Did your injury occur on a job site, in a warehouse, or on someone else’s property? If so, figuring out how you can recover damages for your injury can be confusing. In many cases, insurance may not be enough to cover your needs.
Additionally, liability may extend beyond a simple insurance or workers’ compensation claim. For example, negligence could be a factor that contributed to your injury. As a result, you may have options worth exploring beyond the initial claim process.
Your right to full recovery
If you sustained an injury at work, you might assume that workers’ compensation is your only option for recovery. Workers’ compensation limits may not cover the full extent of your damages. However, if a third party’s negligence caused your injury, you have legal rights beyond workers’ comp.
For example, if a property owner failed to maintain safe conditions and caused your injury, you could pursue a premises liability claim. If you are a construction worker, a negligent subcontractor may bear responsibility for your injuries. You have the right to protection and caution from workplace hazards.
Workers’ compensation typically covers only medical expenses and partial wage replacement. On the other hand, liability claim can help you recover damages for pain, suffering and more.
Understanding premises liability
Property owners and companies have a legal duty to keep their premises reasonably safe. Texas law generally classifies onsite workers as “invitees.” You are not a trespasser, and you have rights to safety.
Because of this status, property owners owe construction workers the highest duty of care. Owners have a responsibility to warn you of unsafe conditions and inspect hazards that may injure people.
Additionally, a premises liability case is a claim made against third parties. In Texas, you generally have 2 years from the date of injury to file a premises liability lawsuit. Workers’ comp claims have different deadlines and often run parallel to third-party claims.
Taking action
In premises liability claims, you must prove four specific elements that led to your injury. These are what you need to prove:
- Causation: The property owner’s failure was the proximate cause of your injury.
- Condition: There is a condition on the premises that posed an unreasonable risk of harm.
- Knowledge: There is knowledge (or reasonable knowledge) that the condition existed.
- Negligence: The owner failed to exercise reasonable care to reduce or eliminate the risk (e.g., they did not display a warning sign).
Premises liability cases often require detailed evidence regarding site inspections, contracts and communication logs. Consequently, if you sustained injuries on a Texas construction site, do not hesitate to document and preserve evidence. Your ability to hold a property owner liable depends on the property owner’s control and their knowledge of the hazards.
If you decide to pursue a claim, you do not have to navigate the legal system alone. Instead, a reliable legal representative can help you understand your claim who is truly liable, and how to protect yourself.