Workplace Injury Lawyers in Dallas
Injured on the job
Have you or a loved one been injured on the job? Sadly, every year thousands of people lose their lives or are severely injured at their workplace. Workers' compensation laws were designed so that if a worker is injured while on the job, his medical needs will be remedied without having to take his employer to court. When someone has workers' comp, it usually means that you relinquish your right to sue your employer. You may, however, still be entitled to more than just medical bill payment and wage replacement, which is why it would benefit anyone injured on the job to seek the counsel of a personal injury attorney.
Statistics About Workplace Injuries & Illness
The Injuries, Illnesses, and Fatalities (IIF) program provided by the Bureau of Labor Statistics (BLS) reports that in 2010, there were over three million recordable cases of nonfatal injuries and illnesses. Beyond this, there were over 4,000 fatalities in all sectors, with the majority of them coming from incidents on the highway (900), coming from falls (600) and homicides (400). What were the primary causes of the injuries? In 2010, it was reported that there were over:
- 350,000 sprains, strains and tears
- 180,000 back injuries
- 200,000 falls resulting in nonfatal injuries
If you were involved in a workplace accident or if you were injured while on the job, it can be daunting to know where to turn. At our firm, we want you to know that we are here when you need us. We understand what is on the line and we are prepared to go above and beyond in our efforts to protect your rights. No matter whether you are pursuing a workers' compensation or personal injury case, you can trust that we will be able to help you.
Workers' Compensation vs. Personal Injury
There is some confusion regarding the differences between workers' comp and personal injury claims and we at Zinda Law Group are here to help clear up any confusion that you may be experiencing. The first thing that you should know is that workers' compensation is only available to people who have been injured on the job and whose employers subscribe to workers' compensation. If this is not applicable, there is no way for you to pursue its benefits. On the other hand, personal injury is available to anyone who has sustained an injury and who would like to file a claim against the party responsible.
The second largest difference is that workers' compensation is not concerned with who is at fault for the accident. An injured employee can file a clam even if they caused the accident – the same cannot be said for personal injury. The reasoning is that when an employee files a workers' compensation claim, they are releasing the employer for any liability. They cannot file a workers' comp claim and then pursue a personal injury lawsuit to hold them accountable for more damages. In a personal injury case, however, fault is everything. It will be the entire purpose of the claim to determine who caused the accident, which play a huge role in determining who pays and how much is paid.
The amount of compensation under a workers' compensation claim can also be limited. The injured employee can only recover as much as the benefits allow – this will typically cover medical expenses, disability payments and restraining benefits, which limitations set for each. For someone who has sustained catastrophic and even life-threatening injuries, this amount of compensation is almost never enough to fully compensate the injured. While there are some limitations in a personal injury claim (ex: policy limit), it is much freer than workers' comp. In cases where it is litigated, it allows for even more wiggle room.
The final difference between these two types of claims is that the workers' compensation claims will be filed with the Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC), unlike personal injury claims which are filed with the court with jurisdiction over your area. When your personal injury case is taken to a courtroom and not settled out-of-court, you will likely have your case heard before a jury and a judge
Information About Workplace Injuries
At Zinda Law Group, we are well-aware of the stress that can accompany the aftermath of a workplace injury. Being hurt on the job is strenuous and without knowledgeable guidance, it can feel impossible to know where to turn. It is for this reason that we encourage our clients to get the involvement that they truly deserve. We have designed this site with the clear purpose of providing our clients with the information that you need. You can read through our workers' compensation related blogs, watch our personal injury videos or you can look through the pages below and to the left to learn more about specific topics. Either way, we hope that after you have done looking through the site that you will take the time to contact us today. We always put our clients first and here to help however we can.
Some of the topics that you can read about on our site include:
Construction Site Injury
Constructions sites can be very dangerous; employees may be struck by falling objects, or slip and fall off of scaffolding. Although their jobs are innately risky, construction workers should be put in harm's way because of the negligence or carelessness of their employers. There are safety protocols that must be adhered to, or the construction workers may suffer serious injury, such as a head injury, brain injury, or electrocution injury.
Discrimination Under Title VII
Title VII protects employees from being discriminated against for any of the following reasons: race religion, nationality, or gender. Even still, some employers discriminate against certain employees for these reasons. Employees should not have to suffer at work because of gender or race. If they are, law suit may be appropriate.
Falling objects can cause serious injuries. Some job sites are more accident prone than others, such as construction sites. Falling objects are one of the most common causes for accident and injury at construction site.
Manufacturing companies are obligated to follow a specific set of safety rules and instructions so that their employees are not injured at work. While most companies comply, some allow their employees' working environment to be dangerous and accident prone.
Non Subscriber Employment Injuries
Some companies are "non-subscribers" to workers' compensation. Since workers' comp is expensive, some companies wish to use their own methods of keeping their employees safe at work. While many companies provide safe environments, some not only opt of worker's comp, but fail to provide a safe environment as well.
Oil Rig Injuries
While working on an oil rig, employees are in danger of many types of accidents. Slip and fall accidents are extremely common, while workers are susceptible to crush injures, head injuries, and spinal cord injuries as well.
Work Accident Cases
In the state of Texas, workers' compensation is not mandatory, meaning you may not have any solution to your immediate medical needs if you are severely injured and can no longer do your job. Worker's compensation laws are complex and subject to change, particularly in our state. If you have been injured on the job, it is important to have qualified and experienced legal representation from the firm so that we can fight for the full compensation you deserve.
On the job injury is far more common in certain fields of work. Construction, for example, has the second highest statistics in the United States for on the job fatalities. Texas ranks in the top ten workplace injuries per year statistic, and the majority of those injuries occurred on construction sites. We at Zinda Law Group PLLC have an extensive background in employment related cases and will put that experience to work for you. When you are seeking legal help for on the job injuries, make sure you enlist a truly qualified Personal Injury attorney from our firm to assist in the process of filing your claim for damages and to fight to seek compensation that is fair and full, considering the actual damages you have suffered.