McAllen Construction Accident Compensation
Our McAllen construction accident lawyers can help you receive compensation after your accident. In Texas, you may be able to claim one of two types of compensation:
In most states, a construction accident would be covered under workers’ compensation, as this type of insurance is mandatory across the majority of the U.S. However, Texas law does not require private employers to have workers’ compensation coverage, which can make this type of claim more challenging. If your employer has workers’ compensation insurance, the company policy will likely cover your injury, but you must prove that the injury happened while actively providing work services for your employer.
Workers’ compensation can provide you with payments for medical expenses incurred to treat the injury, lost income or wages for time off work for treatment and recovery, or death benefits for your family.
If your employer failed to carry workers’ compensation, you can sue your employer directly for damages.
Claim Compensation Against Your Employer
If your employer doesn’t carry workers’ compensation insurance, you may be able to sue your employer. Unlike with a workers’ comp claim, it is not enough that your accident happened at work — you must also prove that they owed you a duty of care, breached this duty of care, and that this breach caused your injury.
A breach could range from providing you with defective equipment to not training you appropriately or failing to protect you from exposure to hazards.
However, with this additional burden of proof comes a potentially more substantial award. If you successfully file a compensation claim against your employer, you will be entitled to economic damages, such as the costs of medical treatment and lost wages, as well as non-economic damages. Non-economic damages include compensation for loss of enjoyment, pain and suffering, and loss of companionship if you file a wrongful death claim.
Your claim will also account for your age. For example, if you’re younger and injured at work, and your injuries are severe, long-term, or even life-changing, you could receive a higher award, as you will have to manage your medical condition for the rest of your life.
File a Third-Party Liability Lawsuit
If a third party is liable for your accident, you may be able to claim compensation. You can do this even if your employer has workers’ compensation. For example, if you are injured at work while using a defective tool, you can file a workers’ compensation claim with your employer to cover your medical bills and lost wages while you were unable to work. You can then hold the manufacturer of the defective tool liable for your injury, as it would not have happened if the tool functioned as intended. This means you could receive non-economic damages, such as for ongoing pain and suffering after your injury.
As with a personal injury claim against your employer, you have an additional burden of proof when filing a third-party lawsuit. You need to show:
- The third party owed you a duty of care
- The third party breached that duty of care
- That breach of duty caused your injury
If you can prove the above elements, you can potentially receive compensation for the pain and suffering resulting from your injury. To demonstrate the extent of your pain and suffering, you must be specific about your injuries. Ensure you have medical records and bills to support your injuries’ severity and show your conditions before and after the construction accident.