Construction work is tough. Dangerous even. And when accidents happen on the job in Texas, the fallout can be life-changing. You’re hurt. Maybe out of work. Medical bills stacking up. And the insurance company is already calling, trying to settle fast. But here’s the thing: knowing your rights and what damages you might be entitled to can make a huge difference in how much compensation you get.
This article breaks down texas construction accident damages, work injury compensation texas workers can expect, and how to handle construction site injury settlement talks. I want you to understand your options, the deadlines you need to watch, and how to avoid common mistakes that cost people thousands.
What Are Texas Construction Accident Damages?
First off, damages mean the money you can get after a workplace accident. In Texas construction cases, damages come in a few varieties:
- Medical Expenses: Any bills related to your injury like ER visits, surgeries, physical therapy, prescriptions, and even future treatment. Lost Wages: If you miss work, you can get paid for the time you lost. This includes sick leave, vacation time, and sometimes overtime. Impairment and Disability: If your injury leaves you with lasting problems, you might get money for permanent damage or reduced ability to work. Pain and Suffering: This one’s harder to calculate but it covers emotional distress, physical pain, and loss of enjoyment in life. Other Costs: Things like transportation to doctor visits, home care, or modifications to your home or vehicle.
Texas has a “no-fault” workers’ comp system, meaning you don’t have to prove your employer was careless to get benefits. But if someone else caused your injury, like a subcontractor or equipment manufacturer, you might have a personal injury claim — which can mean bigger settlements.
How Texas Construction Accident Damages Get Calculated
Look, insurance companies love to lowball. They want to pay as little as possible. So understanding how damages get calculated helps you fight for what https://socialnewsdaily.com/damages-caps-and-types-in-texas-personal-injury-cases/ you deserve.
Medical bills are a good starting point because they’re concrete. A client of mine, hurt in a scaffold collapse last month, racked up $47,500 in medical expenses alone. The insurance adjuster initially offered $15,000. Why? Because they count on people not pushing back.
Next comes lost wages. Texas workers get paid for the time they’re out recovering. That includes regular pay and sometimes overtime if you had a history of working extra hours. For example, if you made $600 per week and missed 10 weeks, that’s $6,000 right there.
Permanent impairment ratings come from doctors using guidelines like the American Medical Association’s. The higher your rating, the more compensation for future challenges. A 15% impairment rating might translate to $30,000 or more depending on the injury.
Pain and suffering is the wild card. There’s no fixed formula in Texas. Often, lawyers multiply your actual damages (medical bills + lost wages) by 1.5 or 3 to estimate pain and suffering damages. So if your actual damages are $50,000, pain and suffering could add another $75,000 to $150,000. But not every case gets these damages. It depends on your injury and facts.
Work Injury Compensation Texas Workers Should Know About
Texas doesn’t require private employers to have workers’ comp insurance. That’s a big deal. If your employer doesn’t have it, your options get trickier. You might have to sue for negligence rather than just file a workers’ comp claim.
But if your employer does have workers’ comp, here’s what you should expect:
- Medical Benefits: Full coverage for necessary treatment related to your injury. Income Benefits: Typically around 70% of your average weekly wage, up to a state-set maximum. As of early 2024, that max is about $1,152 per week. Impairment Income Benefits: For lasting damage after treatment ends. Supplemental Income Benefits: If you can’t earn as much as before. Death Benefits: If the worst happens, your family may get compensation.
If your employer doesn’t carry workers’ comp, you might be able to sue under Texas’ “Texas Workers’ Compensation Act” exceptions. For example, if the injury was caused by a third party or gross negligence by the employer.
Negotiating a Construction Site Injury Settlement
Insurance companies want a quick settlement - usually less than what you deserve. Here’s the truth: they bank on people being desperate and uninformed. Don’t be rushed.
Start by gathering all your medical records, bills, pay stubs, and any accident reports. You’ll need these to back up your damages. You also want to get a formal impairment rating from your doctor before settling.
I had a client injured in an electrical shock on a Houston site last year. The insurer first offered $22,000. After pushing back with detailed bills and a doctor’s report showing a 10% impairment, they bumped it to $67,500. The difference was all about documentation and not accepting the first offer.
Settlement talks often involve multiple rounds. Sometimes the insurance company will delay or claim your injury isn’t as bad as you say. That’s when a lawyer’s experience helps. We know how to value cases based on past verdicts and settlements with companies like Travelers or Liberty Mutual.
