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There is a risk of injury involved in almost all kinds of on-field jobs. Some accidents can be unforeseen and unpredictable. These may lead to severe injuries. However, the majority of workplace accidents are due to some kind of negligence from the employer and their failure to follow safety guidelines on the premises.
Most employees are already familiar with the concept of workers’ compensation. Laws related to workers’ compensation state that the employer must pay for the employee’s workplace injuries in all cases and regardless of fault.
But, these laws come with a cache. An employer is hardly held liable and in most cases, the employee cannot file a personal injury claim against the employer.
However, there are cases where the employee can file a personal injury claim against their employer. Going through a workplace injury can have devastating effects on your mental, physical, and financial health. It can translate into lost weekly wages and mental anguish. A victim of workplace injuries has every right to claim financial compensation for their losses.
If you’ve suffered from a workplace injury, then you should know the next course of action for claiming compensation. Let’s walk you through your options in detail:
Each state has different workers’ compensation laws and this simply means that if you get injured at the workplace, your employer must pay for all your injuries. This is quite limited and different from personal injury claims. If injured workers claim workers’ compensation insurance, they may not be able to file a personal injury claim against their employer. However, you can file a lawsuit against another individual that you can prove to be involved in or responsible for the accident.
Workers’ compensation is always marked less as compared to what you can recover if you file a workplace injury claim. Personal injury claims allow you to claim both economic and non-economic damages like pain and suffering. Here are situations where you can get workers’ compensation and in addition, sue your negligent employer with a personal injury lawsuit:
Texas saw a whopping 25% increase in fatal workplace injuries in 2019. The number of overall workplace injuries is also very alarming. Part of the reason for this rising number is unsafe to work conditions and safety violations by employers. Let’s look at what you should do after you’ve been in a workplace accident:
What steps and actions you take right after you’ve been in a workplace accident will have an impact on your case’s conclusion. These 5 steps will help you respond to a workplace injury in a composed manner:
Your first action should be to immediately seek medical help for your injuries. If not treated timely, these injuries can have life-long effects on your ability to function normally. You also need to have a full medical record of your injuries and their treatment if you are going to file for compensation later on.
As soon as you are able to, you need to inform your superior and management of what has happened and that you’ve been injured. This is critical for your lawsuit down the lane as this will establish liability. You want to be clear about what has happened from the start so you aren’t questioned on truthfulness later on.
We recommend you maintain a proper log of all your injuries and how they progress over time. You need to document the state of the injuries as they’re fresh so you can present that as evidence to support your claim. Don’t wait for them to heal as that can have an effect on your compensation.
Witnesses will only add to the strength of your case. Take note of who was present on the accident scene of the accident and gather their information. Ask them if they would like to provide a statement in your favor.
Getting compensation for your losses due to a workplace accident can be tough.. An experienced lawyer will be able to guide you through the process and navigate through compensation insurance companies as well.
Workplace accidents can result in some mid-major injuries for the accident victim. Here are the most common types of injuries in Houston:
Some of these accidents can lead to a severe type of injury that can result in wrongful death and the family of the deceased worker can then claim death benefits as well as file a wrongful death lawsuit against the employer. Employees in some industries are more at risk for common workplace accidents than others due to the nature of the work required. These are:
No matter the industry you belong to, if you suffer from a workplace injury then your employer and involved parties are liable and you can sue them.
Every work-related accident is different and will result in different injuries. The extent of your injury and other factors like workplace safety issues and negligence to maintaining safety standards by your employer will determine the strength of your workers’ compensation claim. The state of Texas provides for workers’ compensation laws under which your employer is bound to pay for your injuries and you cannot sue them for a personal injury.. Here are some types of benefits you get via workers' compensation:
As mentioned before, there will be situations where you can sue your employer for job injury if they were negligent and that negligence led to your injuries. It is always helpful to engage a workplace injury lawyer so they can manage the deadlines and all other associated legal processes for you. This is a time for your recovery and you should rest and focus on getting back on your feet.
A statute of limitations is a time period in which you can file a claim for it to be considered valid by the law. Each state has a different statute of limitations for workplace injuries. Texas allows American workers to file a claim within two years of the work-related injury.
Workers' compensation claims have to be filed within one year of construction accidents, industrial accidents, or other work-related accidents.
It may seem like an ample amount of time but trust us, it is not. You will need time to recover from those injuries and all personal injury lawyers will need time to gather all the evidence required to make a robust claim against the negligent parties involved in your workplace accident.
So make sure you contact an experienced workplace accident lawyer as soon as you can after the accident.
Workplace accidents like industrial accidents can result in severe injuries and mental distress for the workplace accident victim. You may have to take sick days from work due to physical injuries and that means lost wages. Victims are often unable to lead a normal life and support their families after they’ve been in a workplace accident. Temporary income benefits may solve the problem in the short term but compensation is required for future income losses.
The victim has every right to claim compensation for their mounting medical expenses, lost wages, mental distress, and pain and suffering.
An experienced work injury lawyer will help you determine the nature of the claim and help you develop your sue your employer for negligence.
At Calhoun Meredith, we’re not only the best workplace injury attorneys in Houston, but we’re also empaths. We understand that injuries can change a person’s life. We understand that while you are recovering from a job accident, you cannot be burdened with the legal process of filing a claim and then following the deadlines. This is the time for you to rest.
Here is how we handle your case:
Working with us, you can be assured that you are being represented by the best and most experienced work injury lawyers in Houston.. We take our attorney-client relationship seriously and are known for it. We don’t charge you any hefty fee and you pay only when we win the case for you.
Our goal is to get you the compensation for your pain and suffering, medical costs, physical therapy costs, and other harms and losses caused by a workplace injury and hold the negligent parties accountable for their actions.
Need help filing your workers’ compensation or personal injury claim? Call one of our legal team members at Calhoun Meredith, and get your free consultation right away.