If you or a loved one were hurt on the job, you may be able to collect compensation, but there is another option besides filing a claim through workers’ compensation. You may also be able to file a non-subscriber claim against your employer, or a third-party claim against a general contractor or even another subcontractor. If you lost a family member in an accident, you could also file a wrongful death lawsuit.
A Houston work injury lawyer from our firm can help you decide what action to take, help to file your claim or lawsuit, hold the responsible party to account, and collect your due damages. We can tell you more during a free consultation with a member of our team.
What Are My Options if I’m Injured at Work?
In Houston, injured workers may be able to file a workers’ compensation claim, a third-party claim, a non-subscriber claim, a personal injury lawsuit, or a wrongful death lawsuit. However, sometimes, only certain options are available to a worker.
You can discuss your options with a Houston work injury lawyer from our firm.
For a free legal consultation with a work injury lawyer serving Houston, call (713) 349-1500
Should I I File a Claim Through Workers’ Compensation?
If you’re an employee with a company that provides workers’ compensation, you should always file a workers’ comp claim this allows you to receive immediate medical and income assistance It does NOT bar or limit your rights from bringing a case against a third party (someone other than your employer) that is at fault (or even partially at fault) for your injuries.
Some employers have insurance plans that look like workers compensation, but are actually non-subscriber insurance policies. You have different rights when an employer has non-subscriber insurance vs. workers’ compensation. For instance, you can sue your employer for negligence if they are a non-subscriber, but not if they have Texas Workers Compensation insurance. But be aware, these two insurance plans may look identical and your employer may call their “non-subscriber” insurance “workers compensation”.
We can help determine what type of insurance you have and your rights in a free consultation. You will not be charged anything unless we make a financial recovery for you.
Houston Work Injury Lawyer Near Me (713) 349-1500
What Is a Third-Party Claim for Work Injuries?
Filing a third-party claim may be another option for you. This type of claim is generally a personal injury claim you can file against a party other than an employer. You may be able to file a third-party claim against your general contractor, for example, or you could file a claim against a product manufacturer if you were harmed by a product you had to use for work or even another motor vehicle driver
With a third-party claim, you can recover more damages, including some non-financial damages, such as pain and suffering. You can also choose your own doctor.
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What Is a Non-Subscriber Claim for Work Injuries?
If you’re an employee or subcontractor with a company that does not provide workers’ comp, you might be able to file a non-subscriber claim against the company. This kind of claim allows Texas workers to recover compensation from companies that choose not to provide workers’ compensation benefits.
With this kind of claim, you may be able to recover more damages than you’d be able to recover through a workers’ comp claim. You’ll also be able to choose your own doctor.
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Can I Sue My Employer/General Contractor for a Work Injury in Houston, TX?
You don’t have to file any kind of claim at all. Instead, you could choose to file a personal injury lawsuit against a party, such as your employer or general contractor. However, you may not have the option to sue that particular party if you have workers’ comp benefits through them.
Your lawyer may advise you to sue if you want to hold the other party directly to account for your injuries or if your injuries are severe or catastrophic. For instance, you might want to sue if a colleague’s actions were grossly negligent or if you suffered a serious head injury. If a loved one lost their life in a work incident, you may want to file a wrongful death lawsuit.
With any kind of lawsuit, you could demand damages you wouldn’t be able to demand in any kind of claim. In Texas, suing can be the only way to recover certain damages.
Who Is Responsible for My Work Injuries in Houston?
You may be sure a particular party is responsible for your injuries. For example, you may believe your employer is responsible. This may be the case, but another party may be entirely responsible or share responsibility according to the law. You may also be able to pursue compensation from multiple parties.
One of the Houston work injury lawyers from our firm can help to identify the responsible parties in your case. They may include any of the following:
- Your employer or general contractor
- A subcontractor on the work site
- A supplier of a work site
- The property manager or owner
- A company that rents equipment to your company
- An equipment producer
- An engineer or electrician
- A maintenance provider
- A colleague
- A pedestrian motorist
What Work Injuries Are Common in Houston?
Unfortunately, workplace accidents and injuries are all too common. Some are more common and serious than others. In Houston, some of these accidents and injuries include:
Construction Accident Injuries
On construction sites, workers face very serious risks, especially when they work with harmful materials and heavy equipment. High structures also pose especially serious risks. According to the Occupational Health and Safety Administration (OSHA), falls from high structures are the most common fatal accidents on U.S. construction sites.
