Texas Workplace Accident LawyersLast updated on: July 22, 2022
CALL (800) 863-5312 to speak with Texas workplace accident lawyers
While certain jobs pose obvious dangers, there is no such thing as a workplace that is 100% accident free. After sustaining a workplace injury, things can become complicated very quickly. For most injuries, you will have the opportunity to seek compensation through workers’ compensation. However, workers’ compensation insurance companies and even your employer may engage in certain tactics to delay the process and pay you less than what you may deserve. The best way to ensure that your rights are protected is to hire the right Texas workplace accident lawyers.
If you or a family member was injured in a workplace accident, call (800) 863-5312 to speak with Texas workplace accident lawyers today.
Steps to take after being in an accident at work
No one wants to be involved in a workplace accident. However, when an accident does happen, taking the proper steps immediately after and throughout the process can save victims stress and hassle. Because of the wide variety of accidents that can happen at work, no two accidents are the same. Still, workplace accident victims should do the following:
Report the Accident
As soon as possible, report the accident to your supervisor or the HR department at your workplace. Be as thorough as possible and share all the details of what happened and how your accident occurred. Do not be shy in reporting injuries that may seem minor because they may turn out to be more serious than you think.
Importantly, reporting an accident gives you an opportunity to create a written record of the causes of the accident from your perspective. Additionally, there may be reporting requirements for collecting compensation for an accident, so reporting the accident ensures that you don’t lose out for failing to comply with the law.
Get Medical Treatment
Seek medical attention for your injuries as soon as possible. There are a few important reasons to do this. For starters, that small, nagging pain in your hand could actually be a more major injury than it seems at the moment. Going to the doctor helps to catch these kinds of injuries that could develop into something more serious if left untreated. Also, insurance companies or employers may try to make the argument that your injuries are unrelated to anything that happened in the workplace. Getting medical attention as soon as possible helps to connect the accident with your injuries.
Document the Accident
After you have reported the accident and received medical attention, start to gather all of the evidence and documentation that may become important to your claim. This type of evidence includes medical records, receipts or bills for any property that may have been damaged, and any reports or other paperwork that your workplace provides related to the claim.
Speak with a Texas Workplace Accident Lawyer
When going through the process of trying to get fair compensation for your injuries, it is important to remember that you are the only person who has your best interest at heart. For the businesses and insurance companies involved, it makes economic sense to try to pay you as little as they are legally obligated to pay.. A qualified Texas personal injury attorney can help you properly value your claim and ensure that you are not taken advantage of. They can also handle the communication and negotiation phases of the process to make sure that you don’t take any steps that damage your claim.
Common workplace accidents
Though some workplaces are more dangerous than others, injuries can happen in any kind of setting. Workplace accidents happen every single day in all kinds of different jobsites. Most lead to relatively small bumps and bruises, but others can have catastrophic effects. Some of the more commonly experienced workplace accidents include:
Burns are relatively common in a few different work environments. For example, kitchen workers are at a high risk of being burnt due to being around stoves, ovens, and hot pots and pans. Firefighters can also suffer burns on the job. Employees who handle other hot tools and dangerous chemicals are also at risk of suffering a burn injury.
Read More: Texas Burn Injury Lawyers
Repetitive Motion Injuries
Any worker who engages in the same, repetitive motion many times throughout the workday is at risk of suffering a repetitive motion injury. One of the more notorious examples of this category of injury is carpal tunnel syndrome, which is typically associated with long hours typing on a keyboard. However, repetitive motion injuries can also be experienced by people in other professions, ,such as grocery store checkout clerks, restaurant wait staff, and even machine repair personnel.
Workers can sometimes be injured by the workplace environment itself. Certain dangers are obvious, but some are much less so. For example, things like airborne toxins and dangerous chemical exposure can take years to uncover. Similarly, injuries resulting from these environmental exposures can develop over lengthy periods and take even longer to diagnose. At the first sign of developing an injury from an environmental danger, seek medical attention and speak with a Texas personal injury lawyer.
Slips, Trips, and Falls
Slip, trip, and fall accidents are common because they can happen in any workplace. A hazard that can cause someone to trip or slip may be a large, unmarked puddle of water, but it can be something as subtle as a bit of carpet that wasn’t properly tacked down, or an area where two tiles form an uneven surface on the ground.
Regardless of the circumstances that caused your workplace accident, a Texas personal injury attorney can help you fight for what you’re entitled to.
Read More: Slip and Fall Injury Lawyers
what is workers’ compensation?
Workers’ compensation is a form of insurance purchased by businesses that pays for the expenses that result when an employee is injured at work. This insurance is bought either through private insurance companies or state-certified compensation insurance funds. Because of the sheer number of people that these systems cover, they are very large and complex, and they are governed by state laws. Workers’ compensation benefits do not require an employee to show that their employer was negligent, but simply that their accident happened in the line of their employment.
