Round Rock Workplace Injury Lawyers
CALL (800) 863-5312 TO SPEAK WITH ROUND ROCK WORKPLACE INJURY LAWYERS FOR FREE
Workplaces can present a multitude of conditions in which an accident can occur if proper precautions are not taken. Employers have a responsibility to ensure that the work environment is safe, including providing appropriate safety equipment, maintaining work equipment to ensure proper functioning, and abiding by safety regulations.
If you or a loved one has been injured in an accident at work in Round Rock, you should contact the experienced Round Rock workplace injury lawyers at Zinda Law Group at (800) 863-5312 for a free consultation to explore your options. If we are not able to win your case, you will not owe us anything.
In Texas, employers are not required to participate in workers’ compensation insurance coverage, but they do have the option to do so. Whether or not your employer participates in Texas’s workers’ comp program can impact your ability to sue to seek compensation for any injuries you may have sustained while on the job. Workers whose employers do participate in workers’ compensation insurance may be unable to sue their employers for personal injury, even if their injuries were caused by the employer’s negligent behavior. Instead, all claims must be made through the workers’ compensation insurer.
However, even if an employer carries workers’ comp coverage, you may still be able to file suit to seek compensation for your injuries in certain circumstances. If the accident was caused by the negligence of a third-party contractor or outside party, you may be able to file a claim seeking compensation from that third party. If the accident was caused by faulty equipment, you may be able to file a claim against the manufacturer. Further, if the accident occurred on property not owned by the employer, you may be able to file a claim against the property owner. Finally, if your employer does not participate in workers’ compensation coverage, you may be able to file a claim against your employer if the accident was caused by the employer’s negligent behavior. A workplace injury attorney in Round Rock may be able to help you determine who may be liable.
WHAT SHOULD I DO IF I HAVE BEEN INJURED AT WORK?
1. Seek Medical Attention
The first thing you should do if you have been injured at work is to immediately seek medical attention. Any injury at work should be taken seriously, as some injuries, despite seeming minor, may prove serious or even fatal if left untreated. By having a physician diagnose your injuries, you also obtain documentation of the extent of your injuries.
2. Collect and Document Evidence
It is important to collect information regarding the nature of your accident. Be sure to collect the contact information of any witnesses who may have seen the accident occur. If possible, you should photograph your injuries, the scene of the accident, and the surrounding area, as this can aid in determining how your accident occurred and who may be liable. It is also important that you keep any documentation and records regarding your accident. This includes accident reports, medical bills, and communications with your employer regarding the accident.
3. Report Your Accident to Your Employer or Supervisor
You should make your employer or a supervisor aware of the situation as soon as possible. It is also important to ensure that they file an accident report regarding your injury, as this provides documentation that your accident occurred while on the job.
4. Report Your Accident to Applicable Government Agencies
In addition to reporting your accident to your employer, you may need to report your accident to the appropriate government agency, such as OSHA.
5. Consult an Attorney
You should consult a lawyer as soon as possible if you have been injured at work. An attorney may be able to help you determine if you can file a workplace injury lawsuit in Round Rock against your employer, a third party, or the equipment manufacturer.
An experienced lawyer may also help you determine what compensation you may be entitled to. Workplace accident claims can be very complex, as the employer and its insurer may seek to pay out as little compensation as possible. A Round Rock workplace accident lawyer may be able to investigate your case to determine if negligence played a role in the accident and may help you hold the negligent party responsible.
Learn More: Why Hiring a Lawyer Will Help Your Case
To pursue a workplace injury settlement in Round Rock against an employer or a third party, you must be able to prove the other party behaved negligently. To prove negligence, you must prove four elements:
Duty of Care
It must be proven that the other party owed the employee a duty of care. For example, the employer may have owed a duty to employees to take certain precautions to prevent an accident, such as providing safety equipment.
Breach of Duty
Second, it must be proven that the employer or third party breached this duty. If an employer failed to provide proper safety equipment, this could be a breach of duty.
Once duty of care and breach of duty are proven, it must also be proven that the other party’s breach of duty was the cause of the accident. For example, if the employer had provided the required safety equipment, the accident would not have occurred.
Finally, it must be proven that you were injured as a result of the accident. This simply means that any injuries you are seeking compensation for must have resulted from the accident, which is why it is important to seek medical attention immediately after an accident and report the accident. This documentation may prove your injuries were caused by the workplace accident.
WHAT TYPES OF PRECAUTIONS MUST AN EMPLOYER TAKE TO PREVENT ACCIDENTS?
In 2018, Texas suffered 488 fatal workplace accidents, according to the Bureau of Labor Statistics. The leading cause of fatal workplace accidents was transportation accidents, while slips, falls, and trips were the second leading cause of fatal workplace accidents.
Different workplaces will have varying requirements for workplace safety, depending on the type of work environment. Generally, employers should ensure that all safety regulations, set by organizations such as the Occupational Safety and Health Administration, are followed. Employers should ensure that proper safety equipment is provided and maintained. Tools and equipment should be adequately maintained so as to prevent malfunction or unsafe operation. All employees should be trained in proper safety procedures and the safe operation of any equipment or tools.
Employers should take care to make the workplace environment as safe as possible by installing and maintaining appropriate safety guards and ensuring any chemicals are properly labeled. Employers should also ensure that all employees are always abiding by safety rules while working. If an employer fails to take these steps, such a failure may be considered a breach of duty towards their employees, and an accident that results from this breach may be considered negligent behavior on the part of the employer.
Compensation for workplace accidents may include compensation for various damages, including:
Compensation for medical expenses may cover hospital stays, treatment, medication, therapy, and specialist consultation. If your injuries have resulted in a permanent disability, you may be able to claim compensation for equipment and necessary changes to your home to accommodate your disability.
Loss of Income
If your injuries caused you to miss work, you may be able to seek compensation for the income lost during this period.
Diminished Earning Capacity
If your injuries have left you unable to perform your job duties any longer, you may be able to claim compensation for the loss of potential income. This type of compensation will take multiple factors into consideration, such as the type of work, age, and health before the accident, to name a few.
If you have lost a loved one in a workplace accident, you may be able to seek compensation for funeral expenses as well as the loss of income they provided. You may also be entitled to compensation for your emotional trauma and the loss of companionship of your loved one.
Read More: Wrongful Death Lawyers
Pain and Suffering
You may be able to claim compensation for the physical and emotional pain you experienced due to your injuries. Compensation is generally based on the nature of your injuries and how they have impacted your day to day life.
STATUTE OF LIMITATIONS
In Texas, the statute of limitations for personal injury claims is two years. This means you have two years from the date of the accident to file a claim. Consult a Round Rock workplace injury lawyer as soon as possible so that they may be able to investigate your accident thoroughly and help you pursue a workplace accident settlement in Round Rock before the statute of limitations expires.
GET HELP FROM A WORKPLACE INJURY LAWYER IN ROUND ROCK TODAY
At Zinda Law Group, our workplace accident lawyers in Round Rock may help you pursue your claim. Our attorneys have years of experience helping our clients seek the maximum compensation after they or a loved one has been injured at work.
Call (800) 863-5312 today for a free consultation with one of our experienced Round Rock personal injury lawyers. You will not pay anything unless we can win your workplace injury case. That’s our No Win, No Fee Guarantee.
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