Some other common accidents on construction sites are:
- Electrocutions: These incidents can happen when a worker makes contact with an energized source, like exposed wiring, or when a worker uses an extension cord improperly.
- Struck-by incidents: These can occur when a worker is struck by a piece of machinery, some debris, or a vehicle.
- Caught-in or -between incidents: These happen when a worker gets caught by machinery, caught in a cave-in, or caught between a moving object.
The most common injuries on construction sites are:
- Head injuries that may cause brain injury
- Bone injuries, including broken or even crushed bones
- Stress injuries that occur due to performing a task repetitively
- Skin injuries, such as serious burns
- Cuts, including serious lacerations that can amputate a limb
Forklift Accident Injuries
In construction, retail, and other fields of work, forklifts are commonly used. However, when they aren’t used safely, an accident can occur. A victim may suffer:
- Whiplash if a driver had been driving too fast
- Impalement if a co-worker is hit with the forks of the forklift
- Crushed bones if the forklift topples over
Equipment and Machinery Accident Injuries
Some workers in various jobs have to use equipment or machinery that must be operated according to particular procedures. When it isn’t operated properly, a worker can suffer an injury like:
- A serious burn
- A broken or crushed bone
- A spinal injury
Motor Vehicle Accident Injuries
Many workers have to work in vehicles, work with colleagues who operate vehicles, or work in areas open to pedestrian vehicles. These workers can be involved in motor vehicle accidents and suffer such injuries as:
- Bone fractures
- Organ injury
- Cuts due to glass shattering within the vehicle
- Injury to the spine, possibly resulting in paralysis
- Traumatic brain injury
Oilfield Accident Injuries
There are hundreds of oil fields surrounding Houston’s city limits. There are also many accidents in these oilfields, resulting in such injuries as:
- Slip and fall-related injuries
- Vapor poisoning
- Neck and back injuries
What Damages Can I Claim for My Work Injuries in Houston, TX?
The injuries we’ve described can be very serious, resulting in many financial and intangible damages. You may have many of these damages. If you do, you won’t be able to address all of them with a workers’ comp claim.
With a non-subscriber claim, a third-party claim, or a lawsuit, you can address all of your damages. One of our firm’s work injury lawyers in Houston can help you list your damages in your claim or lawsuit so the insurance company can’t ignore them. Your list of damages may include:
- Complete wage replacement: Workers’ comp doesn’t let victims of injuries request all of their lost wages. However, other claims or lawsuits let you request all of your lost wages, as well as lost bonuses, benefits, and retirement contributions. Additionally, you can request lost earning potential as a damage.
- All medical bills: You can claim these through workers’ comp, but that doesn’t mean workers’ comp will cover all of them. Another claim or a lawsuit can cover all of your medical bills and even your bills for accommodative home renovations, long-term care, and therapies. Even occupational therapy can be covered.
- Other financial damages: These may be bills for personal property damaged or destroyed in the accident, like your vehicle. You could also claim the cost of hiring a homecare worker if you need work done around your home while you recover.
- Your intangible damages: As a victim, you deserve coverage for all of your financial and non-financial damages. Your non-financial, intangible damages may be physical pain, mental suffering, anxiety, disability, disfigurement, lost consortium, and/or lost enjoyment of life. However, you can’t request any of these damages through workers’ comp.
Wrongful Death Damages
If one of your family members lost their life in a work-related incident, we’re very sorry for your loss. You and your family must be experiencing a lot right now. You deserve some recompense for your damages, which may include:
- The cost of a funeral and a burial/cremation
- Loss of companionship
- Loss of parental mentorship
- Mental suffering
- Lost consortium
- Loss of enjoyment of life
- Your loved one’s unresolved medical bills
- Your loved one’s physical pain before passing
- Lost income for your family, including your loved one’s lost bonuses, benefits, and retirement contributions
How do I Know What My Houston Work Injury Case Is Worth?
On your own, you may not be able to determine what your case is worth. You could add up your financial damages, but you can’t easily attribute monetary values to your intangible damages, like your pain. This is something a Houston work injury lawyer from our firm can do for you.