Legal Deadlines You Have to Watch in Workplace Accident Damages Texas
Here’s a big one: Texas has strict deadlines called statutes of limitations. For personal injury claims, you generally have two years from the accident date to file a lawsuit. Miss that, and you lose your right to sue forever.
Workers’ compensation claims have different rules. You usually must notify your employer within 30 days of the injury. Waiting too long can mess up your benefits. Also, you should file your claim with the Texas Department of Insurance within one year.
If you’re thinking about a third-party claim (like a subcontractor was at fault), keep in mind the two-year deadline applies there too. Sometimes people wait, thinking their case will get better with time. But medical records and witness memories fade fast. It’s best to act quickly.
Strategies to Maximize Your Construction Site Injury Settlement
Here’s the thing about settlements: they’re not just about the injury. It’s how well you present your case and how you negotiate.
1. Document Everything: Keep copies of all medical visits, treatments, and bills. Write down how your injury affects daily life and work. A diary can be surprisingly powerful.
2. Don’t Accept the First Offer: Insurance companies often start low. You can negotiate up. Remember the client with the scaffold injury? They started at $15,000 and ended with $47,500 because we refused to settle early.
3. Get a Lawyer Early: A Texas personal injury attorney specializing in construction accidents will know how to value your claim and deal with insurance adjusters. Many lawyers work on contingency, so no upfront fees.
4. Understand Your Case Value: Look at similar cases. For instance, a worker injured in a crane accident in Dallas last year settled for $125,000 after two months of negotiation. Knowing your case’s worth helps you avoid lowball offers.
5. Don’t Post About Your Injury on Social Media: Insurance companies often look for anything that can reduce your claim. Photos or posts showing you doing activities you said you couldn’t do can sink your case.
What Happens If You Can’t Reach a Settlement?
If talks stall, you can file a lawsuit. That step might make insurance companies take you more seriously. But lawsuits can take months or years and cost money upfront. Usually, settlements happen before trial.
Still, if you have a strong case, a trial can get you more than a settlement. For example, in a 2022 Houston trial involving a worker hurt by faulty scaffolding, the jury awarded $210,000 in damages after the insurance company refused to settle above $80,000.
Common Mistakes Texas Workers Make After Construction Site Injuries
Look, I’ve seen it all. People rush to settle without knowing their full damages. Others forget to report the injury to their employer. Some sign papers without reading them. Big no-no.
One client accepted a $10,000 settlement after a forklift accident and later learned his medical bills were $38,000. He lost the chance to claim more because he signed a full release.
Don’t be that person. Take your time. Get advice. Your injury might cost you way more than you think.
FAQ on Texas Construction Accident Damages and Worker Rights
Question Answer What types of damages can I claim after a construction accident in Texas? You can claim medical expenses, lost wages, permanent impairment, pain and suffering, and other related costs like transportation or home modifications. Do all Texas construction workers have workers’ compensation coverage? No. Private employers aren’t required to carry workers’ comp. If your employer doesn’t have it, you might need to file a personal injury lawsuit. How long do I have to file a claim or lawsuit after a workplace accident? You generally have 30 days to report the injury to your employer and one year to file a workers’ comp claim. Personal injury lawsuits must be filed within two years of the accident. Can I sue a third party if they caused my construction site injury? Yes. If someone other than your employer caused your injury, like an equipment manufacturer or subcontractor, you can file a third-party claim for additional compensation. How is pain and suffering calculated in Texas construction accident cases? There’s no set formula. Lawyers often multiply your actual damages by 1.5 to 3, but it depends on the injury’s severity and case facts. What should I do if the insurance company offers a settlement? Don’t accept the first offer. Review it carefully, gather all your medical and wage records, and consider consulting a lawyer before agreeing. Can I get compensation for future medical treatment? Yes. If your injury requires ongoing care, you can include future medical expenses in your damages. What if my employer retaliates after I report a construction accident? Employer retaliation is illegal. You should contact a lawyer immediately to protect your rights. Are there limits on how much I can get in workers’ comp benefits? Yes. Texas sets maximum weekly income benefits, currently about $1,152 per week, but personal injury claims can exceed this limit. Is hiring a lawyer expensive for a construction accident case? Most personal injury lawyers in Texas work on contingency fees, meaning they get paid only if you win a settlement or verdict.Construction site injuries in Texas bring enough headaches. Don’t add confusion about your rights and damages to the list. Knowing what you can claim, how to handle insurance, and when to get legal help puts you in control. That’s the best way to get the settlement you deserve.