Work injuries can be especially severe and even catastrophic. Victims may suffer paralysis, brain damage, or other serious, lasting harm.
In addition, their families may suffer long-term emotional and financial damages. Yet, you know this all too well.
Following an on-the-job injury, you can contact our law firm for assistance. For over 35 years, we have represented injured Texas workers and the families of workers injured due to someone else’s negligence. As a result, our work injury attorneys have recovered multi-millions of dollars in dozens of lawsuits involving many types of work injury accidents.
Our Texas Injury Team Will Start Your Case at No Cost
When you become our client, your attorney will work for you on a contingency-fee-basis. You won’t have to pay attorney’s fees unless we recover compensation for your work-related injuries.
With this fee arrangement, you may find it easier to afford your medical treatment, especially if it’s extensive. This arrangement also gives you peace of mind, knowing you don’t owe us retainers or hourly rates.
Filing a Workers’ Compensation Claim
If your employer has workers’ compensation insurance, you should file a workers’ compensation claim to be eligible for the various benefits you can receive. According to the Texas Department of Insurance, you have 30 days from your injury to report it to your employer. After you do this, you must file a workers’ compensation claim within one year of your injury.
You Can File a Third-Party Liability Claim Following a Workplace Incident
You could file a third-party liability claim if another party’s negligence caused your condition. So, a subcontractor, another business, or another party could owe you damages. You can also initiate a third-party lawsuit if your injuries resulted from a defective product you used on the job. You can file a third-party claim if:
- You or a loved one were employed at a construction site.
- Guardrails, hole covers, or other fall protection safeguards were not in place or not maintained by another contractor, your employee, or the general contractor.
- You suffered a fall and have serious injuries, or your family member was killed due to a fall.
It’s important to note that you cannot sue your employer if they carry workers’ compensation insurance in many workplace injury cases. However, you still have legal options against other parties, including the general contractor.
Personal Injury Claim vs. Workers’ Compensation Claim
Workers’ compensation and personal injury claims are similar but have key differences. One of the most significant differences is the type and amount of damages you can recover. You can get various compensation benefits from your employer in a workers’ compensation claim. As an injured employee, you could receive benefits such as:
- Temporary income benefits
- Medical benefits
- Burial benefits
- Death benefits
- Impairment benefits
However, you’ll be able to recover a higher number of damages in a personal injury claim. And a majority of the damages you can recover in a personal injury case, you won’t be able to get from your employer. We’ll address the damages you can recover for your work-related injuries in a civil lawsuit later.
But always remember, even if you file a workers’ compensation claim you can still file a lawsuit for additional personal injury damages against a negligent third party even if your employer has workers’ compensation insurance. The only way to fully understand your rights is to seek a free consultation from our Texas work injury lawyers at Domingo Garcia.
Common Types of Workplace Accidents We Handle
Workplace injuries arise from many different types of incidents. These can include:
Construction is one of the most hazardous work fields. According to OSHA, falls from heights are the most common fatal workplace accidents in the U.S. We advocate for people who have suffered these injuries while working on construction sites:
- Falls from heights have been and continue to be the number one cause of death on a work site
- Lacerations, including ones that can lead to limb amputation
- Burns, including third-degree burns
- Broken or even crushed bones
- Head and brain injuries
- Spinal cord trauma
We’ll also pursue damages if you were exposed to a toxic substance while on a worksite.
Many jobs require workers to drive either their own or a company car. Workplace accidents involving Houston auto accidents are unique. Liability could rest with an employer, property owner, or negligent driver.
We will review your situation and pursue what you’re owed. We will also update you on every aspect of your case’s progression.
Workers use forklifts on construction sites, warehouses, retail stores, and other locations. When the operator doesn’t drive a forklift properly, they can cause:
- Crushed bones due to a forklift rollover.
No matter what type of workplace injury you suffer, we’re ready to advocate for you.
Injuries Due to Faulty Equipment and Machinery
In many fields of work, workers must operate heavy, dangerous and heavy equipment or machinery. As a result, workers can suffer crushed bones, burns, and many other injuries. Here, liability can rest with a maintenance team or product manufacturer.
Accidents on Oilfields
Texas employs thousands of oilfield workers across the state. These employees are at daily risk of inhalation-related injuries, burns, and other impairments. We’ll champion your rights if you pursue damages as an oilfield worker.
Parties that Could Be Liable for Your Texas Work Accident
As an injured worker, you have a legal right to collect compensation for your financial losses. An experienced work injury lawyer will identify the responsible parties and seek maximum compensation on your behalf. You could even hold more than one party accountable for your losses, giving you more than one avenue of seeking damages.
Depending on the type of accident you suffered, there could be various liable parties. For example, 12 common liable parties in a Texas work injury case include the following:
- Your employer
- A general contractor
- A negligent coworker
- A subcontractor on the job site
- A job site supplier
- A property owner or manager
- A manufacturer or renter of equipment
- An engineer or a product designer
- An electrician
- A maintenance professional
- A pedestrian
- A motorist
What Damages Can You Claim in a Texas Work Injury Case?
