Workplace Injury Attorney
Houston, Texas
Obtaining workers’ compensation benefits can be a complicated process in Texas. If not handled correctly, your ability to fully compensate for your injury or lost wages can be hampered. Don’t let this happen!
Texas law only provides the injured worker (or the family members of a worker who was tragically killed on the job) with a short period to file a workers’ compensation claim. This can hinder you from choosing your own doctor, as well as preventing you from recovering your full lost wages. Also, if your employer could have prevented the injuries, you may have a case outside of Workers’ Comp. If your employer does not have a workers’ comp plan or the employer is at fault for negligence, then you should speak with a workplace accident attorney. Contact us today to learn how we can help you. Call us at 713-893-0305 or fill out our form for your free consultation.
Table Of Contents
What Are Workers’ Compensation Benefits?
Workers’ Compensation is a form of insurance that provides limited benefits to employees due to an on-the-job injury. The purpose of this insurance is to cover medical benefits and a portion of the employee’s salary. The unfortunate issue with workers’ compensation is that the coverage often limits you to doctors selected by your company. Typically, it never fully compensates you for your full medical expenses and lost wages.
In Texas, private companies are not required to provide workers compensation. If you sustain an injury on the job and your employer does not have workers’ compensation coverage you have the right to bring a personal injury lawsuit.
Usually, the only way to receive full compensation for your on-the-job injury is by filing a personal injury lawsuit. For this you will want an attorney that is experienced in personal injury work place litigation. If you do not file a personal injury claim, then your company controls the doctors you can see. They also may refute paying for future medical expenses and all of your lost wages. You also deserve compensation for pain and suffering, physical disfigurement, and other non-economic damages that you may not be entitled to under workers’ comp.
What are My Options if I’ve Been Injured at Work?
Injured workers typically have the following options after a work-related accident:
- Accept Workers’ Compensation benefits from your employer. This can prevent an injured worker from filing a lawsuit against their employer. Additionally, worker’s compensation may not be enough to compensate you for your injuries.
- File a lawsuit against your employer. This option is paramount if there is no workers’ compensation. This allows you to be compensated for past and future medical expenses and lost wages. You may also collect other damages such as: pain and suffering, physical impairment, and more.
- Accept Workers Compensation benefits from your employer, but file a lawsuit against any other third parties/companies that caused or contributed to the accident
What Is Considered Workplace Negligence
Employers have the duty to create a safe work environment for you. The problem is that does not always happen. Employers can be found to be negligent by hiring individuals who have committed serious crimes. Employers who don’t conduct a basic background check can be found negligent in a court of law. Employers are also negligent if they do not provide adequate training or proper supervision or maintain safe workplace practices. If you feel that your injury has occurred due to your employer’s actions or inactions, you must contact a workplace injury attorney today.
While negligence can take place in several forms, your attorney must be able to prove or show the following;
- Breached duty of care—Employers have a duty to provide a safe workplace, and the employer failed to do so.
- An injury occurred – It must be shown that an injury occurred. In some cases, emotional or psychological trauma can be considered when establishing a victim’s injuries.
- The injury was due to the employer’s negligence in failing to provide a safe workplace.
Common Workplace Injuries: An Overview
Workplace injuries can occur in any industry, affecting employees’ health and productivity. Awareness of common types of injuries can help in implementing preventive measures and ensuring a safer working environment. Here’s a closer look at some of the most frequently reported workplace injuries.
Slips, Trips, and Falls
These incidents are among the top causes of workplace injuries across various sectors. Conditions like wet floors, uneven surfaces, and cluttered walkways can lead to slips and trips, which can result in falls that cause serious injuries such as fractures, lacerations, or head traumas.
Overexertion
Overexertion injuries occur due to lifting, pulling, carrying, or throwing activities at work. These injuries primarily affect the musculoskeletal system, including sprains, strains, and muscle tears. Prolonged overexertion can lead to chronic issues such as back pain and repetitive strain injuries.
