If you have sustained catastrophic injuries while working at an oil field, construction site, or another workplace in Dallas due to a non-subscriber employer or a third party’s negligence, it is important to know your rights and options regarding how to obtain compensation. Severe work injuries can strip you away from your ability to earn a living while severely limiting your independence.
Seeking a settlement can help you and your family elevate some of the financial burdens you’re facing during this challenging time. Consider contacting a Dallas work injury lawyer from Domingo Garcia immediately. Our attorney can investigate your work accident to uncover fault and damages and handle your personal injury claim from start to finish. We have represented injured workers in Dallas and throughout Texas for over 35 years and have won multi-million dollars in settlements for our clients.
Your Dallas Work Injury Lawyer Can Help You File a Third-Party Liability Claim
Texas does not mandate businesses to carry workers’ compensation insurance. This means that the Texas Labor Code allows you to sue them for damages if you work for a non-subscriber employer and suffer debilitating injuries due to your employer’s negligence.
Examples of employer negligence that may lead to a worker getting injured include:
- Failing to provide proper training on how to use a specific tool or machinery, for example, a forklift
- Not providing workers with safety equipment such as a safety harness or hard hats
- Not conducting proper background checks during the hiring process
- Not taking steps to mitigate the known hazard in the workplace
If someone other than your non-subscriber employer caused your injuries, we could help you hold them accountable through a third-party liability claim. Examples of cases in which a third party may share fault for a worker’s injury include:
- A subcontractor setting up failed scaffolding which causes a construction work to fall and incur spinal cord injuries
- A truck driver that’s on the road for work but gets hit by a drunk driver
- A product manufacturer releases a defective power tool which causes severe burn injuries to the worker
If your employer does carry workers’ compensation, you cannot sue them for damages (except in cases of wrongful death), but you may still be able to file a claim against a liable third party. Our Dallas work injury attorney can explain all the compensation avenues available to you depending on the facts of your workplace accident.
A Dallas Work Injury Attorney with Domingo Garcia Can Identify All At-Fault Parties
Many individuals and companies’ reckless actions can cause workers to suffer brutal injuries. Sometimes, multiple entities may have contributed to your injuries. Our attorney can help you uncover who was responsible for your workplace accident in Texas. We will let you know if there are more than one liable parties who may owe you compensation.
Here are some potential at-fault parties who typically hold liability in Dallas work injuries:
- Manufacturer of a toxic substance or defective piece of equipment that failed to function properly or is inherently dangerous but did not come with proper warnings or instructions
- A negligent motorist who collides into your company vehicle while you’re on your way to deliver cargo
- A General Contractor or a subcontractor violates a safety standard, does not provide a safe work environment, or fails to perform something that another general contractor in the same situation would have done.
- A property owner of a premise that had an unaddressed hazard present that caused the worker harm
Our Dallas work injury attorney can review how your accident happened and help identify who contributed to your injuries and suffering. If the evidence points to the shared fault among multiple parties, rest assured we’d file a claim against each party to get you the maximum compensation possible.
Allow Our Work Injury Attorney in Dallas to Recover These Losses for You
Work injuries are an expensive calamity—they can quickly inundate you with thousands of dollars worth of bills you’re unprepared for. We may be able to help you attain financial remuneration for many of the damages the workplace injury has left you with.
You can generally recover two categories of damages, injuries, and other losses—economic and non-economic.
This category refers to a type of compensation awarded to work injury victims with the intent to make them whole again by allowing them to collect past and future injury-related measurable expenses. Some of the compensable losses present under economic damages include:
- You are expected to receive medical expenses, including past and future costs of medical treatments, prescription drugs, hospital stays, and diagnostic exams, to recover from workplace injuries.
- Expenses for any rehabilitation or therapy session that’s part of your recovery process
- Expenses for any assisted devices, such as crutches or wheelchairs
- Any domestic service expenses you have incurred due to the injuries
- Costs related to any home or vehicle modifications you had to make to accommodate the limitations from your work injuries
- Compensation for your past and future income loss, possibly reduced earning potential, and missed opportunities.
- Repair or replacement expense for any personal property that was damaged in the workplace accident
Economic losses are relatively easier to prove than non-economic losses since there are concrete pieces of supporting documents that can be used to validate their presence. Our attorney may use medical and hospital bills, repair bills, payment stubs, and tax returns to quantify, calculate, and prove these damages.
The losses available under this category are subjective and non-measurable. They do not typically come with objective documents such as invoices or receipts to validate their presence. But their impact is jarring for work injury victims.
Non-economic damages include financial reparation for:
- Mental anguish
- Disfigurement and scarring
- Pain and suffering due to work injuries
- Loss of enjoyment of life
- Loss of consortium
- Reputational damage
Your attorney may use these materials to prove your non-economic damages—witness statements from family, friends, and colleagues, journal entries that detail your symptoms and feelings following the accident, results of psychological evaluations, and photographs of any visible scarring or disfigurement.