Our lawyers have various methods for evaluating your intangible damages. These methods are recognized by many insurance companies and lawyers representing employers and general contractors, so there’s a good chance the insurance company in your case will recognize the evaluation method your lawyer uses. If so, the insurance company may hesitate to devalue your damages and reduce your payout.
Something else your lawyer can do for you is to refer to experts for their evaluations of your damages. This may help your lawyer evaluate your damages accurately. For instance, your lawyer could ask a physiotherapist for their evaluation of your physical pain. Our firm works with many different experts who may be able to help with your case in many ways.
How does a Houston Work Injury Attorney Prove a Case?
Attorneys require evidence to prove a case. Some of this evidence can be acquired from experts, like those in the medical field. For example, your attorney could request your patient records from your doctor and these records may indicate what your physical and financial damages are. Your attorney could also request a written statement from a workplace safety consultant. The statement could provide insight into how safe your workplace is.
There are many other sources of evidence for cases like yours, and your lawyer can seek out sources for you. These sources may include:
- Bystanders who witnessed the accident
- Footage from an onsite security camera
- The maintenance records for the vehicle, equipment, or machinery involved in the accident
- Your medical records
- A colleague’s cell phone photos or footage of the accident scene
- Your employer or general contractor’s incident statement
- The injury report you gave to your employer/contractor
- The police report
Details to Establish
Evidence will help to prove your case, but your lawyer may need to establish certain details as well. These details may be that:
- The medical care you got was necessary and approved by a professional
- Your injuries are as serious as you claim they are
- Your injuries are related to your work
- You weren’t injured due to inebriation or horseplay
Establishing Negligence
In your case against another party, your attorney must establish their negligence. This is necessary in order to prove the party’s liability for the incident and your damages. To establish negligence, your lawyer will have to show how:
- The other party was responsible for keeping your workplace safe (such as by following protocols for work safety)
- The other party failed in their responsibility (such as by breaching protocol)
- The party’s failure in responsibility caused the incident (such as an electrocution)
- You suffered actual, compensable damages (such as paralysis and physical therapy bills)
What Are Some Examples of Negligence in Houston Workplaces?
Unfortunately, negligence is common in Houston workplaces. Sometimes, negligence occurs when protocol isn’t followed or when a third party is neglectful. The following are some examples of workplace negligence in Houston:
- An employer or contractor ignoring OSHA regulations
- An employer providing employees with defective equipment
- An employer neglecting to provide proper workplace safety training
- A general contractor neglecting to screen subcontractors for adequate experience
- A contractor leaving broken equipment or machinery unfixed and unsafe to use
- An equipment manufacturer producing faulty equipment
- An employee ignoring proper procedure when operating equipment, like a crane
How Can an Attorney Help Me Win My Case?
Filing a claim or lawsuit with the appropriate party isn’t enough. To win your case, your attorney will have to negotiate a settlement with the insurance company and the lawyers or take your case to court before a judge. Your attorney will likely attempt to negotiate before they consider going to court.
During negotiations, your lawyer will argue your case to the other side and defend the evidence of your damages. However, the other side may refute your case and damages and refuse to settle the matter. If this happens, your lawyer can threaten to take them to court.
If the other side still refuses to settle your case, your lawyer can follow through and take them to court. They will file your lawsuit for you, argue your case to a judge, and push for a fair verdict.
Corroborating Your Case
Our attorneys associate with many different experts who may be able to provide invaluable services, such as testimony during court proceedings. Testimony from a medical expert, for example, could help to establish your damages with a judge.
Communicating OSHA Regulations
Our Houston worker injury attorneys understand OSHA regulations and how they apply in Texas work injury cases, so your attorney will be able to communicate these regulations and their applicability to the other side in your case. This may help them understand your case better.
For instance, if you were exposed to a harmful chemical, your lawyer could help the other side understand OSHA’s regulations about harmful chemical exposure. This may convince them of the legitimacy of your case.
What Can I Do in My Houston Work Injury Case?
There are a few things you can do for yourself and your case. Doing these things will allow your lawyer to focus on the rest of your case and protect it. You should:
Seek Medical Attention
Most importantly, you should get the medical care you need. For example, if you have a spinal injury due to an equipment-related accident, you should get care from an orthopedist and possibly a neurosurgeon. Take your doctor’s advice about getting medical attention.
Getting the care you need is important for your health and your work injury claim. If the insurance company learns you aren’t getting the medical attention you require, they may say you caused your injuries to worsen. The insurance company may refuse to cover your worsened injuries and related damages.