Struck by/Against Objects
Workers can be struck by objects that can fall from heights or collide into equipment or structures. Such impacts can cause bruises, fractures, and more severe injuries depending on the force and nature of the impact.
Repetitive Strain Injuries (RSI)
RSIs are caused by repetitive motion or overuse of a particular body part. Common examples include carpal tunnel syndrome, tendonitis, and bursitis. These injuries are prevalent in occupations involving continuous typing or assembly line work.
Cuts and Lacerations
Improper tool use, mishandling of sharp objects, or machinery malfunctions can lead to cuts or lacerations. These injuries might be minor requiring basic first aid or severe enough to need surgical intervention.
Contact with Chemicals
Exposure to hazardous substances can lead to chemical burns, respiratory issues, and other serious health conditions. Not adhering to safety protocols when handling chemicals can increase the risk of acute or chronic injuries.
Electrical Shocks
Electrical hazards can lead to burns, shocks, and in severe cases, fatalities. They are commonly associated with construction and maintenance fields but can occur in any workplace using electrical equipment.
Burns
Other common workplace hazards are thermal burns from fire accidents, steam, hot surfaces, or hot liquids. These injuries require immediate treatment and can result in significant downtime from work.
Noise-Induced Hearing Loss
Prolonged exposure to loud environments can lead to permanent hearing damage. Industries such as manufacturing, construction, and entertainment are particularly at risk.
Workplace Violence
Injuries resulting from acts of violence by coworkers or other parties can occur, especially in high-stress environments or where there is insufficient security.
Prevention and Safety Measures
Employers must adhere to strict safety standards and provide regular employee training to prevent these common workplace injuries. Protective gear should be provided and maintained, and all safety protocols should be strictly enforced. Regular risk assessments can identify potential hazards before they cause harm, significantly reducing the incidence of workplace injuries.
Understanding these common injuries and implementing preventive measures are key to maintaining a safe, healthy, and productive workplace.
What do I do if I get injured at work?
- Report the injury to your employer. Your employer needs to know that an “incident” has occurred, and you need to get documentation.
- Get photos or videos of the incident.
- Gather witnesses. Complete contact information is best.
- Seek the advice of an experienced workplace injury lawyer. Even if you are told not to since you will get workers’ compensation insurance money.
What Kind of Damages are Employees Entitled to?
If you have been injured on the job, you could be entitled to the following damages:
- Medical expenses
- Lost wages
- Pain and suffering
- Physical impairment and disfigurement
- Punitive damages in cases involving fatal accidents and egregious safety violations
Was Your Workplace Injury Caused by A Third Party?
A third party is not your employer or a fellow employee. A third party would be a subcontractor, drivers (if you were on the road for work purposes) or manufacturers of defective equipment.
Why Did My Workers’ Compensation Benefits Get Denied?
Workers’ Compensation benefits only cover those that are injured during the course and scope of an employee’s job. If the employee is found to have any responsibility for the injuries or accident, then your claim might be denied.
Contact Kirkpatrick Law
Workplace injuries can be physically and emotionally taxing and can also lead to significant financial strain due to medical bills and lost wages. While prevention is crucial, it’s equally important to secure knowledgeable legal assistance if an injury has already occurred.
Kirkpatrick Law represents individuals who have suffered workplace injuries, ensuring they receive the compensation they deserve. The firm has a thorough understanding of workplace safety regulations and workers’ compensation laws and stands ready to advocate on your behalf.
Hiring Kirkpatrick Law means access to a dedicated team of professionals who provide personalized attention to your case, exceptional legal knowledge, and a compassionate understanding of your situation. They are committed to guiding you through the complexities of your claim and working tirelessly to secure a favorable outcome.
By entrusting your case to Kirkpatrick Law, you will gain legal representation and a powerful ally in your recovery journey. They will help you navigate the legal system with confidence and peace of mind.
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