DALLAS CONSTRUCTION & WORK ACCIDENTS
Q: Can I sue my employer if I have a work place injury?
A: Possibly. If your employer has workers compensation, you will need to make a claim with the Texas Workers Compensation. If your employer does not have workers compensation, you may be able to seek compensation for injuries in a jury trial.
Q: What is a “non-subscriber”?
A: A non-subscriber is an employer in Texas that makes a business decision not to carry workers compensation. They are called “non-subscribers” because they non-subscribe to the Texas Workers Compensation Act.
Q: How do I know if my employer does not have workers compensation?
A: By law, the employer must provide written notice in the workplace that they do not carry worker compensation insurance and may notify you in the employee handbook. You may also contact Texas Division of Workers Compensation at (800) 252-7031.
Q: Is an ERISA plan or occupational injury benefit plan or summary plan description the same thing as providing workers compensation benefits?
A: No. If an employer does not have workers compensation, they may create an ERISA plan or occupational injury benefit plan that covers medical bills and lost wages. You still may have a right to file a personal injury claim against your employer even if you receive payment for medical bills or lost wages.
Q: Do I have a right to get copies of documents that discuss the occupational injury benefit plan?
A: Yes. You may request a copy of the occupational injury benefit plan along with a summary plan description.
Q: Can an employer require me to submit medical bills from a work related injury to my health insurance company?
A: Possibly but the medical bills may not be paid if the health insurance policy excludes coverage for work related injuries.
Q: What are common types of injuries that one sustains at work?
A: Common injuries are brain injuries, spinal cord injuries, fractures, broken bones, amputations, loss of vision, burns, back injuries, knee injuries, shoulder injuries, and ankle injuries.
Q: If my employer is a non-subscriber, can they blame a fellow employee for the accident?
A: No.
Q: If am injured while working for a non-subscriber, can I be blamed for the accident?
A: Possibly. The only defenses available to a non-subscriber employer are the employee was intoxicated at the time of the accident or the employee’s actions are the sole reason for the accident. If the non-subscriber employer is at least 1% responsible for the accident, they you may be entitled for compensation for the work related injury.
Q: What types of compensation can I receive?
A: You can receive compensation for lost wages, medical bills, future medical care, future loss of earning capacity damages, pain, mental anguish, disfigurement and impairment.
Q: If a person dies from a work or construction accident, can a claim still be pursued?
A: Yes, under a wrongful death statute a claim can be pursued by spouses, children, and parents of the deceased.
Q: What must I prove to prevail in a “non-subscriber” work place accident?
A: You need to show the employer failed to provide a safe workplace. Examples include failing to train you, failing to provide you with tools and safety equipment, or failing to warn you of a dangerous condition.
Q: If my employer does not have workers compensation or is a “non-subscriber” and pays for my medical bills, lost wages or disability benefits, can I still pursue a claim?
A: Yes but any award by a jury may be reduced by amount of money your employer paid for medical bills, lost wages or disability benefits.
Q: If am sent to a place of business to do work by a staffing or temp agency, can I file a “non-subscriber” claim against the place of business or the staffing agency?
A: Possibly. It depends on insurance used by the place of business where you did the work and staffing agency and the contract between the place of business and staffing agency.
Q: If I was injured while working at a construction site, can I seek compensation from entities besides my employer?
A: Possibly. It depends how much control and authority the other entities had over your work and if there are any written contracts between your employer and the construction site entities.
Q: If I receive workers compensation benefits, can I still file a lawsuit for an injury at a construction site?
A: Yes. You may be able to pursue a claim against someone besides your employer such as a contractor, property owner, subcontractor, or tool and work equipment manufacturer that was involved in your accident and injury.
Q: If I receive workers compensation benefits and then recover money from a construction business or other entity that is not my employer, must I pay back the benefits I received?
A: Yes. A portion of the benefits must be paid back.
Q: If am an illegal alien or a citizen of a foreign country, can I pursue a work or construction accident injury claim?
A: Yes.
Q: Am I allowed to report a work or construction accident to OSHA?
A: Yes. You should report a serious accident to OSHA so OSHA can investigate the accident and make recommendations so the accident cannot happen again. Their number for Texas is (972) 850-4145.
Q: Should you report a workplace accident?
A: Yes. You should immediately report and work place accident and if necessary request medical attention. Failure to report a workplace accident may result in the denial of your claim.
Q: Besides reporting the accident, what else should I do in work accident?
A: You may have to fill out an accident report. It is important to note how the accident happened, identify any witnesses, explain why the employer is at fault and where you are injured. It is important to be as accurate as possible.
Q: Do I need to give a recorded statement to an adjuster?
A: No. Adjusters are not there to help you but are they to minimize the liability your employer.
Q: Should I sign any documents?
A: You should not sign any documents without talking to attorney. By signing documents, you may waive your right to compensation or give them access to your medical records.
Q: Will my employer hire an investigator to videotape me when I am recovering from a work injury?
A: There is a strong likelihood you will be followed and videotaped if you are missing time from work.
Q: What is I am injured at work and my employer will pay for medical bills or lost wages?
A: You should immediately contact a work accident attorney.
