Getting hurt on the job can turn your life upside down. One minute you are doing your regular job; then, you are in pain, medical bills pile up, and your income is uncertain.
If you have suffered a workplace injury in Texas, you are not alone; a workplace injury attorney in Texas can help you.
Accidents happen daily at construction sites, oil fields, warehouses, and offices. Texas has more workplace accidents and fatalities than any other place in the United States. The hundreds of work-related deaths annually prove this fact.
The good news is there are laws that protect injured workers, and a workplace injury attorney in Texas will assist you through the process of receiving compensation and support.
Why workplace injuries are a big issue in Texas
Work injuries can range from minor cuts to life-changing accidents. In certain industries throughout Texas, serious injuries are regrettable occurrences.
This is from the busy construction sites filling in our cities to the oil and gas fields, energy, and goods moving through the active transportation and warehouse hubs.
These jobs have risks, and if safety is not taken seriously, workers get hurt. Texas has the unfortunate distinction of being ranked highest in fatal work injuries compared to all other states.
Hazardous industries, such as oil drilling, trucking, and construction, contribute to such alarming figures. Every injury and loss represents not just a statistic but a hardworking Texan whose life has been derailed. And that’s where safety regulations come in and why injured workers have rights to compensation.
Another unique factor is the Lone Star State’s approach to workers’ safety laws: Texas is the only state in the nation that doesn’t require private employers to carry workers’ compensation insurance.
Some Texans work for non-subscriber employers-companies opting out of the state workers’ comp system. In those workplaces, if accidents happen, it can be more complex getting fair compensation.
Whether your employer has workers’ comp insurance or not, it is important for you to learn what rights you may have after a workplace injury. You can do this by talking with a workplace injury attorney in Texas.
Understanding workers’ compensation in Texas
- Subscriber employers
Workers’ compensation is a state-regulated insurance program that pays benefits to employees who are injured on the job. If your employer subscribes-participates-in the Texas workers’ comp system, you can generally receive medical treatment and some lost wages through this no-fault insurance.
There is a catch, however: if your employer has workers’ comp, you generally cannot sue the employer for a work-related injury.
Workers’ comp is typically the “exclusive remedy,” meaning those benefits are your only option, rather than a lawsuit, even if your employer’s negligence caused the accident.
There are a few narrow exceptions-for instance, certain industrial accidents, such as ones involving specific equipment or asbestos, may still allow a lawsuit, but those cases are rare.
- Nonsubscribers employers
On the other hand, if your employer is a non-subscriber, it means they do not carry workers’ compensation insurance, and Texas law gives you the right to file a regular personal injury lawsuit against such an employer based on negligence.
Consequently, you can then seek full compensation in court, such as all your medical expenses, lost income, pain and suffering, etc.
As a matter of fact, the law even prohibits non-subscriber employers from using certain defenses; for instance, they generally cannot blame a co-worker or say you “knew the risk” as a defense if they were negligent.
This is a protection for employees in places of employment where workers’ compensation is not provided. Since such cases involve proving fault on the part of the employer, having a workplace injury attorney in New York becomes more important in helping to build up your case.
Key points of the laws in Texas
Texas private employers are not required to carry workers’ compensation insurance. If they do, they usually notify the employees. Often, notices are provided at the time of hire, and usually, workplaces post such notices with the insurance information.
If you are unsure, you can always ask HR or even call the Texas Department of Insurance to find out whether your employer has coverage. This is important to know because it changes how you pursue compensation.
If your employer has workers’ comp, you must file a workers’ comp claim. You generally cannot sue the employer except in very rare instances, but you may have a claim against third parties if a negligent equipment manufacturer or subcontractor contributed to your injury.
A workplace injury attorney in New York can identify whether there is any third party that can be sued in addition to your comp claim.
If your employer does not have workers’ compensation, you can sue the employer for negligence. You will then need a workplace injury attorney in Texas who can assist you in filing a personal injury lawsuit.
You must prove the company’s negligence caused your injury, but the potential compensation is broader than workers’ comp provides.
Why do you need a workplace injury attorney in Texas
One question that many people ask themselves after a severe workplace injury is whether they really need the services of a workplace injury attorney in Texas or can simply “let insurance handle it.”
