WHAT YOU NEED TO KNOW ABOUT A TEXAS CONSTRUCTION ACCIDENT INJURY CLAIM
If you work in the construction industry, obviously you know accidents happen quite frequently. When a mishap occurs, the first thought is to get medical care for the injured worker. Very soon after, the focus shifts.
Everyone has to consider the financial costs involved. The company will want to know if they will have to make payouts to the injured party. The government will want to know if it will have to begin disbursing workers compensation payments. And, of course, the victim needs to know what help they are entitled to.
If you are ever injured in a workplace accident, be sure to speak with an experienced personal injury attorney as soon as possible. This legal representative will ensure that you receive the financial benefits you deserve.
Do not make the mistake of leaving things to chance or believing your employer has your best interests at heart. Never forget that the company and their insurer will want to pay as little as they can.
Texas Construction Injury Cases Are Complex
In Texas, unlike many jurisdictions, employer contributions to the state workers compensation fund is voluntary. Your company does not have to participate. So, if you get hurt, there may be no automatic benefits available. Instead, you would have to reach a settlement with the company or take them to court in a personal injury lawsuit.
To win this type of civil case, you have to first establish the presence of legal negligence. The offending party must have failed in their duty to protect you in some manner. Did the employer fail to post relevant warning signs? Did they ignore required safety training? Again, your qualified personal injury law firm can decipher the case facts to prove the presence of such negligence.
Also, be careful because Texas is a “proportionate responsibility” state. The courts will hold you liable for any negligence on your part. This degree of responsibility could reduce any court financial award. So, always get proper legal advice from a knowledgeable attorney before proceeding.
If Your Employer Does Participate in Workers Compensation
Now, if the employer or owner has chosen to participate in workers compensation, the path becomes a bit clearer.
You do not have to prove negligence, just the extent of your injuries. However, your benefits are limited solely to medical compensation and lost wages. Also, in most instances, you cannot sue this employer for any negligent actions that caused your injuries.
Your law firm can help you meet the filing deadline, which is 30 days following the accident.
Difficult Insurance Companies
Regardless of whether you are eligible for workers compensation, you can still pursue a legal settlement. For example, if your lawyer finds it is possible to sue a third-party, such as a negligent subcontractor, you will have three years to do so. If your employer does not participate in workers compensation, then you can pursue a personal injury case against them too for your construction accident.
The company you are suing will probably have insurance for such occasions. During negotiations, it is quite common for insurance claims adjusters to “low ball” construction accident victims. These experienced negotiators will tell you they can only pay a small amount for your injuries and that you would be wise to accept. They use this strategy to end the litigation quickly and cheaply for themselves.
Mukerji Law Firm Can Help
After a workplace construction accident, you will be disoriented, perhaps suffering from lingering physical pain. Moreover, the confusion of what to do next will lead to anxiety. Then, the medical bills start to mount. Will you ever be able to return to work?
Well, the insurance company knows all about your present emotional and financial situations and takes advantage with a low ball offer. Injured workers often accept this much lower than average settlement amount to put some money into their pockets. These claimants lack the knowledge of how the system works.
Your construction accident attorneys at the Mukerji Law Firm will be more than prepared to show up at settlement conferences with the evidence to prove the negligent behavior of the employer, subcontractor or owner that will compel them to settle now, for a fair amount, or face the possibility of losing for an even larger number in court.
Remember, insurance companies are not persuaded by your personal suffering. An experienced attorney can compile the hard evidence, from medical reports, bills, missed paychecks, photos of workplace conditions and more to strengthen your claim.
Get Construction Injury Legal Help Today
The Mukerji Law Firm can help protect you in your time of need after a construction accident. Beware that your employer, their insurance company, and the legal defense team will begin immediately to build a case to delegitimize your injury claims. Simply put, to them, it is “business not personal.”
Do not go into a Texas construction accident case alone. Get compassionate legal representation now to receive all the financial recompense available including, diminished earning potential, pain and suffering and future medical expenses.