Workplace accidents occur every day, often through no fault of the injured party. If you or a loved one sustained injuries in a work accident caused by someone else’s negligent or wrongful actions, an Arlington work injury lawyer with Domingo Garcia can assist with pursuing compensation for your damages.
Our legal team has helped catastrophically injured workers from across Texas seek justice. We can fight to secure the financial resources you need to pay for your current and ongoing medical care. We can also seek awards to help you support your family financially while you heal or adjust to your new way of life.
Common Workplace Accidents and Injuries
The Texas Department of Insurance (TDI) reports that about 178,600 Texas workers suffered a non-fatal workplace injury in 2020. This amounts to an average of two injury cases per 100 full-time employees.
According to the National Safety Council (NSC), some of the most common non-fatal work accidents include:
Falls
Falls can occur from a higher level or the same level. Fall injuries range from sprains, strains, tears, and broken bones to severe and life-changing injuries. In fact, according to the Mayo Clinic, falls are a common cause of both traumatic brain injuries (TBIs) and spinal cord injuries (SCIs).
- Traumatic brain injuries: TBIs can cause serious and permanent complications and side effects, including memory problems, loss of coordination and movement, loss of cognitive function, paralysis, seizures, depression, irritability, mood changes, and speech and communication problems. TBIs can also lead to coma, vegetative state, and brain death. Head injury sufferers may require a lifetime of medical care and nursing assistance, including help with activities of daily living (ADLs), like grooming, eating, bathing, and toileting.
- Spinal cord injuries: A sudden or traumatic blow to the neck, head, or body can cause injury to your spinal cord or spinal column, which contains nerves that send signals throughout your body. An SCI can affect feeling and movement below where the spinal damage occurs. Individuals with “complete” spinal cord injuries experience a total loss of sensation and motor function, while those with “incomplete” injuries retain various degrees of feeling and movement.
Spinal cord damage is permanent, and treatments usually center on reducing further injury and helping individuals learn to live with an SCI. Unfortunately, SCIs also increase the risk for several other serious medical conditions, including pneumonia, blood pressure issues, lung problems, inability to control bladder and bowel movements, bedsores, and sexual health problems.
Incidents Involving Objects and Equipment
The NSC reports that in 2020, nearly 17 percent of accidents with injuries involving days lost at work were caused by contact with objects or equipment. This type of accident includes:
- Objects or equipment striking a worker
- A worker getting caught, crushed, pinched, squeezed, or compressed by equipment, objects, structures, materials, ropes, or wires
- Friction/pressure injuries
- Vibration injuries
- A worker striking against, bumping into, stepping on, kicking, or getting pushed or thrown into an object or equipment
In addition to TBIs and SCIs, object and equipment accidents can also result in:
- Broken and crushed bones and limbs. According to the Cleveland Clinic, broken bones, also called fractures, occur due to physical trauma or repetitive use/stress. Broken bones range in severity and can include multiple fractures in a single bone or bones that protrude through the skin.
Upper body fractures include injuries to the collarbones, ribs, face, shoulders, hands, and wrists. Common lower body fractures include injuries to the pelvis, hips, legs, feet, and ankles. Treatment for broken bones may involve surgery, bone grafts, immobilization, and a prolonged period of rest and recovery. - Internal bleeding. Medical News Today reports that internal bleeding is a symptom of traumatic and crush injuries. Internal bleeding, or hemorrhaging, can result from damaged blood vessels and organs. Side effects include low blood pressure, rapid heart rate, loss of consciousness, seizures, coma, and organ failure. Internal injuries can be severe and life-threatening.
Motor Vehicle Accidents
According to the NSC, more than 41,000 employees in the United States suffered a workplace transportation injury in 2020. Like falls, motor vehicle accidents are also a leading cause of spinal and brain injuries. In addition to the injuries already mentioned, work-related car accidents can cause:
- Whiplash
- Back and shoulder injuries
- Injuries to the face, eyes, nose, mouth, and ears
- Loss of limb or body part
- Chest and abdominal injuries
It is worth noting that some workplace motor vehicle accidents can involve large trucks and heavy construction vehicles, whose size and weight may increase the likelihood of catastrophic injuries.