After someone’s negligence leads to your injury, your losses can be overwhelming. However, you may have several recoverable financial and non-financial damages due to the accident and your injuries, such as:
- Complete wage replacement and related damages: A personal injury claim or lawsuit may let you recover all of your lost wages, as well as any lost benefits, bonuses, and retirement contributions. You could even claim lost earning potential.
- Medical bills: Compensation for medical expenses could include medication, assistive medical equipment, accommodative home renovations, life care, surgeries, and therapy.
- Pain and suffering and other intangible damages: Your injuries may cause significant physical and mental pain and suffering. You can seek these damages in your personal injury claim or lawsuit. You can also claim related damages, including anxiety, disability, disfigurement, paralysis, and loss of enjoyment of life.
- Other tangible damages: These could include property damage costs, hiring in-home help, and assistance with childcare.
We Will Seek Wrongful Death-Related Damages
If you lose someone you love in a Texas work accident, we sincerely apologize for your loss and what your family is going through. We’ll take on your case so you can have the time to grieve your loss properly. With our help, you can claim wrongful death damages, such as:
- Loss of consortium
- Loss of spousal support
- Loss of parental support
- A loss of family income
- Medical expenses
- Funeral-related expenses
- Pain and suffering
- Mental anguish
- Emotional distress
- Burial expenses
We Will Evaluate Each of Your Losses
Without assistance, you may not understand how much you can recover. Sure, you can calculate your medical bills and property damage receipts. But what about damages that don’t have inherent dollar values, such as pain and suffering?
A Texas work accident lawyer from our firm will evaluate your damages. They will use one of many methods recognized by employers, insurance companies, and judges. We may also consult economists, medical professionals, and mental health experts to learn more about your situation.
Your Personal Injury Lawyers Will Assert Your Case’s Value With Evidence
Listing your damages and presenting them to the insurance company isn’t enough. You must prove you have these damages. This requires evidence of your work-related injuries, such as:
- Your medical records
- Photos of the accident scene and any external injuries
- Your employer’s statement about the incident
- The injury report you submitted to your employer
- The report the police wrote up after the incident
- Onsite security camera footage of the incident
- Pedestrians who witnessed your accident
- Maintenance records of the equipment or machinery that caused the incident, if applicable
Our Personal injury law firm is ready to fight for the damages you qualify for after your work injury accident.
Texas Imposes a Deadline on How Long You Have to File a Legal Claim
Your Texas workplace injury attorney understands all laws that apply to your case, including the statute of limitations. You generally have two years to file your case, per Texas Civil Practice and Remedies Code § 16.003. By filing your case on time:
- You preserve time-sensitive evidence, such as camera footage.
- You uphold your right to damages through the civil court system.
- You prevent the other party from contesting your case’s validity.
Your Texas workplace accident injury attorney will meet all deadlines related to your case. Connecting with us as soon as possible prevents the statute of limitations from negatively affecting your situation.
What You Can Expect from Your Workplace Injury Lawyer
Our Texas workplace injury lawyers are ready to help you build a strong case and guide you through the legal process. We will:
Prove Liability for Your Accident-Related Losses
You must prove how another party’s negligence caused your injuries to recover personal injury damages. This involves showing that:
- The party was responsible for your well-being while at work.
- The party disregarded these obligations, perhaps by allowing hazards on the worksite.
- The other party’s irresponsible actions led to your injuries.
- You have various losses related to your injuries, such as medical bills and lost income.
We will show these elements using your case’s evidence. We must also understand your accident’s cause to assert them.
Establish How Your Accident Happened
After establishing the four elements of negligence, the next part of the legal process is identifying the event that led to your injuries. For example, our investigation may find one or more of the following factors caused your workplace injury such as:
- Operating employee equipment, like a crane or forklift, in an unsafe manner.
- An employer neglected to inspect and fix equipment, like safety gear.
- An employer failed to train their employees in workplace safety best practices.
- A general contractor failed to ensure their subcontractors have adequate experience or use appropriate safety equipment like harnesses and ropes.
- An equipment manufacturer failed to meet certain manufacturing standards.
- An employer failed to offer functioning work supplies or materials.
- Another party’s failure to adhere to safety regulations, such as those imposed by the Occupational Safety and Health Administration (OSHA).
File Your Insurance Claim With the Liable Party
Negotiations can be complicated. The liable party may contest your case’s validity. They may also offer less than you’re owed or refuse to settle.
However, your lawyer will push them to settle using various legal tactics. Still, if the insurance company refuses to settle, we’ll file a lawsuit and go from there.
Move Forward With a Lawsuit
If the insurance company refuses to settle, we’ll file a personal injury lawsuit and pursue what you need via litigation. We must support your case with evidence, witnesses’ testimony, and other information. We must also:
- Exchange information with the other party’s legal team.
- Follow courtroom protocol.
- Cross-examine witnesses.
- Take depositions.
As noted, we must also file your case within Texas’s statute of limitations. Negotiating with insurance companies, investigating your case, and proving negligence do not extend this filing period.
