Workers' Rights After a Construction Accident
Construction work is one of the most dangerous occupations in the United States, with thousands of workers suffering injuries every year. Whether it's a fall, an equipment malfunction, or an accident caused by someone else's negligence, the aftermath can leave workers facing medical bills, lost wages, and uncertainty about their future.
If you've experienced a personal injury on a construction site, it's important to understand your legal rights and the options available for financial recovery. At the Law Office of Steve Brannan in Odessa, Texas, we’re dedicated to our clients. We’ll break down your rights, explain how to take action, and provide practical steps to strengthen your case after a construction accident.
Immediate Steps to Take After a Construction Accident:
If you're injured in a construction accident, what you do immediately afterward can impact your ability to receive compensation. Taking the right steps as soon as possible can help protect your legal rights and health.
Report the accident to your employer – Let your supervisor or employer know about the injury as soon as possible. Delaying your report could affect your ability to receive workers' compensation benefits.
Seek Medical attention – Even if the injury seems minor, a medical evaluation is crucial. Some injuries, like concussions or internal bleeding, might not show symptoms right away.
Document everything – Take pictures of the accident scene, your injuries, and any equipment involved. Write down everything you remember about how the accident happened.
Gather witness information – If coworkers or bystanders saw what happened, get their contact information. Their statements could be valuable if you need to file a claim.
Keep records of expenses and missed work – Hold onto medical bills, receipts for any out-of-pocket expenses, and pay stubs showing lost wages due to the accident.
Once these immediate steps are taken, it's time to consider your legal rights and the different ways you may be able to receive compensation. If you want to learn more about these rights, contact our Attorney, Steve Brannan, for more information.
Workers' Compensation in Texas:
Texas is unique because private employers aren't required to carry workers' compensation insurance. If your employer has workers' comp coverage, you may be eligible for benefits, but if they don't, other legal options may need to be explored.
If Your Employer Carries Workers' Comp:
Medical benefits – Workers' comp should cover medical treatment related to your injury, including hospital visits, medications, and rehabilitation.
Income benefits – If your injury prevents you from working, you may receive a portion of your lost wages while recovering.
Temporary or permanent disability benefits – If your injury causes lasting impairment, workers' comp may provide financial support based on the severity of your condition.
Not every employee carries workers’ comp since it’s not a legal requirement, but you still have the right to pursue compensation for your injuries.
If Your Employer Doesn't Carry Workers' Comp:
You may be able to file a personal injury lawsuit – If your employer doesn’t offer workers' compensation, you could sue them for damages, including full lost wages, pain and suffering, and medical expenses.
Third-party claims may be an option – If a contractor, equipment manufacturer, or another party contributed to the accident, you might have a claim against them.
Workers' compensation is only one avenue for recovery, and many injured workers find that they need to explore other legal options to receive full compensation.
Filing a Personal Injury Claim After a Construction Accident:
Workers' comp benefits are limited, and they don't cover noneconomic damages like pain and suffering. If someone other than your employer contributed to the accident, you may be able to file a personal injury claim to recover additional compensation.
Potential Third-Party Claims Include:
Defective equipment claims – If faulty machinery, tools, or safety gear caused the accident, you might have a claim against the manufacturer.
Negligence by a subcontractor or property owner – If an unsafe worksite condition caused your injury and another company was responsible for maintaining it, they could be held liable.
Vehicle accidents onsite – If a negligent driver caused an accident involving construction vehicles, you may be able to pursue a claim against their employer or insurance company.
A personal injury lawsuit can help injured workers recover damages that workers’ comp doesn’t provide, like full lost wages, pain and suffering, and emotional distress.
What to Do If Your Claim Is Denied:
Sometimes, workers' compensation claims or personal injury lawsuits face obstacles. Insurance companies and employers may try to deny or minimize your claim, leaving you without the benefits you need. However, a denial does not mean the end of the road—you have options to fight back.
Steps to Take if Your Claim Is Denied:
Review the denial letter carefully – The letter should explain why your claim was denied and provide information about the appeal process. Understanding the reason for denial is crucial to determining your next steps.
Gather additional evidence – If the denial was due to a lack of proof, collect more medical records, witness statements, or opinions to support your case. This may include doctor’s notes, diagnostic test results, or employer safety records.
File an appeal – In Texas, you can appeal a denied workers' comp claim through the Texas Department of Insurance, Division of Workers' Compensation. There are specific deadlines and procedures, so act quickly to avoid missing your opportunity.
Consult an attorney – A personal injury lawyer can help you challenge the denial and fight for the compensation you're worthy of. Legal professionals understand the system and can negotiate with insurance companies on your behalf.
Stay persistent and follow deadlines – Appeals have strict time limits, so be sure to submit paperwork promptly. Missing deadlines can result in losing your right to challenge the denial.
Consider mediation or a hearing – If the appeal is unsuccessful, you may request a hearing before a workers' compensation judge or explore alternative dispute resolution methods.
Understanding your legal rights is key when facing a denied claim, and there are ways to push back against unfair decisions. Persistence and the right legal strategy can increase your chances of obtaining the benefits you're worthy of.
Protecting Your Rights After a Construction Injury:
Construction accidents can leave workers in difficult financial situations, but knowing your rights and taking the right steps can make a big difference in your recovery. Workplace injuries can lead to lost wages, mounting medical bills, and long-term health issues, making it crucial to protect yourself legally and financially.
Key Takeaways for Injured Construction Workers:
Act quickly – Reporting your injury and seeking medical care immediately can strengthen your case. Delays in reporting could give your employer or insurance company a reason to question the severity or validity of your claim.
Explore all legal options – Depending on your employer’s workers’ comp coverage, you may need to consider a personal injury claim. If your employer does not carry workers’ compensation insurance, you might have the right to file a lawsuit for damages.
Keep records – Documentation of your accident, injuries, and expenses can be essential to proving your case. Save copies of medical reports, accident reports, witness statements, and receipts for medical treatments or other related costs. These records will help establish a clear link between the accident and your financial losses.
Know your benefits – If you qualify for workers' compensation, you may be entitled to benefits such as medical treatment, wage replacement, and vocational rehabilitation. Understanding what benefits you're eligible for can help make sure you receive the full compensation you're worthy of.
Get legal help if needed – An attorney experienced in construction accidents can help you recover the maximum compensation available. They can guide you through the legal process, negotiate with insurance companies, and take legal action if necessary to protect your rights.
By being proactive and informed, you can improve your chances of a successful claim and secure the financial support needed for your recovery.
Contact Us Today
Construction work is dangerous, but injured workers have rights. If you’ve been hurt on the job, understanding your legal options is the first step toward getting the support you need. Our experienced attorney, Steve Brannan, represents clients in Texas, including Midland, Big Spring, Pecos, Andrews, and throughout communities in West Texas. Call the Law Office of Steve Brannan today.