Ask a Construction Accident Lawyer: Can I Make a Claim If I Was Partially at Fault?

There are certain things that can complicate a construction accident case, so it’s vital you speak to a construction accident lawyer in Houston if you’ve been injured on the job. Sometimes circumstances aren’t so straightforward, and you, the injured party, may be partially liable for the accident that caused your suffering. You can still win compensation—let’s look at some details below.

Ask a Construction Accident Lawyer in Houston: Can I Make a Claim If I Was Partially at Fault?

Most businesses will have their employees covered by workers’ compensation, which is a mainly no-fault form of compensation. This means if you’re injured on the job, then you’re entitled to the benefits paid out by workers’ compensation even if you were partially or totally at fault for your accident.

The fact is that you were still injured at work, and you wouldn’t have obtained that injury if you weren’t working your current job. It’s only fair that workers’ compensation covers you even if you made a mistake that caused your construction accident.

Why Might an Injury Not Be Covered by Workers’ Compensation?

Although workers’ compensation is mainly a no-fault coverage, there are still some factors that prevent you from recovering damages under it. If you were engaging in horseplay, intoxicated, doing something recreational, engaging in wilfully criminal acts, or caught in a natural disaster, then you won’t be covered by workers’ compensation.

Let’s look at an example of how an employee may be partially liable but still covered. Let’s say you knew there was a small chance an old ladder you were using could collapse from under you, but you really wanted to get a specific job done. You climbed the ladder knowing it wasn’t 100% safe, it collapsed, and you were injured as a result. In cases like this, then you will be covered by workers’ compensation despite partial liability.

What If My Employer Doesn’t Have Workers’ Compensation?

If your employer lacks workers’ compensation, then they can still be held liable or partially liable for your injury under personal injury law. You may only receive a partial settlement if you’re somewhat liable for your own accident, but it varies considerably depending on the case. Speaking to an attorney about your specific case if you’re employer lacks workers’ compensation is most definitely the best way to go. Check out this site for the top attorneys in Houston.

How Long Do I Have To File a Claim?

With workers’ compensation, you have 30 days from the time of obtaining your injury to inform your employer about it. Your employer must then inform their insurance company within eight days. You’ll also have to file paperwork relating to your case, but you have a year to do that. This gives you time to recover if you haven’t physically or mentally recovered enough to start dealing with the paperwork.

It’s slightly different if your employer doesn’t have workers’ compensation. You need to tell your employer about the injury and should still file your lawsuit as quickly as possible after obtaining your injury. However, you have a little longer to get the ball rolling. You must file your workplace injury case within two years of the injury occurring.

What Kind of Compensation Can I Get with Workers’ Compensation?

If your employer has workers’ compensation, then you can be compensated for:

  • Lost income
  • Medical bills
  • Wrongful death (if you’re filing on behalf of a deceased loved one)


What Can I Be Compensated for Without Workers’ Compensation?

1. Lost Income

You can be reimbursed for any income you would’ve earned during the time you had to take off work to heal from your injuries. This includes the time you had to take off at the time of the incident and any future time you’ll have to take off to deal with medical issues relating to your injury.

2. Medical Bills

The settlement for your construction accident injury will have to pay your medical bills. The sum should cover medical bills that have already been issued to you after your treatment, plus the cost of any future treatment you’ll need from now until the end of your life.

3. Lost Future Income

Some people are left unable to work after experiencing construction accidents. If that’s the case for you, then you can be awarded a sum to cover what you likely would’ve earned while working throughout the rest of your life.

4. Pain and Suffering

Accidents at work can be very traumatic and leave you emotionally shaken. You and your loved ones can be awarded a hefty sum in emotional damages, depending on the severity of your injury.

You may be partially liable for an accident you sustained at work, but you can still be compensated for it. If your employer has workers’ compensation, then it’s a little easier to be compensated for what you’ve been through. However, a workplace accident falls under personal injury law if your employer doesn’t have workers’ compensation, so you’re covered either way.