CALL (800) 863-5312 TO SPEAK WITH WORKPLACE INJURY LAWYERS IN PLANO FOR FREE
The workplace can be a hazardous environment, filled with potential dangers. Employers have an obligation to make the workplace safe for employees. This includes providing proper safety instructions, safety equipment, and providing proper maintenance for tools and machinery. If these measures are not taken, an accident can occur, resulting in injury or death.
If you or a loved one has been injured at work, you should contact a Plano workplace injury attorney from Zinda Law Group at (800) 863-5312 today for a free consultation. If we are not able to win your case, you will not owe us anything.
WORKPLACE ACCIDENTS IN TEXAS
Workplace accidents can happen to anyone, at any time. In 2018, there were 488 fatal workplace accidents in Texas. Two out of every one hundred workers were injured in Texas in 2019. Agriculture, manufacturing, and trade transportation recorded some of the highest rates of workplace injuries. Workplace accidents are more likely to occur if an employer fails to provide proper safety equipment or training.
To avoid workplace accidents, employers should make sure all safety precautions are taken. This includes ensuring employees are given proper safety training and making sure that all safety rules and guidelines are being followed. Employers should also provide appropriate safety equipment for employees as well as install and maintain appropriate safety guards to help prevent accidents. Machines and equipment should be properly maintained to avoid a failure that may cause an accident to occur.
CAN I FILE AN INJURY CLAIM IF MY EMPLOYER PROVIDES WORKERS’ COMP?
In Texas, employers may choose whether they wish to participate in workers’ compensation insurance coverage. If an employer does participate in workers’ comp, you may not sue your employer for workplace injuries, even if the accident was caused by negligence.
However, you may still be able to file a claim against other parties who may have contributed to the accident. This includes other parties who may have been involved in causing the accident, such as:
- Vendors or third-party contractors
- Equipment manufacturers, if the accident was caused by an equipment malfunction
- Property owners, if the job was performed on property not belonging to the employer
- The employer, if the employer was not enrolled in workers’ compensation insurance coverage, thus exposing the employer to a potential workplace injury lawsuit
To successfully pursue a workplace accident claim, you must be able to prove that the accident was caused by negligent actions of another and they are liable. Four elements must be proven in a negligence claim:
Duty of Care
The first element that must generally be proven is that the at-fault party owed the victim a duty of care. This means the at-fault party was obligated to take certain steps to prevent an accident from occurring, such as providing appropriate safety equipment, training employees on properly using equipment, or otherwise avoiding accidents.
Breach of Duty
The second element that will typically need to be proven is that the at-fault party breached this duty of care such as by failing to take the proper precautions. For example, the employer may have breached the duty of care by not providing necessary safety equipment. An equipment manufacturer may have breached its duty of care by failing to ensure that defective tools or equipment were not sold to the employer.
Next, your lawyer will need to prove that the other party’s breach of their duty of care actually caused your injuries. In other words, if the employer had provided the proper safety equipment, the accident would not have happened. However, if the accident would have happened regardless of whether the other party’s negligent behavior occurred, then this element may not be satisfied.
Finally, you must prove that you actually suffered damages as a result of the accident. It must be proven that the victim suffered harm or injury as a result of the accident. Medical records and accident reports can help to satisfy this element. In wrongful death cases, the victim’s death generally satisfies the damages requirement.
COMMON CAUSES OF WORKPLACE ACCIDENTS
Slip and fall accidents are a common workplace occurrence. These accidents can be caused by slippery surfaces due to spilled liquids, working from an unsafe height without proper safety precautions or equipment, or clutter on the ground. While this type of accident may seem relatively minor, it often results in serious injuries, such as brain, neck, or spinal injuries, or even death.
Many jobs require employees to travel, such as shipping companies transporting goods or employees being transported to or from a job site. A vehicle accident may often result in serious injuries.
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Some workplaces may deal with extreme heat or volatile materials regularly. If proper safety precautions and equipment are not utilized, this can frequently lead to an employee being burned or injured in an explosion.
