Austin Construction Accident Lawyer

In recent years, construction workers in Austin have enjoyed slightly better wages and working conditions than workers in other parts of Texas due to Austin-specific construction industry requirements. Most famously, construction workers in Austin have benefitted from regulations requiring employers to grant a 10-minute break every four hours.

Effective Sept. 1, 2023, Texas House Bill No. 2127 will eliminate these Austin-specific regulations for the construction industry. Will HB 2127 affect Austin construction accidents, and does it affect workers’ compensation? Let’s learn more about workplace safety and workers’ compensation in Texas.

Can I Claim Workers’ Compensation After a Construction Accident in Austin?

Texas is the only state in the Union that does not require employers to carry workers’ compensation insurance. Private employers may choose not to use workers’ compensation, and these employers are called “non-subscribers.” This means that if you have been injured in a construction accident in Austin, you have different paths to follow in order to recover your damages and receive the compensation you deserve. You may be able to:

• File a workers’ compensation claim. In fact, if workers’ compensation covers your employer, they may file the claim themselves. However, following up quickly and directly with workers’ comp is always best to ensure your claim is handled correctly.
• File a claim with some other type of insurance. Non-subscribing employers may carry different types of liability or accident insurance. These can vary widely, so they should be handled on a case-by-case basis.
• File a personal injury lawsuit. Non-subscribing employers have additional liability, making a personal injury lawsuit often the best way to recover from a construction accident.
• File a wrongful death lawsuit. If you have lost a family member or loved one in a construction accident, especially if the employer was a non-subscriber, you may need to file a wrongful death lawsuit to receive the compensation you deserve.

All construction workers, regardless of their role or their immigration status, are entitled to recovery after an injury. The law allows several different ways for injured workers and their families to recover their damages, but it is important to consult with a qualified Austin construction accident lawyer to determine the best path for your claim.

What Type of Injuries Does Workers’ Compensation Cover?

For covered employees, workers’ compensation covers all construction accident injuries and their associated costs. The most common types of construction injuries are:

• Slip-and-fall injuries. The majority of workplace accidents are slip-and-fall, accounting for about 25% of all OSHA claims. Over 15% of all workplace deaths, and 17% of disabling injuries, are slip-and-fall injuries.
• Caught-in-or-between injuries. Construction workers are at high risk of being pulled into machinery or equipment or being caught or compressed between moving objects. Trench collapses are also classified as “caught-in” injuries.
• Struck-by injuries. Struck-by injuries are caused when workers are hit and injured by objects that are moving or falling on the worksite. Cars, trucks, and other types of vehicles are the most common causes of struck-by injuries.
• Electrocution injuries. Electrocution is also a very common cause of workplace injuries on construction sites.

While these types of accidents cause obvious injuries and require immediate treatment, it is also important to remember that construction workers are susceptible to non-accident workplace injuries that accumulate over time, like hearing loss or repetitive strain injuries. Neck, back, and shoulder pain and strain can cause severe impairment, and they are also eligible for workers’ compensation, although these types of cases can be more difficult.

Because of the unique challenges of workers’ compensation laws in Texas, most attorneys do not handle these types of cases. Of the 95,000 lawyers practicing in Texas, only 40 of them are Texas workers’ compensation attorneys representing the injured worker. Aaron Allison proudly continues the family legacy of supporting those who have been injured at work.

Reasons Why a Workers’ Compensation Claim May Be Denied

Employees can only receive workers’ compensation when their injuries happen within the scope of their work. In other words, a workers’ compensation claim may be denied if:

• The worker was being reckless and not following safety guidelines
• The injury didn’t happen at work and was not work-related
• The injury was the result of a third party, like a reckless or negligent co-worker
• The worker was under the influence of drugs or alcohol

Workers’ compensation claims may also be denied for administrative or procedural reasons: if the claim was filed incorrectly or exceeds the statute of limitations, it will be denied. Incidents that are caused by “acts of God,” like weather or disaster events, are not eligible for workers’ compensation. Finally, some common illnesses, like colds or flu, are not eligible for workers’ comp, even if the illness was caught at work.

If your injury was legitimately work-related and happened within the scope of your duties, you are entitled to compensation for your medical costs, lost wages, and other expenses. If your workers’ compensation claim is denied, it is a good idea to consult with a Texas construction accident law firm. Workers’ compensation has a detailed appeal process for denied claims, and appeals are often successful, but it helps to have a workers’ compensation attorney on your side.

Texas HB 2127 eliminates Austin-specific regulations and requirements, including the construction worker break requirement. It is intended to make it easier for companies to provide services throughout Texas without having to accommodate specific rules and regulations in each city. Austin construction workers are still protected by OSHA and workers’ compensation, but it is more important than ever for construction workers to understand and fight for their rights.

How Can Arron Allison Help?

The Law Offices of Aaron Allison specializes in compensation for Austin construction accident injuries and can pursue workers’ compensation, personal injury, and even wrongful death cases to make sure that injured workers and their families get all the recovery they deserve.

We offer free consultations to injured workers and pursue construction injury cases on a contingency basis, so you pay nothing until we win your case. Contact us online or call our office at 512-474-8346 for more details.