Need A Workplace Injury Lawyer in Houston, TX?
There is no industry where employees are 100% safe at all times.
While workers in some industries—such as construction or manufacturing and production—are at a much higher risk of being catastrophically injured (or even killed) in a workplace accident and suffering severe injuries, even office workers are exposed to repetitive strain injuries like carpal tunnel syndrome.
If you were injured on the job in Houston, TX, you might be wondering what to do next and whether you are entitled to compensation and we can help.
When you have been injured at work, our skilled Houston workplace accident attorneys can provide you with the support, direction, and counsel you need in order to recover your full compensation award. Call us now to get started on your workplace accident case as quickly as possible.
The most common causes of injuries in Houston
workplace accidents are typically the consequence of a violation of safety regulations, employer negligence or the negligence of other workers, and, in some cases, property defects or equipment malfunctions.
When workplace safety is not prioritized or when the required “duty of care” is not fulfilled, the following workplace accidents can occur:
- Overexertion or bodily reaction
- Slipping or tripping on a wet floor or falling from a height due to a faulty ladder or handrail
- Being hit by falling objects or getting caught or crushed in between heavy machinery or collapsing structures
- Transportation accidents
- Exposure to hazardous environments or substances
- Fires and explosions
The Most Common Workplace Injuries in Houston
Regardless of the cause, any workplace accident can result in crippling—if not fatal—injuries.
Here are some of the most common workplace injuries we have seen:
- Sprains, strains, and tears
- Soreness or pain
- Cuts, lacerations, and punctures
- Repetitive strain injuries (RSI) like carpal tunnel syndrome and tennis elbow
- Injuries caused by inflammation such as tendonitis, trigger finger, and De Quervain’s tenosynovitis
- Back and neck injuries like herniated disc and whiplash
- Burn injuries
- Electrocution injuries
- Extensive spinal nerve damage
- Bone fractures and dislocation
- Amputation injuries and loss of limb
- Concussions and other traumatic brain injuries (TBI)
Should You Initiate Your Workers’ Compensation Claim?
If you have been injured while performing your work-related duties, your employer has most likely told you that your injuries are covered by workers’ compensation (or workers’ comp) and that all you need to do to collect the amount of money awarded as compensation is to file a workers’ comp claim. While most workers injured in a workplace accident in Houston, TX, are protected by workers’ comp, this form of insurance can be complex. As a result, legitimate claims filed by workers are often denied, or they are only awarded a portion of the compensation.
Because of the complexities of workers’ comp claims—and, in some instances, the dishonest or unfair nature of an employer or an insurance adjuster—it is critical to have a thorough understanding of your rights under this insurance system.
While Texas, unlike other states, does not require employers to have workers’ comp coverage, most do.
However, the coverage often fails to provide workers with the necessary benefits—and in some cases, the workers may need to file a personal injury claim to recover their compensation award.
Our team of qualified Houston workplace accident lawyers can help you understand both compensation methods and is ready to start working on your case right away.
What Does Workers’ Compensation Insurance Cover?
If you are injured at work, workers’ comp can help you recoup the total value of your medical expenses as well as a portion of your lost earnings.
That being said, workers’ comp will not cover damages for pain and suffering, disability (short or long-term), or future healthcare costs. Therefore, you may want to consider filing a third-party liability suit as a form of compensation.
Can You File a Personal Injury Lawsuit After Being Injured in a Workplace Accident in Houston?
Workers’ comp is a type of “no-fault” system in which employees who are injured while performing their work-related duties can claim redress without having to establish their employer’s fault or risk being barred from recovery due to their own negligence.
However, in exchange for these no-fault benefits, employers are granted immunity from liability—meaning you cannot sue your employer for compensation, and the types of damages that you can recover are limited as well.
Due to this, you may also be able to file a different type of compensation claim: a personal injury claim called a third-party liability lawsuit.
A third-party liability lawsuit is a compensation claim brought against a third party whose negligence resulted in the workplace accident and the subsequent injuries you suffered.
In a workplace injury claim, this could include the owner of the property where the accident occurred (if not your employer)—or if the accident was caused by faulty equipment, the equipment manufacturer, or the party responsible for its maintenance.
What Type of Damages Can You Recover in a Third-Party liability claim?
One of the biggest advantages of initiating a third-party liability claim is that it allows you to seek compensation for the total value of your injuries, including 100% of your medical expenditures and lost income (both current and future) related to the injury.
You can also seek compensation for non-economic damages, such as emotional distress, humiliation, reputational damage, loss of enjoyment of life, or aggravation of pre-existing injuries.
NOTE: In Texas, the statute of limitations for a personal injury claim is two years from the date of the accident. This means that you must file your third-party liability claim in a Texas court no later than two years after the workplace accident that resulted in your injury.
What Must You Prove in a Third-Party Liability Claim?
While pursuing a third-party liability claim may result in a greater amount of compensation, the tradeoff is that you will need to prove the liability or fault of the at-fault party.
This entails establishing the following elements:
- The defendant (third-party) had a duty of care to you.
- The defendant breached this duty of care owed to you.
- The workplace accident and your injuries were a direct result of this breach of duty of care.
Call Our Houston Workplace Injury Attorneys Today for a Free Consultation
Our experienced and dedicated Houston workplace injury attorneys can assist you in navigating the workers’ compensation system or pursuing personal injury compensation in a third-party liability lawsuit. We also have courtroom experience you can depend on.
Please get in touch with us today to schedule a free consultation with our legal team and learn more about how our Houston workplace accident lawyers can help you present your case and get you the compensation you deserve.