Exposure to Hazardous Environments, Substances, and Contagions
The NSC reports that exposure accidents were the number-one cause of workplace injuries in 2020. Exposure incidents include contact with:
- Loud noises
- Extreme temperatures
- Radiation
- Infectious diseases
- Harmful substances
- Electricity
- Air and water pressure changes
- Oxygen-deficient environments
According to the Centers for Disease Control and Prevention (CDC), hearing loss is one of the most common exposure-related injuries. The agency reports that 24 percent of hearing difficulties among Americans stem from occupational exposure to noise and ototoxic chemicals, such as mercury, carbon monoxide, and certain chemicals and pharmaceuticals.
Burn and Explosion Injuries
The NSC reports that around 1,770 employees suffered a fire or explosion injury in 2020. According to Johns Hopkins Medicine, burns can result from contact with heat, radiation, chemicals, or electricity. Third-degree burns and burns covering large areas of the body can be severe and potentially fatal. In addition, burn injuries may require specialized treatment and cause permanent health complications and scarring.
Whatever type of injury or accident you sustained at work, if it was because of someone else’s reckless or irresponsible actions, our lawyers can fight for you. Our Arlington work injury attorneys can investigate your workplace incident and determine the cause of your injuries. Then, we will build a solid case proving you deserve compensation for your medical treatment, lost income, and more.
Texas’s Most Hazardous Industries for Work Injuries
Work injuries can happen in any occupation, but some jobs can be more dangerous than others. According to the TDI, some of the industries with the highest number of reported non-fatal injuries and illnesses in Texas in 2020 include:
- Transportation and warehousing
- Construction
- Manufacturing
- Healthcare and social assistance
- Accommodation and food services
- Agriculture, fishing, forestry, and hunting
- Oil and gas extraction, quarrying, and mining
- Arts, entertainment, and recreation
- Retail trade
- Utilities
Varying industries also pose varying risks. For example, the CDC reports that slip and falls on the same level are common in the wholesale and retail trade industries, while the Occupational Health and Safety Administration (OSHA) states that falls from heights are the leading cause of fatal construction accidents. Meanwhile, healthcare workers are more likely to suffer exposure to a contagious disease or infection.
We Represent All Types of Injured Workers
Our practice is not limited to the professions listed above. We help employees from across all occupations, including:
- Commercial vehicle drivers
- Factory workers
- Utility workers
- Sanitation workers
- Oil field/oil rig workers
- Electricians, roofers, plumbers, and other subcontractors
- Retail employees
If you or a loved one sustained on-the-job injuries, consider working with an Arlington work injury lawyer to learn more about your options for financial recovery. We can assist with an insurance claim or lawsuit against a non-subscriber employer or third party whose negligence contributed to your accident.
Fatal Workplace Accidents
Sadly, some work injuries are fatal. According to the TDI, the deadliest occupation in Texas is construction, which accounted for 27 percent of all occupational fatalities in the state in 2020. After falls, OSHA reports that the three leading causes of construction accident deaths are:
- Struck-by incidents, which involve a worker getting hit by a moving object, vehicle, or piece of equipment
- Caught in/between incidents, which occur when a worker is caught in or between machinery or objects or when a worker is caught in a cave-in or collapse
- Electrocutions, which can happen due to direct or indirect contact with electricity
In addition to construction, other industries with a high rate of fatal accidents in Texas include warehousing and transportation, mining and natural resources, and manufacturing.
If your loved one died from a work injury, you may qualify for wrongful death compensation. A wrongful death action allows family members to seek damages the deceased could have pursued with a personal injury case had they lived. Our Arlington attorneys can help with your claim.