Workers’ Compensation in Texas
While some states require employers to carry workers’ compensation insurance, Texas allows most businesses to choose whether to purchase it. However, they must let their employees know if they have chosen not to purchase the insurance. If your employer has opted out, then you may be able to file a lawsuit for a wider range of damages, but you will need to show fault on the part of your employer.
In order to be able to collect via a workers’ compensation claim, an employee is required to notify their employer of an accident within 30 days of its occurrence. Therefore it is critical to to report the accident as soon as possible.
What kinds of damages are available in workplace injury claims?
Depending on the injury you sustained and how it happened, there are a variety of different costs that you could be eligible to recover. Ultimately, speaking with a workplace injury lawyer about the specific circumstances of your case will be the only way to determine which damages you may be eligible for, but there are a few different categories of damages that you may be able to pursue:
Economic damages are the tangible, objective damages a victim sustains because of their accident. These can include things like the cost of healthcare and lost wages from being unable to work for a period. Economic damages can typically be proven with a high degree of certainty through things like bills and receipts. If you employer is covered by workers’ compensation insurance, then many of these economic damages will be covered.
Non-economic damages refer to the physical, mental, and emotional suffering that an accident victim experiences because of their injuries. Typically, workers’ compensation will not cover these sorts of damages. However, that does not mean employers are no longer liable. In certain circumstances, you may be able to file a claim against an employer for non-economic damages if they acted negligently. While non-economic damages are more difficult to quantify than economic damages, they will generally be higher if the injury is severe.
Punitive damages are only available in a small percentage of Texas workplace injury cases. While economic and non-economic damages exist to compensate a victim and make them whole again, punitive damages are focused on the wrongdoer. They serve as a punishment, as well as a warning to other employers not to act in the same way. Punitive damages are only available in cases where an employer acted in a particularly reckless or even purposeful way.
Regardless of what kind of losses you have, a Zinda Law Group workplace injury lawyer is available to help you protect your rights.
How can Zinda law group help me?
Texas workplace accident lawyers can help you in several different ways, including:
Filing a Workers’ Compensation Claim
As noted above, employees who were injured on the job need to follow all of the requirements of both Texas law and their specific employer in order to be able to recover for their injuries. An attorney who is experienced in this area of the law can help to make sure that you fill out all the paperwork on time and in the correct fashion in order to expedite the process. In addition to ensuring that everything gets filled out, an attorney may be able to strengthen your case and improve your chances of successfully securing an adequate settlement.
Dealing with Insurance Companies
As mentioned earlier, workers’ compensation is often the source of compensation for victims who were injured at work. In a perfect world, these companies would compensate victims for all their injuries without any prodding. However, many victims find out the hard way that a workplace injury claim is not always easy to win. Insurance companies want to make a profit, and to do this they employ skilled claims adjusters who specialize in minimizing the liability of the company.
One way that an insurance company may attempt to minimize their financial liability is to delay the process as long as possible. Dealing with injuries from a workplace accident can become expensive very quickly, so delaying payout can be one way to try to get victims to accept a settlement amount that may be less than what they are entitled to. More directly, insurance companies may unfairly deny claims. In any situation that you find yourself dealing with an insurance company, a workplace injury lawyer may be able to help ensure that you are not taken advantage of.
Bringing a Personal Injury Lawsuit
Workers’ compensation is, at least in theory, a more straightforward process than filing a personal injury lawsuit. However, in certain circumstances, it might make more sense to file a lawsuit against your company or a third party as opposed to seeking money through workers’ compensation. This can be the case if your employer directly caused or contributed to your injuries.
For example, if you sustained a major injury at work when a large piece of equipment fell on you due to poor planning of the worksite, then filing a personal injury claim may be the only way to be fairly compensated for all of your suffering. One important note is that injured parties cannot file a personal injury lawsuit if they have already collected workers’ compensation.
A Zinda Law Group personal injury attorney may be able to work with you and pave the best path forward in your case. Our attorneys will be there every step of the way to make sure that you never feel like you’re going through the process alone.
Call Zinda law group today at (800) 863-5312 for a 100% free consultation
When you are injured at work, it can often feel like the odds are unfairly stacked against you. That is why it is important to speak with a Texas workplace accident lawyer who knows the laws and regulations that apply to your case and can help you fight for compensation.
Zinda Law Group’s attorneys give each case the individualized attention it deserves. Also, we don’t believe that accident victims should have to worry about being able to afford legal representation. That is why we offer our No Win, No Fee Guarantee—you won’t pay us anything unless we win your case for you.
Meetings with attorneys are available by appointment only.