible losses.
Examples include:
- Physical pain and suffering
- Chronic pain
- Scarring or disfigurement
- Emotional distress
- Mental anguish
- Psychological harm
- Post-traumatic stress disorder
- Loss of enjoyment of life
- Diminished quality of life
- Loss of consortium
Noneconomic damages can be difficult to calculate. Unlike economic damages, pain and suffering cannot be calculated by only looking at the victim’s bills and receipts. You should work with an attorney to gain an accurate understanding of how much your pain and suffering damages are worth – especially in the case of a severe or catastrophic injury, such as permanent brain damage or paralysis.
Wrongful Death Damages
If a construction injury case results in the tragic death of a worker, another legal possibility in Texas is a wrongful death claim. This type of case is similar to a personal injury claim, except that it is filed after the victim passes away in an effort to recover damages for surviving loved ones.
The damages available in a construction accident wrongful death claim include:
- Reasonable funeral and burial expenses
- Loss of household income
- Loss of inheritance had the worker lived to normal life expectancy
- Loss of household maintenance and services
- Lost love, companionship, society and spousal intimacy
- Lost support, advice and guidance given to children
- Grief and mental anguish
It’s understandably difficult to think of your loved one’s death in terms of financial damages. Leave claim negotiations to your wrongful death lawyer in Texas to ensure your family receives the best possible payout without the mental or emotional stress.
Additional Compensation: Punitive Damages
Finally, Texas law permits the recovery of an additional amount awarded as punitive or exemplary damages in certain personal injury and wrongful death cases. Rather than being given to make the injured construction worker whole again, punitive damages are designed to punish a defendant or at-fault party for especially wrongful acts or shocking misconduct.
According to Texas Civil Practice and Remedies Code § 41.003, exemplary damages can be awarded as a penalty or by way of punishment if the claimant can prove fraud, malice or gross negligence in connection to the construction accident. If someone in your workplace intentionally or maliciously caused your injury, such as through physical assault, punitive damages may be available.
Get the Most From Your Construction Accident Claim By Contacting FVF Law Firm
Becoming whole again in the aftermath of a construction accident is possible. However, it may take assistance and representation from a skilled construction accident attorney in Texas. Find out how much your individual case may be worth during a no-cost, no-pressure consultation with an attorney who cares in Texas. Call FVF Law Firm at (512) 640-2146. We have over 100 years of combined legal experience.