Arlington Employers Owe Employees a Safe Work Environment
OSHA regulates most workplaces in the private sector in all 50 states, including Texas. According to OSHA, employers must follow agency regulations and provide workers with a reasonably safe workplace. Under the law, employers must:
- Ensure workplace conditions adhere to OSHA standards
- Provide a work environment free from serious recognized hazards (or notify workers of hazards and implement proper safety precautions)
- Provide safety training
- Ensure employees have safe equipment and tools
- Ensure tool and equipment maintenance
- Establish and enforce safety and health procedures
- Provide safety equipment in compliance with OSHA standards, such as hardhats, safety glasses, and fall protection
- Maintain records of work injuries and illnesses
- Correct cited OSHA violations
Furthermore, workers have the right to request an OSHA inspection and communicate with the inspector if they feel their work environment is unsafe. The law also protects employers from retaliating against workers who speak to OSHA or take civil action.
Our Arlington Work Injury Attorneys Can Fight to Hold Negligent Parties Financially Accountable
Liability for your work injury could rest with a non-subscriber employer or another party whose negligent actions led to your injuries, such as a general contractor, an equipment manufacturer, or a property owner. Your Arlington work injury lawyer from Domingo Garcia will help you identify those responsible for your accident and pursue all the awards owed to you.
According to Texas Civil Practice and Remedies Code Chapter 41, personal injury damages may include:
Medical Expenses
Healthcare can be costly, especially for severe injuries. For example, Healthcare.gov reports that the average three-day hospital stay costs around $30,000, and treatment for a broken leg can cost up to $7,500. If you do not have health insurance or lose your medical benefits because you cannot work, you may get saddled with the entire bill. Even with insurance, you could owe tens of thousands of dollars or more.
Medical expenses are even higher for those with a permanent or disabling injury. For example, according to the U.S. Government Accountability Office (GAO), the lifetime healthcare costs associated with an SCI can range from $44,000 to $115,000, depending on the extent of your injury.
It is unfair that you or your loved ones should have to pay for medical bills incurred because of someone else’s wrongful actions. Our Arlington work injury lawyers will review your current medical expenses and estimate the cost of your future medical needs. We will fight to ensure you have resources for necessary treatments, including:
- Medical transportation
- Hospitalization
- Doctor’s visits and specialist services
- Physical, cognitive, and vocational rehabilitation
- Surgeries and medical procedures
- Lab tests and diagnostic imaging
- Prescription medications
- Medical travel expenses
- In-home health services
- Long-term nursing care
Pain and Suffering
A catastrophic injury can rob you of your previous way of life. Additionally, coping with a severe injury involves physical pain and mental and emotional stress. Not all accident damages are tangible, but that does not make them less real. We can help you seek monetary awards for mental pain, emotional suffering, and physical harm, including:
- Loss of mobility or paralysis
- Loss of a body part or bodily function
- Severe and chronic pain
- Scarring and disfigurement
- Loss of cognitive abilities
- Post-traumatic stress disorder (PTSD)
- Anxiety
- Depression
- Loss of enjoyment of life
- Loss of career and educational opportunities
- Adverse changes to your daily life, interactions with loved ones, and ability to participate in activities you used to enjoy
Lost Income
You may need to take weeks or months off work while recovering from your injury. If you sustained a catastrophic injury, you may never be able to return to your previous job, or you may be unable to ever work again. We can pursue compensation for your past and future lost income, including:
- Back pay
- Medical benefits
- Retirement benefits
- Vacation pay
- Tips, bonuses, and other earnings
- Loss of future earning capacity
Property Damages and Various Expenses
Your injuries may leave you unable to perform household tasks, such as cooking and cleaning. We can help you seek compensation to pay for hired assistance. We can also help you seek any other out-of-pocket expenses related to your accident and injury, including medically necessary vehicle or home modifications.
Additionally, if your personal vehicle, tools, equipment, or other property sustained damage during your work accident, we can seek the cost of repairs or replacement.
Wrongful Death Compensation
Texas Civil Practice and Remedies Code Chapter 71 gives a deceased’s surviving children, spouse, or parents the right to recover compensation for their loved one’s wrongful death.
Awards include the deceased’s medical bills, lost financial support, funeral and burial expenses, and compensation for survivors’ mental and emotional pain and suffering. Survivors may also pursue compensation for the loss of their loved one’s guidance, companionship, and consortium.