If you wait too long to initiate legal action, this could prevent you from seeking damages. However, depending on the details of your work accident, you may have a longer time to file a claim; we’ll let you know.
What Can You Do to Support Your Texas Work Accident Case?
You may wonder how you can support your injury case. We recommend that you:
Seek Medical Care
First, you should ensure you’re getting the medical attention you need. For example, if you suffered spinal cord trauma, you should consult with an orthopedic doctor.
Getting medical attention is important for your health. It’s also important for your compensation claim because the insurance company needs to know you’re preventing your injuries from worsening. Also, getting help from a healthcare provider can connect your injuries to a workplace accident.
Suppose you do not have insurance or cannot afford to seek medical care. In that case, our personal injury attorneys will refer you to a doctor or clinic that will not require payment until your case settles and you receive a financial recovery.
Limit Communications With the Liable Insurance Company
The liable party’s insurance company may contact you immediately after the accident. In addition, a claims adjuster may ask you for a recorded statement, which they can use to dispute your case.
They may even offer you a settlement immediately, hoping you’ll accept.
If you accept any amount of compensation from the insurance company, this frees it from liability. But, unfortunately, that means you would not be able to pursue financial recovery later on.
By allowing your lawyer to manage all communications with the insurance company, you can rest assured we’ll fight for the best possible outcome.
Refrain from Sharing the Accident’s Details With Others
Only you and your lawyer need to know about your case’s details. However, anything you share publicly or online could discredit your right to damages. This would make it difficult to recover compensation.
During your case’s progression, avoid the following:
- Sharing videos or photos of yourself online.
- Making comments about your job or the liable insurance company.
- Giving the insurance company a recorded statement.
- Attempting to manage case-related communications on your own.
We’re not kidding when we say we’ll manage each aspect of your case. First, we want you to focus on recovering from your injuries. In the meantime, we’ll pursue what you need and build the strongest possible claim.
Our Texas Workplace Accident Firm’s Track Record
Our firm has an excellent track record of settlements, and we owe much of our success to our lead attorney, Domingo Garcia. He earned a spot in the Texas Top 50 Settlements for 2019. Over the years, he and his legal team have secured the following:
- A $5 million settlement for a victim of a scaffolding collapse.
- A $3.83 million recovery for the family of an injury victim who lost their life due to a concrete pump incident.
- A $3.7 million verdict for a worker injured because of faulty guardrails.
- A $2.8 million settlement for the injury victim of a forklift accident.
- A $2.75 million verdict for a roadside worker who lost their life after being struck by a commercial vehicle.
We’re confident in our abilities to recover compensation for your losses.
FAQs About Work Injuries in Texas
You can get the answers to your questions during a free case review. During this initial meeting, you can learn about your legal options, the case’s strengths, and other relevant details. Below we’ve listed commonly asked questions we get from injured clients.
What Happens If I Contributed to the Accident?
Being partially at fault for an accident does not disqualify you from seeking damages. You have rights under Texas Civil Practice and Remedies Code § 33.001. This law notes that you can seek damages if your fault is less than 50%.
Our lawyers will protect you from unjust allegations of fault and fight for what you need. Even if the other party blames you entirely for the accident, don’t let this discourage you from seeking legal help from our team.
How Much Can I Recover for My Losses?
The value of your injury case depends on your situation. Your lawyer will review the following:
- The injuries you suffered
- Your condition’s severity
- Your estimated recovery period, if you can recover fully
- The cost of your medical care and other related expenses
- Your lost income and current future earning power
Our team will fight for every penny you need to account for your damages. However, when your case resolves, it should leave you with no out-of-pocket expenses.
Why Should I Partner With Your Law Firm?
For over 30 years now, the lawyers at our Texas firm have assisted injured workers. Our attorneys also assist families who have lost loved ones. Today, we’d like to put our many years of experience to work for you.
Your work injury attorney in Texas will explore your legal options. Filing a third-party claim or lawsuit can yield damages. Regardless, you can expect your attorney to help you make sound decisions and resolve your case.
How Long does It Take to Recover Damages?
In our years of experience, we’ve learned that every case progresses differently. Sometimes, we file a claim and immediately get a fair offer. However, those cases take a few days or weeks to complete.
Other cases are more complicated. They require us to consult with experts, gather compelling evidence, and negotiate with the other party. As a result, those cases can take longer to resolve.
The key to getting a fair settlement is patience. It’s tempting to accept the first offer that comes your way. Yet, our lawyers believe you shouldn’t have to pay for anything out of pocket; instead, the other party should. So let us manage your case’s progression and outcome.
Contact Us to Work With Our Texas Workplace Accident Team
At Domingo Garcia, we have the legal experience to help you recover fair compensation from negligent parties. We’ll help you meet the deadline for a lawsuit or meet the requirements of a third-party claim during this difficult time. We’ll also help you recover benefits for workers’ compensation, such as medical benefits.
Contact us today to get started with your case. We’re eager to listen to your story and provide legal advice.