Workers' Comp and Third-Party Claims After a Seagoville TX Construction Injury

Getting enough compensation from workers’ compensation in Texas is almost impossible because it does not provide benefits for non-monetary losses. You don’t get compensation for emotional anguish, pain and suffering, or the other losses you may experience that don't come with a medical bill or loss of wages. Hiring a lawyer for a third-party claim is one way to seek comprehensive compensation that covers all your losses.

If you’ve suffered a construction injury in Seagoville and don’t know how to pursue your legal right to compensation, Texas work accident attorneys at Carabin Shaw can help. We encourage you to read our client reviews and find out how we help Texas workers maximize their compensation after an on-the-job accident.

Workers’ compensation benefits after a work accident include:

• Income: Temporary, impairment, supplemental, or lifetime benefits based on your average weekly wage (AWW).
• Medical: Necessary and reasonable medical treatment from in-network providers for Seagoville construction injuries.
• Burial: Up to $10,000 for reimbursement of burial costs.
• Death: Income for the spouse, children, or other dependents of the deceased worker based on his or her AWW.

If you disagree with the benefits workers’ compensation insurance delivers, you may formally dispute your case. Having a Seagoville attorney to represent you during this time prevents mistakes that could negatively impact compensation.

The benefits received from workers’ compensation are essential for workers to maintain their livelihood after construction injuries in Seagoville, Texas. However, they don’t cover the entire scope of a worker’s losses. Only a personal injury case can do that.

In a Texas personal injury case, plaintiffs can receive compensation for:

• Economic losses: Medical bills, property damage, loss of income, and other calculable damages.
• Noneconomic losses: Pain and suffering, emotional anguish, loss of relationships, disfigurement, reputation injury, and inconvenience.
• Exemplary damages: Punitive damages the court award for gross negligence.

These damages cover a much broader scope of injury, and injured workers should pursue them when there is legal opportunity.

There is often no opportunity for a Seagoville TX personal injury claim against an employer because worker’s compensation protects employers from lawsuits. Therefore, an employee can only sue his or her employer if that employer does not subscribe to workers’ compensation insurance. Texas is the only state that does not require all employers to subscribe to worker’s compensation insurance. Other states offer exemptions for certain types of workers.

The exception to workers’ compensation liability protection is if an employer’s gross negligence caused a construction worker’s death. Examples of employer gross negligence might be failing to provide personal protective equipment or ignoring employees’ safety concerns. In these cases, the immediate family members of the deceased construction worker can hire a Texas lawyer and sue the employer. The court may award them punitive damages on top of their claimed damages.

Third parties do not have liability protection from workers’ compensation insurance companies. Construction accident attorneys in Texas can file lawsuits against them. These parties are outside the employment relationship and may consist of:

• Property owners
• Subcontractors
• Equipment manufacturers
• Engineers or architects
• Government entities
• Maintenance companies
• Rental companies

Plaintiffs may file a third-party personal injury lawsuit and a workers’ compensation claim simultaneously. The workers’ compensation insurance company then has the right to a portion of the verdict commensurate with the benefits already delivered to the injured worker.

At Carabin Shaw, we want to make it easy for you to seek compensation after a work injury. That’s why we have English- AND Spanish-speaking staff and offer our services on a contingency-fee-basis.

Our legal team has decades of experience navigating workers’ compensation claims and personal injury lawsuits. Call our toll-free number at 800-862-1260 to schedule a free consultation. Someone is available to speak with you 24/7.

For more information:

• TDI
• TDI
• Texas Statutes 41