How Does Workers’ Compensation Work for Construction Firms?

October 28, 2024

Workers can get hurt at any job, but the construction industry offers more than its fair share of hazards. This is why employers need to understand the workers’ compensation system and how they can ensure that their employees are well-protected. Here are a few things that our Houston construction accident lawyers think that you should know.

Do Employers Need Workers’ Compensation Coverage?

Many states require all employers to carry workers’ compensation insurance. Texas is not one of them. However, certain employers are required to carry coverage. This can include:

Public employers : Cities, counties, and state agencies can all participate in construction projects. They must have workers’ comp coverage when they do.

Contractors who work on public projects : If your company works for government entities, you must have coverage. This is true even for private companies and contractors. If you work with the government, you need workers’ comp coverage.

What Are an Employer’s Responsibilities Under the Workers’ Compensation System?

Aside from opting into insurance themselves, employers have a few responsibilities under this system. They must:

  • Report injuries to their insurance carrier
  • Do their best to provide a safe work environment
  • Notify new employees about workers’ compensation coverage and how it works
  • Keep records about workplace injuries, illnesses, and deaths
  • Help injured workers return to the job, if possible.

When Are Injured Employees Not Eligible for Workers’ Compensation?

Usually, a worker just needs to show that an injury occurred at work in order to claim workers’ compensation. However, there are some situations in which a claim can be denied. Some common arguments from an insurer include:

  • The injury did not actually happen at work
  • The injury only occurred due to “horseplay” between employees
  • The claimant had a pre-existing condition
  • The claimant or other workers were using alcohol or drugs and that contributed to the accident

Can I Be Sued Personally If I Don’t Have Insurance?

In some cases, yes. A personal injury lawsuit is a bit more complicated than a workers’ comp case though. In a personal injury case, negligence is key. The employee who sues needs to show that you were at fault somehow. When someone claims workers’ compensation, fault does not really matter. It only matters that the injury occurred at work.

It can be harder to sue an employer personally, but it’s not impossible. If someone can prove negligence on the part of your company, they may be able to claim even more compensation than they would have secured through the workers’ comp system. This is because workers’ compensation doesn’t address some types of damages, like pain and suffering. An employee could win pain and suffering damages from you in a personal injury lawsuit though.

Talk to Our Construction Industry Lawyers

If you want to learn more about workers’ comp and how you can protect your business, contact Patout & Shaw. We can schedule a consultation and help you learn more about how to make your workplace safer.

December 19, 2024
When navigating the complexities of insurance claims in Texas, it’s crucial to understand the distinction between first-party and third-party claims. Each type of claim involves different processes, responsibilities, and parties. Here, we’ll break down the differences and explain how Patout, Fontana, & Dellis can assist with first-party claims across the Lone Star State. What is a First-Party Insurance Claim? A first-party insurance claim is filed by the policyholder—the “first party”—against their own insurance company (the “second party”). This type of claim is based on the terms and coverage outlined in the policyholder’s insurance contract. Common situations that lead to first-party claims include: Homeowners Insurance: Filing a claim for damages caused by storms, fires, or other covered events. Auto Insurance: Seeking coverage for repairs or medical expenses after an accident, provided the policy includes comprehensive or collision coverage. Health Insurance: Requesting reimbursement for medical expenses covered by your plan. In these cases, the insurance company is obligated to evaluate the claim and provide the benefits stipulated in the policy. What is a Third-Party Insurance Claim? In contrast, a third-party insurance claim is made by someone who is not the policyholder. This type of claim occurs when a third party (someone other than the policyholder) seeks compensation from another person’s insurance provider. Examples include: Auto Accidents: Filing a claim with the at-fault driver’s liability insurance to cover damages or medical expenses. Premises Liability: Seeking compensation for injuries sustained on someone else’s property. Third-party claims typically require the claimant to prove the other party’s liability for the damages or injuries. The Challenges of First-Party Claims in Texas Even though first-party claims involve your own insurance company, they can still be challenging. Insurance companies may: Dispute the value of your claim. Deny coverage for specific damages. Delay the claims process unnecessarily. Texas law holds insurance companies accountable for handling claims fairly and in good faith. If you believe your insurer is not honoring its obligations, you may have grounds for legal action. Why Choose Patout, Fontana, & Dellis for Your First-Party Claim? At Patout, Fontana, & Dellis, we specialize in assisting Texans with first-party insurance claims. Our team understands the tactics insurance companies use to undervalue or deny claims, and we’re committed to ensuring policyholders receive the benefits they’re entitled to. Here’s how we can help: Comprehensive Claim Evaluation: We review your policy to ensure all applicable coverages are included in your claim. Expert Negotiation: Our attorneys negotiate directly with your insurance company to secure fair compensation. Litigation Support: If necessary, we’re prepared to take your case to court to protect your rights. Serving Texans Statewide From Houston to Dallas, Austin to El Paso, Patout, Fontana, & Dellis proudly serves policyholders throughout Texas. Whether you’re facing a denied claim, underpayment, or unnecessary delays, our team is ready to advocate for you.
November 11, 2024
Every construction firm or contractor needs to know how they will respond to and prepare for delays and cost overruns. The post How Can I Allocate Risk for Delays and Cost Overruns? appeared first on Patout & Shaw.
November 4, 2024
There are many benefits of arbitration that construction industry players can appreciate when trying to solve disputes. The post What Are the Benefits of Arbitration in Building Industry Disputes? appeared first on Patout & Shaw.
October 21, 2024
Having the right personal protective equipment on hand is a necessity for any company working in the Texas construction industry. The post What Are Personal Protective Equipment Standards in Construction? appeared first on Patout & Shaw.
October 14, 2024
The Endangered Species Act needs to be considered any time a construction project could impact the habitat of an endangered animal. The post How Can You Comply With the Endangered Species Act? appeared first on Patout & Shaw.
October 7, 2024
If confidentiality is important to you, litigation isn't be the best way to solve a dispute. Our lawyers can help you find other methods. The post How Can I Maintain Confidentiality in Construction Dispute Resolution? appeared first on Patout & Shaw.
September 30, 2024
If you want to adhere to Fair Housing Act standards, talk to our lawyers and make a plan to learn all related rules. The post How Can I Meet Fair Housing Act Standards in Building Design? appeared first on Patout & Shaw.
September 23, 2024
Surety bonds are used to protect property owners and mitigate some types of risk during a construction project. The post How Can Surety Bonds Help Manage Construction Risks? appeared first on Patout & Shaw.
September 16, 2024
When you draft and sign a construction contract, you should be sure that it contains all of these key provisions. The post What Are Some Key Provisions in Construction Contracts? appeared first on Patout & Shaw.
September 9, 2024
Our construction lawyers can help you find and vet expert witnesses who can help you make your case during arbitration proceedings. The post How Do You Select Expert Witnesses in Construction Arbitration? appeared first on Patout & Shaw.
More Posts
Share by: