The construction industry reports hundreds of accidents each year, including many where workers are severely injured or lose their lives. However, most of these incidents are preventable and actually occur because employers act negligently.
Texas laws protect injured workers by allowing them to take legal action against the party that caused the accident where they were harmed. Surviving family members have the same rights and can sue employers if their loved ones die in these circumstances.
However, victims or their family members can only file a construction accident claim within a limited period defined by the "statute of limitations." Below is more information about this critical filing deadline.
What Is the Statute of Limitations in Texas?
In Texas, workers who are injured while on duty are required to bring legal action against the at-fault party within two years after the accident occurred.
Typically, injured people have the right to file a personal injury lawsuit against other parties if the incident where they were harmed was caused by their negligence.
This is common in almost any civil claim that involves motor vehicle accidents, slips and falls, personal property damage, dog bites, and abuse.
However, not all personal injury cases that involve construction accidents are handled in the same way. Some people may be eligible for workers' compensation benefits.
In these cases, victims don't have to file a personal injury claim against the at-fault party but try to recover compensation through the benefits granted by their employers.
Workers' compensation cases are subject to a different deadline. Victims need to file the claim no longer than one year after the injury occurred.
If injured employees don't file their claims before this period ends, they may not be able to recover damages.
Exceptions to the Statute of Limitations
Under specific circumstances, victims may have more time to act, as the statute of limitations can be paused or extended.
According to the Texas Civil Practice and Remedies Code, injured parties may be able to file a construction accident lawsuit after the deadline if they:
Are under the age of 18
Have a legal disability
Are in a coma or have another physical condition that stops them from taking legal action
Are on active military duty
Other Exceptions and Requirements
Construction accident victims may also have more time to file a lawsuit against the negligent or reckless party that caused their injuries if the would-be defendant is out of Texas or has committed fraud to conceal the cause of action.
Some cases, such as those that must be filed against government agencies, may be subject to additional notification requirements or different deadlines.
If victims must file a workers' compensation claim, for example, the statute of limitations is one year. However, they'll be required to report their injuries to their employers no longer than 30 days after the accident.
Compensation Victims Could Get In a Construction Accident Case
The amount construction accident victims can recover as reimbursement for their injuries may vary depending on the approach they adopt to handle their cases.
If they're filing a workers' compensation claim, employees or their dependents may be granted the following benefits:
Temporary, impairment, supplemental, or lifetime income benefits
Medical benefits
Burial benefits
Death benefits
People injured in a construction accident or victims' surviving family members who decide to file a civil lawsuit may receive reimbursement for certain expenses and losses if it's proven that a negligent or reckless party is responsible for their damages. For more information, Dallas construction injury attorneys may be able to help.
In these cases, plaintiffs can recover the following:
Medical Expenses
These damages compensate for medical costs related to the accident, such as:
Current medical bills
Future medical expenses
Required medications
Rehabilitation and therapy
Assistive medical devices
Lost Income
When victims miss work due to their injuries, the compensatory sum can also cover their lost wages, considering the income that employees lose from the time they're injured until they recover.
Other Damages
Injured workers or fatal construction accident victims' dependents can recover other damages if they file a lawsuit against the negligent or reckless party and are awarded compensation. These may include the following:
Pain and suffering
Mental distress
Loss of quality of life
Temporary or permanent disability
Physiological impairment
Loss of enjoyment of life
Funeral and burial costs
Loss of consortium
Why Is It Important to Start the Legal Process as Quickly as Possible?
While construction accident victims have up to two years to take legal action against the party that caused their injuries, they shouldn't wait until the last minute. Instead, these individuals should contact an attorney and start building their cases as soon as possible.
The sooner an experienced lawyer begins to investigate these claims, the easier it'll be for them to collect evidence and all the documents that will ensure victims receive the benefits they're entitled to or the compensation they deserve. They can also share more details about the mesothelioma statute of limitations in Texas.
Should Victims Contact a Personal Injury Attorney?
Whether they plan to handle their cases under personal injury or workers' compensation laws, victims may need help from an experienced attorney. They will be able to consult on the motorcycle accident statute of limitations in Texas as well.
Although nothing can guarantee they'll achieve the desired outcome, working with an expert will give them greater chances of winning the claim and recovering fair compensation.
Construction accidents can have severe consequences on people's lives. However, injured workers are entitled to compensation and deserve to have peace of mind during such a horrible experience.
Fortunately, an experienced construction accident attorney can help victims handle the following:
Collect evidence to prove their claims, including medical records
Evaluate their cases to determine if they can be settled out of court
Determine if victims should file personal injury lawsuits or workers' compensation claims
Evaluate victims' eligibility to receive workers' compensation benefits
Help victims appeal the denial of their workers' compensation claim
Help surviving family members file wrongful death claims if they lost their loved ones in a construction accident
Calculate damages to fight for fair compensation, especially if the worker sustained a catastrophic injury
Final Thoughts: Call Schuerger Shunnarah Trial Attorneys Today!
The Texas statute of limitations for personal injury claims is two years. In other words, injured people only have 24 months to take legal action against the at-fault party and pursue compensation.
Workers' compensation cases are subject to different deadlines and requirements, as injured employees have one month to report the accident and one year to file the claim.
However, victims will need help from an experienced personal injury lawyer to build a strong workers' compensation or personal injury case and recover the compensation they deserve.
At our law firm, workers who have been injured in a construction site accident can find the legal counsel they need. Schuerger Shunnarah Trial Attorneys will fight for victims' rights to help them overcome this overwhelming experience. Call us today!