Construction work jobsite injuries in Texas - Workers Compesnation

Construction site workers in Texas have notice and protections under certain areas of workers compensation law.  This may to apply to your construction site, you as a contractor and protections under OSHA (Occupational Safety and Health Administration).  This article will explain what steps to take if you are injured as a contractor or on a construction site.

Notice of Coverage

This is the most important first step in learning what help you may be able to receive.  How are you an injured worker supposed to know where to turn to for help if your job does not tell you what coverage you may have?

From the guidebook...

Your employer is required to explain your coverage situation when you are hired. That is, what, if any, “coverage” your company offers if injury occurs. The most common type of coverage is workers’ compensation (WC) insurance. Typically, you’ll receive information about workers’ compensation insurance when you fill out your W-4 or other hiring paperwork (I-9) TX R 110.101. The company is also required to post a clearly visible notice or sign that describes the coverage provided. The visible notice is required for any job site, even a construction site or temporary work site. If the job does not offer WC coverage the company is required to tell you so and display a sign as well. Either way, as a worker, you have a right to know your coverage situation.  If your employer makes a change to its coverage, such as adding or dropping WC coverage or any other plan, it must give you notice ahead of time, usually 15 days. Your employer is also required to notify the State of Texas of any coverage changes.

If you your coverage status is not posted or your employer cannot verify this for you contact the Texas Department of Insurance (TDI).  They can verify coverage status for you.  TDI phone 1-800-252-7031.

Below is an example notice for construction projects.

What to do if you have workers compensation coverage and you have been injured working construction?

First, seek the medical care you need

Next, notify your employer as soon as possible

If you have workers compensation coverage your employer should provide you with the name of an insurance company that will handle your claim and care.

File a injury report with TDI as soon as possible. DO NOT WAIT. Do not let your boss talk you out of filing this report or waiting to do so. PERIOD. This one piece of paper is critical to your care and benefits. Even if your injury seems minor now, do not wait. By law you have one year to file your injury claim. Do not wait this long, even if your insurance company tells you not to.

Contact TDI by phone 1-800-252-7031 to start your injury claim or file online. 

You must file a DWC-041 form with TDI to have your injury covered by workers compensation.

Contractors

From the guidebook...

Regarding any contract work, independent contractors or sub-contractors are not covered unless you have a prior written agreement in place. The only exception to this is if you are a contractor for a government agency or project. If you work for the government in any form, even as a contractor, always verify your situation and coverage. 

Not only do construction contractors have to deal with one of the highest occupational injury rates in Texas, but it is also estimated that around 40% of construction companies do not carry insurance when required. (1) If you are injured but do not have coverage because you remployer does not provide insurance, your job is not eligible, or you have opted out, you may still have some options. Your first action should be to double-check with TDI and verify what the company status is. Many employers do not update or notify TDI properly, and their negligence may provide an opening for legal action against your employer if you do not have proper coverage or have not been notified of your coverage. If you have any written agreement with your company, always check the fine print for your legal options. For most companies with four or more employees in Texas, even if the employer is not a subscriber, they are still required to report injuries to TDI if they meet the following

• Any injury that requires overnight hospital care
• Any occupational illness
• All fatalities

Or, if your injury involved a third party other than your employer, you may be able to recover personal injury damages from the other party. For instance, if another driver hits someone who is driving as part of their job. In this case, it’s likely the other driver would be responsible for covering costs for injury or property damage.

Want to learn more about OSHA in Texas?  Read this article on construction, OSHA, Texas and injured workers rights. 

(1) Root, Jay. “Hurting for Work: A Disposable Workforce.” Trib Investigates. The Texas Tribune, June 29, 2014. https://apps.texastribune.org/hurting-for-work/.

Purchase the guidebook, Injured on the Job -Texas today for more information on how to navigate the Texas workers compensation system. Including information on medical care, pay & wages, treating doctors and how long you can receive benefits.