Construction sites are places where workers are often exposed to dangerous situations that may even be life-threatening. When workers are injured in an accident, they are usually involved in extensive legal battles as they try to figure out whether they should opt for filing a workers compensation claim or filing a construction accident lawsuit. This write-up explains the main points of difference between both these types of claims, offering some helpful knowledge to those victims who have gone through injuries related to construction in Plano, Texas.
Table of Contents
Understanding Workers’ Compensation Claims
Workers’ compensation is a type of insurance that relates to the compensation for wages and medical bills for employees who are injured at work. In Texas, including Plano, the workers’ compensation corresponds to a no-fault system, the workers can enjoy the benefit of this even when the employer was at fault.
Key Features of Workers’ Compensation:
- No-fault system: The employees can get benefits no matter who caused the accident.
- Benefits only for a certain period of time: The only thing you get is the medical expenses reimbursement.
- Fast payment: The payment can be obtained in a shorter time.
- Just sue the employer: Workers can only recover from the employer when the employer is responsible.
Understanding Construction Accident Claims
Construction accident claims refer to the personal injury lawsuits which are to be filed by the workers against a third party (not the employer) who may be responsible for the accident. These claims are based on negligence and perhaps one has to prove the fault. A Plano Construction Accident Lawyer is the right person to be consulted to deal with these cases.
Key Features of Construction Accident Claims:
- Fault-based system
- More money can be won
- The process takes longer
- They can be filed against third parties
Key Differences
1. Fault Determination
The main difference between workers’ compensation and construction accident claims is the fault determination. Workers’ compensation is a no-fault system which means that benefits are provided regardless of whose fault caused the accident. On the other hand, construction accident claims are based on the fact that the injured worker has to prove another party’s negligence.
2. Compensation Scope
Workers’ compensation covers the medical costs as well as some of the salary. The amount of pain and suffering will not be compensated with non-economic damages. However, a construction accident claim can be filed to cover a wider range of damages such as pain and suffering, loss of enjoyment of life, and punitive damages in some cases.
3. Legal Process
Usually, workers find the process smoother and quicker when they file a workers’ comp claim as compared to the court process of a construction accident lawsuit. In workers’ comp cases, hearing on administrative matters is conducted in contrast to construction accidents that involve litigation in a civil court. Having a Plano Construction Accident Attorney to assist these victims through this complicated legal process can be highly beneficial.
4. Parties Involved
Insurance companies of the employers are the defendants in workers’ comp claims. Conversely, third parties are usually the defendants in construction accident claims such as the subcontractors, the equipment manufacturers, and the property owners. This distinction is very important because a worker generally cannot ask for compensation from an employer which is already covered for the work-related injuries by providing workers’ compensation insurance to its employees.
5. Statute of Limitations
One year is the statute of limitation in Texas, including Plano, for filing workers’ compensation claims. On the other hand, two years (after the accident) is the statute of limitation for construction accident cases usually. It is vitally important to consult a Construction Accident Lawyer in Plano in order to be truly sure that all the deadlines are being respected.
Case Study: Construction Accident in Plano
For instance, a recent incident in Plano illustrates these differences. A construction worker was hurt when a scaffold suddenly fell, causing his injury. The worker submitted a workers’ compensation claim and received payment that was partial in nature but the insurance company also provided medical benefits. Nevertheless, the examination demonstrated that the roof was put together incorrectly by the subcontractor.
The injured worker took the advice of a Plano Construction Accident Lawyer and chose to take legal action against the subcontractor for the collapse. This lawsuit led to a significantly larger settlement that included additional compensations like pain and suffering and the loss of future earning capacity which had not been included in the workers’ compensation, and the worker was not initially aware of these.
When to Consider a Construction Accident Claim
Despite providing immediate benefits, in some cases pursuing a construction accident claim might be a more lucrative option:
- In case a third party was negligent and cause the injury
- If the injury has caused serious pain and suffering
- If the workers’ compensation benefits are not all the desired amounts that the different parties are entitled to
- Where the injury could cause long-term or permanent disability
In such cases, however, a Plano Construction Accident Attorney should be consulted to clarify an exact course of action.
The Role of a Construction Accident Lawyer in Plano
A Construction Accident Lawyer in Plano is a very important person in the life of the injured workers who are trying to figure out what the legal implications of their accidents could be. They are called to:
- Analyze the situation of the accident
- Discover the persons who can be made accountable
- Present evidence that supports the claim
- Lead tough and complicated legal procedures
- Deal with the insurance companies
- Represent the client in court if the case will go to trial
Conclusion
The knowledge of workers’ compensation and construction accident claim difference is fundamentally necessary to those job-related injured in Plano. Direct medical aid and the drugs are normally paid by the injured employer. However, construction accident claims may offer the chance of a much higher possibility of compensation than workers’ compensation. Each case is different, and the best course of action depends on the specific circumstances of the accident.
If you’ve been injured in a construction accident in Plano, it’s advisable to consult with a Plano Construction Accident Attorney. They can help you understand your rights, evaluate your options, and guide you through the legal process to ensure you receive the compensation you deserve.
Remember, acting quickly is the rule of thumb in such cases. The quicker you act, the more time you have to consult with a lawyer and shield your rights. Certainly, with advice from professionals, you become capable of maneuvering these twists and turns that come with construction accident claims, and you can focus on healing.