Wrongful death damages: Many workplace accident victims sadly succumb to their injuries. In this case, the deceased’s surviving family members have the opportunity to collect damages to help them with the financial setback they may be facing from their loved one’s untimely death.
A wrongful death claim allows family members to receive:
- Economic damages: Funeral and burial expenses, medical expenses, lost wages of the deceased
- Non-economic damages: loss of consortium
Our Work Injury Attorney Fights for a Fair Work Injury Compensation With These Services
Many work accidents inflict victims with dire injuries with a grim outlook. We have represented workers who have faced catastrophic injuries such as amputations, paralysis, traumatic brain injuries, and severe burns.
During this time, trying to familiarize yourself with all the laws and regulations pertaining to work injuries while navigating the complex Texas legal system is not an easy process. Letting Domingo Garcia handle all the legal legwork of filing your claim and obtaining compensation can free you to focus fully on your recovery.
Depending on your case and needs, here are some ways we may assist your Dallas work injury case:
Conduct an Investigation
To build a strong case with a high chance of winning maximum compensation, we must first understand how the workplace accident happened.
We will review the retrieved evidence and facts in various reports and other materials to learn more about your case and what negligence looks like in your specific work accident.
Some examples of negligence causing workplace injuries in Dallas:
- A construction worker falling from an elevated height due to weak scaffolding
- An unsecured tool falling from the upper level, striking a worker
- A drunk driver crashing into a truck driver who was transporting cargo
- A poorly trained tractor-operator improperly operating the vehicle and injuring coworkers
- Worker sustaining electrocution from accidental contact with exposed high voltage live wires
Investigating your case gives us an in-depth look into the critical facts constituting the preventable accident that has changed your life.
Uncover and Calculate Your Losses
Your Dallas work injury attorney may interview you, your family, friends, and others in your life to understand the full scale of impact the workplace accident and injuries have caused. We will also consult with medical, vocational, and other experts to glean the future consequences of your injuries.
We will also review various documents such as medical records, accident reports, and eyewitness statements to formulate a thorough list of economic and non-economic losses you have suffered and deserve compensation for.
Once the full range of damages is discovered, the attorney will then proceed to place a monetary value on each of the listed loss. The total value of your case is what we will request from the liable insurance company through a demand letter.
Assert the Severity of Your Losses With Evidence
Creating a list of losses is not enough to receive compensation. Our attorney and legal counsel will focus on building a repository of evidence, including photographs, surveillance footage, and other materials that support the presence of the mentioned damages and fortify its link with the workplace accident.
Using good evidence to establish damages is critical to receiving maximum compensation. Insufficient evidence can cause the liable insurance provider to question the extent of your injuries and present you with a low offer.
Prove the Negligence of At-Fault Parties
Workplaces such as oil fields and construction sites usually include employees from different companies working together. When a worker sustains an on-the-job injury on sites like these, it can be challenging to ascertain fault without a thorough investigation.
Our Dallas work injury attorney will carefully examine the accident’s facts and all the available evidence to figure out who is accountable for your injuries.
Once the at-fault parties are found, we will then help you demonstrate their negligence by proving its four elements:
- The at-fault party, such as the employer or general contractor, owed you a duty of care to provide a safe work environment.
- The at-fault party failed to provide the expected duty of care. For example, to cut costs, a construction company does not provide hard hats to its workers.
- The at-fault party’s negligent behavior resulted in a workplace accident. For example, a worker, who is not wearing a hard hat, getting struck by a falling object at a construction site.
- The accident resulted in the employee incurring injuries and other losses. For example, the worker sustained a fractured skull and sprains, requiring significant capital to treat.
Negotiate With the Insurance Company
Insurance adjusters use many tricks to minimize the severity of your injuries and their policyholder’s liability in causing you harm. This is to get you to agree to a low settlement offer.
Our attorney will step in at this stage and engage in a negotiation process, asserting your need for higher compensation using robust evidence. We will not back down until you receive the best outcome for your case.
Litigate Your Case
In the rare chance that the insurance company does not budge from their decision and continues lowballing you, we will advance your case with a civil action directly against the defendant.
Our attorney will handle every aspect of the lawsuit, from paperwork to cross-examination and other court proceedings.
We Represent Work Injury Victims Across All Types of Dallas Workplace Accidents
Texas is an epicenter of our nation’s most important yet dangerous jobs. Workers sprawled across acres of oil fields, agricultural farms, warehouses of super stores, and large industrial plants are at high risk of sustaining life-altering injuries while earning their livelihood.
Many of these jobs involve workers operating or being around big machinery, power tools, chemicals, and other dangerous variables that can destroy people’s lives without proper safety measures.
Our work injury attorney in Dallas has represented and secured compensation for workers involved in different on-the-job accidents. Here are the leading workplace accident cases handled by our firm:
Property owners, general contractors, and crew foremen are some personnel responsible for fostering a safe and hazard-free environment for their workers.
