Workplace injuries can disrupt lives and livelihoods, leaving individuals and families grappling with physical, emotional, and financial burdens. At True Law Firm, we understand the profound impact these incidents can have. Our commitment to justice and advocacy extends to helping those who have suffered workplace injuries navigate the legal complexities, ensuring they receive the compensation and support they deserve.
What Constitutes Workplace Injuries?
Workplace injuries encompass a wide range of incidents that occur on the job. They can result from accidents, hazardous conditions, or exposure to harmful substances. These injuries may include slips, trips, falls, machinery accidents, electrical shocks, or chemical exposures. Additionally, work-related illnesses caused by prolonged exposure to harmful environments or substances, such as asbestos or toxic chemicals, are also considered workplace injuries. We are dedicated to understanding your specific circumstances and advocating for your rights.
Types of Workplace Injuries:
- Falls
- Strains and sprains
- Cuts and lacerations
- Burns
- Electric shocks
- Chemical exposures
- Repetitive motion injuries
- Ergonomic injuries
- Machinery accidents
- Vehicle accidents
Common Causes of Workplace Injuries:
- Lack of training or improper training
- Poor workplace safety practices
- Inadequate safety equipment or PPE
- Fatigue or tiredness
- Lack of proper communication
- High-stress levels
- Rushed work
- Inadequate maintenance of equipment and machinery
- Insufficient supervision
- Human error
Who Pays for Workplace Injuries?
In Texas, private employers are not generally required to carry workers’ compensation insurance, which covers medical expenses and a portion of lost wages for injured employees. However, employers who contract with government entities are mandated to provide workers’ compensation coverage for those working on government projects. In cases where employers do not have this insurance, injured employees may pursue legal action against the employer. Additionally, third-party liability claims may arise if someone other than the employer or co-worker contributed to the injury.
After Workplace Injuries, You Must:
- Seek immediate medical attention to address injuries and document their severity.
- Report the incident to your employer or supervisor, ensuring it is properly documented.
- Collect and preserve any evidence related to the accident or hazardous conditions.
- Consult our experienced attorney to understand your legal rights and options.
- Follow your medical treatment plan and attend all necessary appointments.
- Keep detailed records of medical bills, lost wages, and other related expenses.
- Communicate with your attorney and provide them with all relevant information and updates.
- Be cautious when discussing the incident, especially with insurance adjusters.
- Avoid making statements, including on social media, that could jeopardize your claim.
- Cooperate with any investigations, examinations, or hearings related to your case.
- Maintain open communication with your attorney.
Workplace Injuries FAQs
Can I sue my employer for a workplace injury in Texas?
Generally, you cannot sue your employer for a workplace injury if they have workers’ compensation insurance. Workers’ compensation provides a no-fault system, meaning you can receive benefits regardless of who is at fault for the injury. If your employer does not carry workers’ compensation, you may be able to file a personal injury lawsuit against them.
What benefits can I receive through workers' compensation?
Workers’ compensation benefits in Texas typically include coverage for medical expenses related to your injury, a portion of your lost wages, and potential vocational rehabilitation services if you are unable to return to your previous job. The specific benefits can vary depending on the severity of your injury and whether it is temporary or permanent.
How long do I have to report a workplace injury to my employer?
It’s crucial to report a workplace injury to your employer as soon as possible. Timely reporting ensures the incident is properly documented, and you can initiate the workers’ compensation claims process promptly. Failure to report the injury promptly may result in delays or complications in obtaining benefits.
Can I choose my own doctor for a workplace injury?
Texas allows injured workers to choose their own doctor for the initial visit following a workplace injury. However, if your employer has a certified workers’ compensation network (WCN) plan, you may be required to select a doctor from within that network for ongoing treatment. It’s essential to understand your options and follow the appropriate procedures to ensure your medical expenses are covered.
Can I be fired for filing a workers' compensation claim?
Texas law prohibits employers from retaliating against employees for filing workers’ comp claims. If you believe you have been wrongfully terminated due to your injury or claim, you may have legal recourse to pursue a claim against your employer for wrongful termination.
What if a third party was responsible for my workplace injury?
If a third party, such as a contractor, manufacturer, or another entity not directly connected to your employer, contributed to your workplace injury, you may have the option to file a third-party liability claim. These claims allow you to seek compensation from parties other than your employer for their role in the injury.
How long do I have to file a workers' compensation claim in Texas?
In Texas, you generally have one year from the date of the workplace injury to file a workers’ compensation claim. However, it’s essential to report the injury to your employer as soon as possible to ensure that the claim process can begin promptly. Failing to meet deadlines could jeopardize your ability to receive benefits.
Can I appeal a denied workers' compensation claim in Texas?
Yes, if your workers’ compensation claim is denied, you have the right to appeal the decision. The appeals process can be complex, and it’s highly advisable to seek legal representation to navigate it effectively. Our attorneys can help gather evidence, prepare your case, and represent your interests during the appeals process.
What if my workplace injury leads to permanent disability?
If your workplace injury results in permanent disability or impairment, you may be entitled to additional benefits through workers’ compensation. The specific benefits will depend on the extent of your disability and how it affects your ability to work. Our attorneys are experienced in workers’ compensation claims and can help you pursue the appropriate benefits.
Contact True Law Firm
True Law Firm is your dedicated advocate for justice. With a commitment to getting victims what they deserve and a track record of producing quick results without compromising settlement value, we’re here to support you through the complexities of your workplace injury case. We are selective with the cases we pursue and maintain low client numbers, ensuring each individual can maintain one-on-one contact with their attorney. Don’t hesitate to schedule a consultation to initiate the process toward your deserved compensation and benefits.
