Houston Workplace Injury Lawyer
Obtaining workers’ compensation benefits can be a complicated process in Texas. If not handled correctly, your ability to be fully compensated 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 of time 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 the injuries could have been prevented by your employer, 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 with 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.
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 of the incident or videos.
- 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 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 through hiring individuals that have committed serious crimes. Employers who don’t conduct a basic background check can be found negligent in a court of law. Additionally, employers are negligent if they do not provide adequate training or proper supervision, or otherwise maintain safe workplace practices. If you feel that your injury has occurred due to your employer’s actions or inactions, then you need to 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 work place and that the employer failed to provide such.
- 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 indeed due to the employer’s negligence in failing to provide a safe workplace.
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.
Talk to Us About Your Workplace Accident and Injury. Call for a free consultation today.