Here are some reasons why construction workers suffer severe injuries in Dallas:
- Lack of personal fall protection systems for workers
- Lack of safety measures to protect workers from getting struck by falling, flying, swinging, or rolling objects
- Electrocution from accidental contact with power lines or exposed power sources
- Caught in/between heavy machinery, or collapsing materials
According to the U.S. Bureau of Labor Statistics, 310 workers in Texas suffered injuries in forklift accidents in 2018, out of which 5 cases were fatal. Forklift accidents result in victims having crushed upper and lower extremities and spinal injuries.
Some of the leading causes of forklift accidents include:
- Inadequate forklift maintenance
- Lack of proper and sufficient training on forklift operation
- Forklift operator speeding, reversing without looking behind, or performing other negligent actions
- Unbalanced load, causing the forklift to roll over
Driving is part of many workers’ daily life in Dallas. If you sustain an injury in a preventable collision while you’re out on your job in your company vehicle and a reckless driver causes a wreck, you may be able to sue the negligent driver or another party.
Common reasons for on-the-job injury motor vehicle accidents include:
- A negligent driver engaging in speeding, running stop signs, and other reckless actions
- A defective auto part causing the vehicle to malfunction
- Improper vehicle maintenance by the mainlands repair company
- Your employer is not scheduling regular maintenance
Defective Equipment or Machinery
When a worker sustains injuries due to a defective or dangerous product, they may be able to sue the employer and product manufacturer for compensation.
Employers can be found liable for installing defective items, while manufacturers can be held liable for producing and distributing such products.
Oil Field Injuries
The oil field offers thousands of Dallas residents a stable, great-paying job, but it isn’t without dangers. Oilfield accidents can leave workers with debilitating injuries and even death.
Here are some common causes of oil field injuries:
- Employers failing to repair or replace faulty equipment
- Defective drilling rigs
- Hiring poorly trained and inexperienced employees
- Violations of safety laws and regulations
We urge you to contact us immediately if you have suffered an on-the-job injury. Our team is ready to put our resources and expertise to fight for fair compensation for you.
Our team handles a variety of workplace accidents. If your injury emanated from someone’s negligence, contact us so we can help you hold them accountable for their misconduct.
Our Work Injury Attorney in Dallas Will Help You File a Lawsuit Before Deadline
If you are considering pursuing legal actions against your employer, coworker, or another party whose negligence is responsible for your harm, we want you to know that your time to do so is limited.
In Texas, work injury victims generally only have two years from the accident date to file a civil action lawsuit against their non-subscriber employer, general contractor, or another party, as per Texas Civil Practice and Remedies Code § 16.003.
We urge all work injury lawyers to seek legal help immediately following an accident. This is so that the attorney can retain all the time-sensitive evidence before they disappear. A good example is surveillance footage from security cameras at your worksite. They may record over old footage after a period of time.
Starting early also gives your attorney ample time to build a powerful case and advance with a lawsuit if the insurance does not agree to a fair settlement through a claim. If we wait to file a lawsuit after two years’ time-limit expires, it’s highly likely your case will get dismissed, and you’ll forgo your right to compensation.
Let Domingo Garcia Law Firm Fight for Justice and Compensation in Your Dallas Work Injury Claim
Attorney Domingo Garcia has been fighting for the rights of injured workers for over 35 years. His team has dedicated more than 30 years to helping bring many work injury and other personal injury cases throughout Texas to million-dollar settlement outcomes.
Your work injury attorney from our firm will do everything in our power to recuperate the compensation you deserve from the liable party. Here are some of the settlement verdicts we have achieved for our workplace accident cases:
- $1.250 million for a worker who passed away due to a lack of fall protection
- $12.5 million for a failure to replace aging natural gas lines, which caused a gas explosion
- $1.5 million for a worker who sustained electrical injury due to power line contact
- $2.15 million non-subscriber settlement for a victim that suffered severe injuries because of machine guard negligence
- $2.85 million for negligent operation of forklift resulting in a worker sustaining leg injuries and fractures
We are waiting to hear your workplace accident story and to explain how we can assist you in taking your claim to a successful outcome. Our attorney and legal counsel will use decades of our combined experience to build a strong, convincing case that demands and rightfully deserves fair compensation.
Work With Our Dallas Work Injury Attorney
If you were involved in a work accident in Dallas or have lost someone to the debilitating injuries stemming from the accident, hire our experienced legal team to represent your work injury claim or a wrongful death lawsuit. Domingo Garcia provides our services on a contingency fee basis. You don’t have to pay us a cent upfront until and unless we win you compensation.
Focus on your recovery while we investigate your case, file all paperwork, gather evidence, negotiate with insurance companies, and litigate your case in court, if necessary. We are honored to be part of your compensation recovery process. Contact us today and schedule a free—no-risk consultation.