We Proudly Serve Workplace Accident Victims Injured Across The State of Texas
Workplace Accident Lawyer
In 2018, Texas recorded 177,977 nonfatal work injuries and illnesses. Of those, 30% or 51,250 were serious and necessitated days off from work — an average of 9 days. In 2018, there were 2.834 million nonfatal workplace injuries and illnesses in the United States. That is someone being injured at work every seven seconds, on average.
The statistics are disturbing. If you’re searching for a lawyer who can assist you with your work accident claim, Texas Personal Injury Lawyers is the ideal location to go. Our staff of attorneys are experts in work injury claims and provide our clients with the individualized service they deserve. We give not just legal counsel but also sympathetic attention. We may assist you if you visit a doctor but wish to switch firms and your insurance will not allow it. You have the right to property that must be safeguarded. Allow us to assist you in exercising your rights. Please contact our office right now for a free preliminary consultation with one of our experienced work injury attorneys.
What Are My Legal Rights After I Was Injured At Work?
Every state has laws that require workplaces to provide their employees with a safe and healthful environment. Employers sometimes fall short in this obligation, causing employees to be injured as a consequence. Occasionally, even when every effort has been made to make a workplace safe, workers may still be hurt on the job. These injuries can range from limb fractures to worsening of pre-existing conditions and occupational diseases, as well as psychological trauma. Each state has a system in place to assist workers who have been hurt at work.
What Are My Rights After A Workplace Accident?
Workers’ compensation is a highly complex issue, and the rules in each state vary considerably. The rights of an injured worker can also differ considerably, as well as the various legal procedures required to safeguard those rights.
However, there are certain legal rights that are shared by most states.
- You have the right to bring a workers compensation or state industrial claim against your employer.
- You have the right to obtain medical care and treatment, according to your state’s laws.
- If you are allowed to go back to work by your doctor, you have the right to return to your job.
- If you can’t go back to work because of an injury or illness and aren’t able to do so for any period, you are entitled to some sort of disability compensation.
- When you file a claim, the employer has to defend itself. You have the right to appeal any decision by your employer, the firm’s insurance company, or the workers’ compensation court if you believe they are incorrect.
- You have the right to be represented by an attorney throughout the procedure.
Understanding your rights to act as an employee is equally essential to comprehending your right to reject certain demands or offers. If, for example, you are hurt and your employer encourages you to use your own health insurance to pay for medical care, you have the option of saying no.
If your employer offers you any sort of incentive in an attempt to persuade you not to file a workers compensation claim, this is unethical. You have the legal right to refuse.
According to state laws, you may pursue a workers’ compensation claim without fear of retaliation or harassment from your employer. If your employer makes it difficult for you to use these rights, the fines that may be imposed on him or her are considerable. It is unlawful for your employer or supervisor to harass you at work or make it difficult for you to do your task if the filing of a workers compensation claim was the cause.
When I’m Injured at work, What Can I Do to Keep My Rights?
The most crucial method, and also the simplest approach, to safeguard your legal rights is to notify your employer of your accident. Most states require you to disclose your injury within a specific time period, usually 24 hours or less after the event.It is usually impossible to give an exact description of the accident in a police report, but you need to do so as soon as possible.
The next action you can take to safeguard your rights is to file a claim with the workers’ compensation court or industrial court in your state. This informs your employer, the court, and your employer’s insurance carrier that you’ve been hurt.
Certain automatic safeguards are put in place the moment your case is filed, and we’ll look at those in the next section.
What Are My Rights if a Third Party Is Involved in the Accident?
It’s also possible for a third party to be responsible for your work injury. A designer or maker of a faulty piece of equipment, for example, may be held liable if you were hurt on the job as a result of his negligence. You might be able to bring a claim against someone else if you are harmed at work owing to the carelessness of another individual or entity. These are known as “third-party claims.” Typically, these claims aren’t filed through workers’ compensation. Rather, they are filed in state or federal courts as civil claims.
Work-related injuries can result in expensive legal battles, which may involve seeking additional personal injury compensation that is not recoverable under workers’ compensation. The money you receive through a workers’ compensation claim, for example, is generally supposed to reimburse you for medical expenses and lost wages; however, you are rarely permitted to seek punitive or emotional damages. In a third-party claim, you are typically permitted to recover compensation for pain and suffering, which is considered a form of “non-economic” damages.
- Did your employer ever provide you with any training? (this might include manual handling training, machine operating instruction, or other job-related training). If the response is no, your employer has already violated health and safety regulations.
- Were you given an induction to the job? This would cover things like accident management procedures, exits, and avoiding hazards.
- Did you receive, or was it advised to you, what personal safety and protective equipment you should use to do your task safely? If the answer is no, your employer might be held responsible for your injuries.
- Is your company’s equipment and service machines properly maintained? Were safety guards and mechanisms checked for functionality?