The important thing to know is that both the workers’ compensation claim process and the workplace injury lawsuit process can be rather complex. A workplace injury attorney in Texas will be your advocate through whichever path applies:
- Claims Process:
While the process of workers’ compensation is underway, there are certain steps and key deadlines you must go through. You are supposed, for example, to report your injury to the employer within 30 days of the accident or when you knew of an injury; you may otherwise not be entitled to any benefits.
You will also have one year in which to file the official claim, Form DWC-041. It is always advisable to consult a workplace injury attorney in New York who can help you correctly fill out all the paperwork in a timely manner.
Furthermore, in the case of denial or undervaluation of benefits, the attorney may also represent you at appeals and hearings, fighting for your benefits.
- Lawsuit for Full Compensation:
Whether your case is an employer non-subscriber or one in which a third party can be held liable, a workplace injury attorney in New York will know when to file a lawsuit, develop evidence, and make an argument.
They may conduct any necessary investigations needed to prove fault on someone else, including requests for safety records, witness statements, or maintenance logs. They will prepare and file all legal documents and deal with court procedures that might be quite hard for you to handle on your own, especially with an injury.
Other benefits of a workplace injury attorney in Texas
- Maximizing Your Compensation:
The insurance companies or a liability insurer in a lawsuit want to pay as little as possible. A seasoned workplace injury attorney in New York knows what the insurers will try to do and can negotiate on your behalf.
They will work at ensuring you are not short-changed, whether that means pushing for all medical treatment you require or calculating fair compensation for lost future earnings if unable to return to your old job.
- Protection from Retaliation or Legal Pitfalls:
Unfortunately, too many employees are afraid to report an injury and even more so to seek out a workplace injury attorney in Texas. Texas prohibits your employer from firing or disciplining you solely because you filed a workers’ compensation claim.
In addition, if you retain an attorney, they can advise you about your rights and take appropriate action if retaliation does occur. In the instance of a lawsuit, your workplace injury attorney in Texas will make sure fault is not inappropriately shifted onto you.
For example, an employer may try to argue that the accident was your fault; your attorney builds evidence to refute such an argument. But essentially, having a workplace injury attorney in New York levels the playing field.
The employers and insurance companies have professionals on their side, namely adjusters, investigators, and attorneys, working to protect their interests; you deserve professionals on your side to protect your interests.
Get help!
Texas workers who get injured while at work do not need to defend themselves on their own. At Gehi and Associates, we fight for your rights through compensation claims in case of a work-related injury.
Among the areas of specialization of our attorneys are workplace injury claims, such as accidents at building sites, factories, and office accidents. We provide full assistance with the workers’ compensation claim, right through to the negotiations of settlement.
At Gehi and Associates, we offer free consultations to better explain your options for recovery. Connect with us today!
FAQs
1. What should I do immediately if I get injured on the job in Texas?
You must notify your supervisor immediately and then seek medical attention.
2. Do I have to hire a workplace injury attorney to file my work injury claim?
No, but it is advisable. The attorney represents your rights and ensures that your claims follow the proper procedures.
3. How soon must I notify my employer about my work-related injury?
Your benefits are available only when you report the injury to your employer within the first 30 days.
4. What do I do if my employer contests the claim about my injury?
A workplace injury attorney will represent your rights and help you move forward with your appeal or dispute of a denial of your claim.
5. Can I file a suit against my employer over my workplace accident?
Workers’ compensation is the primary way most employees get compensated, but there are specific circumstances under which they can sue for more.
More FAQs
6. Precisely what am I entitled to in compensation?
Your workers’ compensation entitlements should cover medical expenses and wage replacement, and disability payments.
7. How do I sort out legal fees?
Legal fees are often payable only when your attorney has won your case because they work on a contingency fee basis.
8. Can I get compensation when I am at fault?
According to Texas law, your right to compensation is preserved even when you are partially responsible for the accident.
9. Is there a timeline for when I should file a claim?
For work compensation, you should take steps within the first 30days. If you would like to pursue a claim in personal injury, where applicable, you must act within two years.
10. When does the timeline to file begin to run?
The time limit for filing your claim begins to run from the date your injury occurred. You can reach out to Gehi and Associates through our office in Texas or by calling us for your free case review.
