Can I Sue My Employer in Texas for an Injury Receive on a Construction Site?
If you are injured on a construction site in Texas, you may sue your employer for your injuries so long as your employer does not have workers’ compensation coverage. If your employer offers workers’ compensation, you are precluded from filing a personal injury lawsuit. You can however, pursue compensation through filing a workers’ compensation claim.
What Injuries Does Workers’ Compensation Cover?
While workers’ compensation does cover most injuries, even those caused by the employee’s negligence, it is important to note that there are exclusions. For example, injuries that occur while an employee is intoxicated or under the influence of illegal drugs are not covered by workers’ compensation.
Other instances in which workers’ compensation may not imply include:
- Self-inflicted injuries
- Injuries suffered while an employee is committing a crime
- Injuries sustained by an employee while not on a job
- Injuries suffered by an employee acting in a manner that violates company policy.
What if My Employer Does Not Offer Workers’ Compensation?
If your employer does not offer workers’ compensation, you should contact an experienced workplace injury attorney to handle your claim. If you are badly injured on the job, you employer may scramble to offer something like workers’ compensation and demand that you see a company doctor. You have no obligation accept their offer of compensation or see their doctor.
Texas is unique in that it does not require employers offer workers’ compensation. The caveat is that if an employer who does not offer workers’ compensation is determined to be even 1% at fault for an employee’s injuries, they are liable for any and all resulting damages.
Thomas J. Henry has the resources and experience to help prove your construction accident case. Our workplace injury lawyers will begin handling your claim immediately and request a temporary restraining order (TRO) to ensure any evidence is preserved. Thomas J. Henry also has access to leading industry experts who can help analyze evidence, inspect possible workplace violations, and provide compelling testimony to a judge or jury.
Our construction accident experts include:
- Workplace safety compliance experts
- Industrial accident reconstruction experts
- Premises maintenance experts
- OSHA consultants
- Safety equipment experts
- Ladder experts
- Occupational and environmental health experts
- Hazardous chemicals experts
- Process safety management experts
- Physicians, psychical therapists, and other healthcare professionals
- Fire and explosion investigators
Construction Accident Statistics
According to the U.S. Bureau of Labor Statistics (BLS) and the Occupational Safety and Health Administration (OSHA), in 2015,
- 937 workers in the private construction industry were killed on the job
- This is the highest total since 975 workers died in 2008
- About one in five (21%) worker deaths in 2015 were in construction
- An estimated 204,700 workers in the private construction industry were injured on the job in 2015
- The leading causes of private sector worker deaths in the construction industry (excluding highway collisions) were falls, struck by object, electrocution, and caught in/between. The “Fatal Four” account for 64.2 percent of all fatalities in the construction industry
- Falls — 364 deaths (38.8% of total construction deaths)
- Struck by object — 90 deaths (9.6%)
- Electrocutions — 81 deaths (8.6%)
- Caught-in/between — 67 deaths (7.2%)
- Eliminating the “Fatal Four” would save 602 workers’ lives every year
- 210 contracted workers in the private construction industry died on the job
- These states led the United States in construction worker deaths in 2015
- Texas — 124
- California — 75
- Florida — 66
- New York — 53
- Georgia — 38
- Illinois — 38
Contact an Experienced Construction Accident Attorney
If you or a loved one sustained a serious injury in a construction accident, contact Thomas J. Henry. Accidents that occur on construction sites can cause severe, life-altering injuries, causing physical, emotional, and financial pain. Our experienced construction injury attorneys work diligently to make sure our clients are comfortable and informed throughout the entire process. At Thomas J. Henry, we have a record of achieving real results for our clients. Let us assist you with your construction accident injury. Contact us today for a free case review.