Many injuries can have no initial symptoms but worsen over time. For example, a concussion may have no initial symptoms but have serious symptoms later on. If you haven’t seen a doctor since your accident, you should see one right away since you may have an injury without any current symptoms.
Be Careful Who You Speak With
An insurance company may be trying to reach you to discuss your case. You should avoid speaking with them because they may try to diminish your case and lowball your settlement payout. Instead of speaking with the insurance company at all, direct them to a work injury attorney from our firm. Your attorney can speak on your behalf and protect your case and payout.
You should also avoid speaking with colleagues about your accident and injuries, as it may jeopardize your case. You can discuss these things with your family and your attorney, however. Finally, avoid posting about the incident on a work forum or any kind of social media.
Hire an Attorney Soon
By hiring your lawyer soon, you’ll give them more time to gather evidence for your case and work on it. For example, your lawyer will have more time to collect and corroborate statements from any of your colleagues who witnessed your accident. Your lawyer will also have more time to establish the responsible company’s negligence and their liability for your injuries.
Also, if you hire your lawyer right away, you’ll give them more time to meet a filing deadline for a lawsuit or potential lawsuit in Houston. If you’re not considering a lawsuit right now, you should consider one since a lawsuit may become your best option in the future.
How Long do I Have to Sue for Work-Related Injuries in Houston, TX?
Per Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of an incident to file a personal injury lawsuit or a wrongful death lawsuit. Your attorney can help to meet this deadline.
Can I Be Fired for Hiring a Work Injury Attorney in Texas?
According to Texas Labor Code § 451.001, you cannot be fired for hiring an attorney to pursue a work injury claim or lawsuit. You can hire an attorney at no risk to you.
The Cases Our Houston Work Injury Firm Handles
Our firm helps victims of personal injury incidents and the families of these victims. Many of these people are not able to rely on workers’ compensation to cover damages affecting the entire family, so they turn to us for help. Our legal team helps them recover their due damages stemming from a construction accident, oil field accident, other work-related injuries, or a wrongful death.
Our Houston work injury and accident lawyers can assist many different people in many sectors. We help construction workers, farmers and ranchers, warehouse clerks, factory employees, workers in the oil and hydraulic sectors, trash collectors, roofers, and installation, maintenance, and repair technicians.
We’re confident we can help you in your case, too.
Our Houston Work Injury Firm’s Record of Success
Our firm has been assisting the people of Houston for over 30 years. In this time, we’ve had many successes, including a major success in 2019. That year, our lead attorney, Domingo Garcia, won a spot in the Texas Top 50 Settlement for 2019. Our team has had many other successes with work injury cases, including the following:
- Securing $2.75 million for the family of a roadside worker who lost their life in a commercial vehicle accident
- Securing $3 million for a person involved in a forklift-related accident
- Recovering $3.83 million for the family of an individual who lost their life in a concrete pump-related accident
- Recovering $4.35 million for a worker who was injured in an accident involving faulty guardrails
- Winning $5 million for an individual involved in a scaffolding collapse
Continuing Our Success
We hope to continue our success with you and your work injury case. During a free initial consultation with a member of our team, we’ll review your case with you, explain how we can help, and give you an idea of what you can expect from us.
After your consultation, if you decide to hire one of our Houston work injury attorneys, you’ll be able to expect your attorney to fight for a fair outcome to your case. Additionally, your attorney will work for you on a contingency-fee basis, so you won’t pay them anything at all until and unless your attorney is successful with your case.
With the contingency-fee arrangement, you should find it easier to afford the medical care you need and your other damages, such as the cost of hiring a homecare worker. Also, your attorney may be able to help you afford medical care even more easily by putting a postponement on your medical payments even if you don’t have health insurance. You would be able to make your payments with the money you collect from your case settlement.
Contact Domingo Garcia for Your Work Accident Attorney in Houston, TX
If you or a loved one got hurt on the job, you may be able to file a non-subscriber claim or a third-party claim. If you lost a loved one in a tragic work accident, you can file a wrongful death lawsuit. Our firm can help regardless of what your work-related situation may be. One of our lawyers can hold the responsible party accountable for you and collect your due damages from them.
Contact Domingo Garcia today for your free consultation and case review. We’ll evaluate your situation and advise on the best way to move forward.
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