- Were you informed on how to file claims and how to obtain access to the accident book?
- Did the employer make sure there were enough people on duty and that they were adequately equipped with first-aid skills?
- Did your employer make any changes based on reports of possible safety concerns for workers?
Pressure from your employer – threats are illegal
Making a claim is frequently a source of dread for individuals, especially those in the workforce. This worry may be exploited; we realize that your employer may put you under pressure not to pursue personal injury compensation claims.
Employers that are held liable for work-related accidents and injuries incurred at work have no legal power to prevent a worker from bringing a claim. In fact, it is unlawful to suggest redundancy or the threat of being dismissed will follow if a claim is made, whether by means of threats or other pressure, and any employer who does so may face additional legal action on top of this.
Clearly, the injured employee is in sole command of whether or not to pursue a claim. If the injuries are minor and will not have long-term consequences, and if the employee may still work despite the accident and thus not lose wages, they might decide against seeking compensation. However, where the injuries are more serious and a person is unable to work as a result of them, making a claim for compensation is often the only choice and right.
At Texas Personal Injury Lawyers, we generally respond quickly to determine if you have a legitimate claim, simply give us a call at (888) 997-2148 for a free case evaluation , and we will return your call.
Reasons Insurance Companies Give For Denied Claims After A Workplace Accident
Here are two of the most prevalent techniques utilized, as well as ways to fight them.
The first line of defense is to characterize a worker as an independent contractor. People are frequently paid via a 1099 and considered an independent contractor or subcontractor when, in reality, they have very little distinguishing them from any other employee. The problem with this argument is that it’s typically based on the payment method. The labor code and workers’ compensation laws are not the same. Just because an employer refers to someone as a contractor doesn’t imply they’re exempt from pay.The following factors will be factored in:
- How much power did the individual have over daily operations?
- Is the individual wearing a company uniform?
- Was the individual using the company’s resources and equipment?
- Was the individual able to work for different firms or competitors?
- What degree of personal freedom did the employee have in executing tasks?
Another popular approach is to lay the blame on someone who has died. Because the deceased person has no power of speech, he or she can’t defend himself or herself and cannot testify. The insurance company will attempt to call other people to the stand and offer arguments while knowing that the deceased individual cannot speak up. The first problem with this is that there are rules of evidence that restrict a witness’s capacity to testify about what a deceased person said. Second, there are frequently a slew of evidentiary items that can establish the case without the need for a decedent’s statement, such as business records, medical records, videos, and even past conduct. In the end, a skilled personal injury attorney with years of expertise defending these sorts of claims may assist you and your family in avoiding the traps that insurance carriers use to avoid paying your claim entirely.
Contact Texas Personal Injury Lawyers today at (888) 997-2148 for more information or to schedule a free consultation with an attorney.
How the Right Lawyer Can Often Increase the Amount of Your Recovery
Before submitting your claim, you should consult Texas Personal Injury Lawyers if you or someone in your family has been hurt at work or lost a loved one as a result of an on-the-job accident or wrongful death. If you want to obtain compensation for your losses, a lawyer may be able to assist you. These are some of the ways in which hiring an attorney sooner rather than later may benefit you:
- Attorneys can help with the appropriate preparation and submission of required Workers’ Compensation paperwork, eliminating the risk of errors on the part of the insurance provider that might be used as a basis for denying your claim.
- If your employer forced you to perform an exceptionally hazardous task with intentional disregard for your safety, your lawyer may be able to demonstrate “deliberate intent” and urge the court to overrule the “exclusive remedy rule,” which prevents you from suing an employer that has Workers’ Compensation insurance.
- When an insurance company refuses to pay for a cutting-edge therapy that your doctor wants to try and which is classified as “non-standard,” a competent lawyer may be able to persuade the insurer to approve it.
- If your counselor for vocational rehabilitation is pushing you to train for a job you don’t want, your lawyer will fight on your behalf to get you into a training program for the work of your choosing.
- An accident lawyer will dig into the circumstances surrounding your accident and identify any third parties who may be responsible for your damages, allowing you to pursue a third-party liability claim that might increase the amount of money you are able to receive.
Contact Texas Personal Injury Lawyers For A Free Consultation On Your Workplace Accident
Your financial future may seem very gloomy when you’ve been hurt on the job. When, if ever, will you be able to return to work? What else can you do if you can’t work at your regular job? How will you make ends meet and get the appropriate therapy for your injuries? The death of a family member at work may make matters worse, exacerbated by your loss. You require assistance in this trying moment, as well as honest answers to all of your numerous inquiries. Consider a legal firm that can provide you with the support, knowledge, experience, and empathy to handle your case through the legal process following a major workplace injury or death.
Call Texas Personal Injury Lawyers at (888) 997-2148 to schedule your free consultation today. We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely free.