Elements of a Work Injury Case in Arlington
Winning compensation involves proving that another party acted negligently and caused your injuries and financial losses. Our Arlington work injury lawyers can use their legal experience and knowledge of Texas law to help you build your case.
For example, let’s say you sustained an eye injury due to a lack of safety equipment. We will establish that the liable party:
- Owed you a duty of care. Your employer owes you a duty of care to provide a safe workplace, including furnishing proper safety gear.
- Breached the duty of care. Your employer breached the duty of care by failing to provide you with safety glasses or a face shield when working around hazardous substances.
- Caused your injuries with their actions. Your employer’s lack of safety equipment led to hazardous materials entering your eye.
- Owes you financial compensation. Your eye injury resulted in medical bills, lost wages, and pain and suffering due to physical harm and blindness.
We will back up your case using concrete evidence, which may include:
- Eyewitness and expert testimony
- Official workplace incident reports
- Medical bills and records
- Surveillance video
- Photographs of your injuries
- Photographs and physical data from the scene or your accident
- OSHA citations
- Pay stubs
- Receipts
Our Arlington Workplace Injury Attorneys Get Results
Attorney Domingo Garcia has advocated for accident victims for more than 35 years. He and his team know what it takes to get fair compensation for your work injuries. Our firm’s successful case record includes:
- A $26.5 million jury verdict for injuries resulting from a failure to train employees on fall protection equipment
- A $12.5 million settlement for an accident caused by a failure to replace aging natural gas lines
- A $5 million settlement for injuries involving dangerous scaffolding
- A $4.35 million settlement for a fall caused by a lack of guardrails
- A $3.175 million settlement for a hand-amputation injury caused by negligent equipment maintenance
Every case is different, and your compensation depends on factors unique to your accident, injuries, and specific financial losses. While we cannot estimate your case’s value until we get to work for you, we can promise we will fight for every cent to which you may be entitled.
What Can the Arlington Work Injury Attorneys at Domingo Garcia Do for You?
We understand that you are going through a challenging time. You likely worry about your health and future while also dealing with financial issues caused by your injury. Let our team handle your legal problems, so you can turn your time and energy toward your recovery and family.
Our Arlington Workplace Injury Lawyers Will Communicate on Your Behalf
We know how to communicate and negotiate with insurance companies and other involved parties. And, because we have more than three decades of personal injury experience, we are familiar with insurance tactics and know how to protect your rights.
Once you hire legal representation, insurance adjusters and opposing attorneys should communicate through your Arlington work injury lawyer. If an agent contacts you, do not give them details about your injuries, medical treatment, or accident. Do not agree to provide a recorded statement, and do not accept a settlement offer.
Instead, politely and firmly direct the insurance company to speak with our firm. Our Arlington work injury lawyers will serve as your voice, which protects you from saying or doing something that could hurt your claim. We will aggressively negotiate for the best possible case outcome, and all settlement offers should go through us. Do not sign an agreement without consulting your attorney.
We Will Help You Get Medical Care
If you have an injury, you must seek medical treatment if you have not already done so. Make sure you follow your doctor’s advice and do not miss medical appointments. Failing to adhere to your treatment plan or follow up with your doctor could hurt your work injury case. If you have new or worsening injuries, let your healthcare provider know immediately.
We Will Keep You Informed
We will never leave you in the dark about your case’s status. Our legal team will ensure you get frequent case updates. When you reach out, we will ensure your calls or emails are answered promptly. And, when you have questions or concerns, we will address them straightforwardly – not with confusing legalese.
Our Arlington Attorneys Will Get Started on Your Work Injury Case Today
Do not let your time to take legal action run out. Texas Civil Practice and Remedies Code § 16.003 allows up to two years from your accident or your loved one’s death to file a personal injury or wrongful death lawsuit. This deadline may also affect insurance claims. Our lawyers can help you get started before time expires.
Start Working With an Arlington Work Injury Attorney at Domingo Garcia
Domingo Garcia works on contingency, meaning our fees come from a percentage of your case winnings. Therefore, you owe us nothing if we do not achieve a settlement or verdict in your favor. To learn more about us and our commitment to our clients, contact us today for a free consultation.
