Workers' Comp vs. Injury Lawsuit: Alton, Texas Construction Accident Claims

After an Alton, TX, construction site accident, an injured worker may file a workers’ compensation claim to seek financial recovery. However, workers’ compensation benefits often fall short of the extent of damages a wounded worker endures. When a third party is liable, victims of work injuries have an opportunity to seek comprehensive injury compensation by hiring a lawyer and filing a lawsuit.

The Alton work injury lawyers at Carabin Shaw can help you with your workers’ compensation claim and personal injury lawsuit. Our legal team will help you understand your options after a construction accident and ensure you receive the maximum compensation possible for your circumstances. We offer our services on a contingency-fee-basis and have English- AND Spanish-speaking staff. Our law firm aims to make excellent legal advice accessible to all injury victims.

After a work injury, the medical bills can become overwhelming. The injured worker is typically unable to work until their injuries heal, adding to the financial challenges. Workers' Compensation in Texas prevents you from suing your employer after a work accident. You can only sue if an employer does not subscribe to workers’ compensation, and the court must deem the employer’s actions negligent.

When you file a workers’ compensation claim, the insurance company will pay you benefits based on your weekly wage calculations and necessary medical treatment. While you can dispute benefits and appeal the workers’ comp decisions with the assistance of a lawyer, the workers’ compensation insurance company is often the final word in work injury compensation on Texas construction sites.

Victims may file a workers’ compensation claim and a personal injury lawsuit when a third party is liable for construction accident injuries. This allows them to seek comprehensive compensation that is more in line with their actual damages in an Alton, Texas, work accident.

Third parties are people or entities who are not the plaintiff's employer in a personal injury lawsuit. They are not protected from workers’ compensation insurance, but the court must find them negligent in awarding damages in a lawsuit.

Examples of third parties in construction accidents include:

• Contractors
• Subcontractors
• Property owners
• Equipment manufacturers
• Rental companies
• Maintenance companies
• Municipalities/government entities
• Private citizens passing through the site
• Architects and engineers

One example of a third-party claim may be an injured worker seeking compensation from an engineer after an improper load calculation caused a roof to collapse. Another example is an electrical subcontractor leaving a live wire exposed that electrocutes a construction worker, causing them to sue for injuries. At Carabin Shaw, our client reviews show that we offer trustworthy legal advice that helps you to hold the correct party liable for your damages.

The losses from Rio Grande Valley construction accidents extend beyond medical bills and income loss. While workers’ compensation insurance is limited to these remedies, a third-party personal injury lawsuit includes monetary damages for pain and suffering and emotional anguish.

Hiring an Alton TX construction injuries lawyer helps victims to collect evidence, file a claim, and negotiate a settlement. In many cases, you will be able to reach an agreement before a trial becomes necessary. The court gives workers’ compensation insurance companies access to reimbursement (subrogation) from your settlement, but the difference between the settlement and benefits makes the additional litigation worth it.

Calling an attorney is the best way to find out how to get fair compensation after a construction site injury. At Carabin Shaw, we can help you file and negotiate a workers’ compensation claim as well as file a third-party liability lawsuit. Contact our office using our toll-free number at 1-800-862-1260, and schedule a free consultation. Someone is available to speak with you 24/7.

For more information:

• Workers' compensation income and medical benefits
• Chapter 417. Third-Party Liability
• ADVISORY 2004-02