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Construction Site Accidents – Compensation For Injuries
The Type of Compensation that Injured Workers can Expect from Subscriber Companies Workers’ comp does not include coverage or reimbursement for any pain, suffering, or even general damages, aside from the income and medical expenses specified. Wages you lost while you were absent from work, recovering from your accident, capped at a maximum of $600 per week, may be paid to you. Let’s say you’re a carpenter who earns $1,200 a week for 50 hours of work. It takes a month for you to recover enough to return to work. That means you earned 50 percent of what you normally take home. So your monthly budget has taken a big hit. You are entitled to complete reimbursement for all your medical costs, such as those surrounding medical treatment, prescription and over-the-counter drugs, and other medical supplies needed to recover from your injury. Ongoing treatment and medical needs are also potentially reimbursable. Suppose you incur travel expenses seeking medical treatment, supplies, and prescriptions. In that case, those may likewise be recovered, but if you become disabled, other than a four-figure initial payment sum, this formula and cap amount hold true even if you’ve been permanently disabled and cannot work for the rest of your life. In other words, you may have to make do with such paltry benefits for the rest of your life. You and your family might never get out of that “void” if your compensation package is limited only to workers’ comp. Are you seeing the value of negligent third parties who can be proven liable and become a rightful supplemental compensation source? More on this webpage
Liable Non-Subscribers to Workers’ Comp Can be Employers or Third parties-subscribing companies with almost unlimited liability to be sued. In contrast, a subscriber employer is protected against lawsuits, and the damages assessed against them are much more limited. By choosing not to be forthright about their worker’s comp status, a liable employer may lead an injured employee to think that he or she has little in the way of redress and that the employer has little in the way of liability. As we’ve mentioned, a non-subscribing (or uninsured) company may even try to pay an injured employee out of pocket (and usually off-the-books, while saying that the money is coming from an insurer or workers’ comp. Accepting such an explanation (and quick settlement, which is a lowball attempt) is undoubtedly never in your best interest. Always remember: if you are injured or hurt in a scaffolding or other construction fall, you’re probably entitled to far more compensation than you would receive, regardless of the coverage. The hush money offered is almost certainly a pittance compared to what the law would likely find in your favor.
To further punish non-subscribing employers, Texas workers comp laws remove the damage cap that would be in place if the employer had purchased workers comp insurance. The crane accident victim must merely prove standard negligence, even if the employer only committed a momentary lapse in safety. As you can guess, the laws governing these principles are incredibly intricate. So to succeed, you will need a crafty crane-related accident lawyer to assist you through every complexity of this challenging legal process. However, just because there’s no workers’ comp court red tape doesn’t mean it’s easier to ensure your right to compensation. It’s a legal action like any other, and as with any severe matter, you need professional representation. The non-subscriber employers (insurance companies) will almost always contest your claims. There are two unique challenges that you need to anticipate when trying to collect from or use a nonsubscriber. The first one is this: even though they don’t carry workers’ comp, non-subscribers usually carry some form of insurance if they’re smart. It will be responsible for paying at least part of your claim: certainly larger than workers’ comp awards. Therefore, not only will your employer have an interest in defending against your claim, but so will his or her insurance company because that’s what it’s for: to get them off the hook or pay the claim if their adjusters and lawyers fail in their attempt. They have a team of sophisticated attorneys in thousand-dollar suits and insurance adjusters ready to attack your case. The adjusters you’ll see in a lawsuit like yours aren’t the same “friendly” adjusters who handle your fender-benders. For high-dollar cases like yours, insurance companies usually use their best people. The adjusters working on these injury cases are highly trained and experienced pros who have gotten to their current positions by denying claims and saving their employers money. They will have teams of attorneys to try to pick apart your claims. They contest your statements. They file nuisance motions. They will do everything they can to make any accident look like you were the sole proximate cause, i.e., wholly responsible for the construction site accident. They will try to undermine any evidence you bring to prove the elements of your claim since you have the burden of proof. All they have to do is say, “prove it.” If you can’t, everything stops right there. Here’s where your falling accident injury attorney’s investigative prowess and experience at countering even the most frivolous counter-charge turns the spotlight of truth back where it belongs: the spot where their client-defendant stands. This is even more complex than it sounds. You must show that the defendant, be it your employer or that third party, is at least partially responsible for the accident, that the defendant’s negligence caused the injuries, and that you are entitled to a specific amount of damages as compensation for your injuries. It might seem like a one-strike-and-you’re-out system most of the time. If you miss evidence on even one of these points, your claim could stand to be dismissed. An experienced legal “pinch hitter” at least gets you three strikes; and a better chance of winning.