Exposure to Toxic or Harmful Materials
A workplace may house toxic or hazardous materials, and some jobs may require employees to interact with them on a routine basis. Employers should provide proper documentation and training on the safe handling of these materials. It is also important for employers to provide adequate training and equipment to address accidents involving hazardous materials as well, such as eye washing stations. If toxic or hazardous materials are not safely handled and stored, it can lead to a workplace injury, which can be compounded by inadequate treatment or safety measures.
Many workplaces may require employees to use equipment and machines that can be quite dangerous if used improperly, or if they are not adequately maintained. Employers should ensure that their employees are properly trained in the safe operation of equipment and that all equipment is properly maintained to prevent accidents.
WHAT TO DO IF YOU HAVE BEEN INJURED IN A WORKPLACE ACCIDENT
1. Seek Medical Attention
If you have been injured in a workplace accident, you should seek medical attention immediately. It is important to have any possible injuries diagnosed and treated by a physician. Even if your injuries appear to be minor, you should be examined by a doctor to ensure you receive the proper medical care and treatment. Having your injuries diagnosed and treated by a physician can also provide documentation of your injuries, which may help your attorney build your case.
2. Report the Accident
You should report any accident or injury at the workplace to your employer or supervisor as soon as possible. You should make sure that an accident report is filed regarding the accident. This will help document your accident and provide evidence of when and how it occurred. You should also report your accident to any governing agencies that may be applicable, such as OSHA.
3. Document and Collect Evidence
You should attempt to document the details surrounding your accident, regarding how and where it occurred, what injuries you may have sustained, and who may have been involved. If possible, you should take photos of the accident site and any injuries you may have sustained. Collect the contact information of any witnesses who may have seen the accident occur.
4. Consult an Attorney
If you have been injured in a workplace accident, you should contact a workplace injury lawyer in Plano as soon as possible. An attorney may be able to review your case and help you determine who you may file a claim against, and how much your claim may be worth. Workplace injury lawsuits in Plano can be complex, especially if the employer is participating in workers’ compensation insurance coverage. An experienced attorney may be able to help you seek a fair workplace injury settlement in Plano while allowing you to focus on recovering from your injuries. It is important to consult an attorney quickly after an accident, as this helps to ensure that your lawyer has adequate time to investigate your claim and meet certain legal time limits that may be applicable.
WORKPLACE ACCIDENT COMPENSATION
In Texas, you may seek compensation for economic as well as non-economic damages as part of your Plano workplace accident settlement. The amount of compensation depends on the specific details of your case and how the accident has impacted you.
Compensation for medical expenses may cover the costs related to medical transportation, doctor’s visits, diagnosis and treatment of injuries, hospital stays, and therapy. You may be able to seek compensation for ongoing or future medical care if your injuries require it.
Loss of income
If your injuries caused you to miss work, you may be able to seek compensation for these lost wages.
Loss of potential income
If your injuries leave you no longer able to fulfill the duties of your job, you may be able to claim compensation for your loss of future income due to your injuries. This type of compensation will usually take into consideration your age, type of work, and general health before the accident.
Pain and suffering
You may be able to seek compensation for the physical and emotional pain caused by the injuries you sustained in the workplace accident. Compensation for pain and suffering will take into account the severity of your injuries and the impact your injuries have had on your quality of life.
STATUTE OF LIMITATIONS
In Texas, the statute of limitations for a personal injury claim is two years from the date of the accident. If your employer subscribes to workers’ compensation, you must file your workers’ comp claim within one year of the accident or illness. It is important to consult a Plano workplace injury lawyer as soon as possible so that they may be able to file your claim within this timeframe. It may take some time to determine the extent of your injuries and who may be liable.
GET HELP FROM A WORKPLACE INJURY LAWYER IN PLANO TODAY
At Zinda Law Group, our Plano personal injury attorneys may be able to help you with your workplace accident claim. Our attorneys have years of experience helping our clients seek the maximum compensation they may be entitled to after they or a loved one has been injured in an accident caused by the negligent, reckless, or intentional behavior of someone else.
Meetings with attorneys by appointment only.