We all expect to work in a relatively safe environment, but sometimes, negligence by a third party or someone’s careless actions can cause a serious workplace accident. In many cases, the injured employee should be able to file a claim for workers’ compensation benefits for medical care from their work-related injury. In other situations, though, a third party’s negligence may lead to the death or serious injury of an employee.
If you lost a loved one due to third-party negligence, you may be able to pursue a wrongful death lawsuit with the help of a Dallas wrongful death lawyer. If you were injured on the job, you need to talk with a Dallas work injury lawyer. In either case, you can contact the experienced work injury and wrongful death lawyers of Benton Accident & Injury Lawyers today at (214) 777-7777 for a free consultation about your case.
When Can an Employee Sue an Employer after an Accident or Injury in Texas?
In most situations, Texas workers’ compensation covers medical benefits for injured workers who were hurt while performing their job duties. However, suppose your employer is a non-subscriber (either willfully not carrying workers’ comp insurance or in a category where having this type of insurance isn’t required). In that case, you may be able to sue the party whose negligence harmed you.
Texas laws make workers’ compensation an exclusive remedy for injured workers. That means employees are not permitted to sue their employer for a work injury, nor can a deceased worker’s family sue for their loved one’s death if the employer carries workers’ compensation insurance.
However, if the employer doesn’t carry workers’ comp coverage, the employer can be sued if they were at fault for the worker’s injury or death. If a third party’s gross negligence resulted in the injury or death of an employee, that third party can be sued.
Workers Comp vs Third-party Claims / Lawsuits
If the workplace accident was caused by a third party, like a subcontractor, vendor, or another driver, you can file a personal injury lawsuit against that party.
Personal injury lawsuits provide a broader scope of compensation than workers’ compensation benefits. In a personal injury lawsuit, the injured worker can seek compensation for pain and suffering from their injuries and emotional trauma from the incident. Plus, under worker’s comp, you only receive a partial wage replacement – not the full amount you would have earned had you been able to work instead of being off work for your injury. Personal injury claims permit you to file for your lost wages.
Types of Workplace Accidents or Injuries That You Should Speak to a Lawyer About
Because Texas doesn’t require employers to carry workers’ compensation insurance, there’s a good chance that your only recourse to recoup your expenses following the workplace accident is through a lawsuit. If your employer doesn’t have workers’ compensation insurance, they’re required to post signage indicating this.
Even if your employer has workers’ compensation insurance, talking to a Dallas work injury lawyer is still a good idea. Sometimes, an employer or the insurance company may deny a valid claim or minimize your claim, saying that you aren’t hurt as badly as you actually are.
Some common workplace injuries that you should talk to a lawyer about include:
- Any head injury. Even a mild concussion can have lasting effects, like changing a person’s personality or affecting their memory. A more serious concussion or a traumatic brain injury may lead to early-onset dementia, permanent brain damage or personality changes, or an inability to live independently.
- Any chronic medical condition caused by toxic exposure. This could include chemicals or fumes from oil or gas. The injured person could develop cancer or another progressive disease.
- Involuntary amputation renders the victim permanently disabled. This injury requires treatment for the initial injury, as well as a prosthesis and therapy to learn how to use it.
- Burn injuries may require extensive and painful skin grafts. The injured person may be permanently disfigured and suffer emotional distress because of their changed appearance.
- Repetitive motor injuries, like carpal tunnel syndrome. These could require surgery and affect a person’s ability to work.
- Back or spine injuries, such as those sustained by repetitive lifting of heavy objects or in a fall. Without good medical care, the injured person could end up partially or totally paralyzed or have their ability to walk compromised.
This isn’t an exhaustive list of workplace injuries you should talk to a lawyer about, just some of the more serious ones. The money you get from filing a third-party lawsuit can help cover your medical care, lost wages, and any therapy you need to recover.
Proving Negligence in Workplace Injury Cases
For personal injury lawsuits, your attorney must prove that the at-fault party had a duty of care to look out for your safety but abandoned that duty of care. Your lawyer might:
- Analyze equipment maintenance records
- Evaluate personnel records
- Check whether the at-fault party was certified to operate the machinery they were using.
- Review toxicology reports of the person who caused the accident
Why Choose Benton Accident & Injury Lawyers For Your Workplace Injury Case?
Results matter – and that’s what our legal team delivers. We’ll take your case seriously, whether it’s a workers’ comp claim or a personal injury lawsuit.
We’ll seek the maximum settlement in your case through negotiations or in court. Our deep knowledge of Texas laws means we know how to build a strong case against the at-fault party.
Frequently Asked Questions
Following a workplace injury, we know you may feel confused about your next steps. Our lawyers are ready to address all of your concerns. Please review our frequently asked questions and contact us for a free consultation at (214) 777-7777.
Many Texas employers offer workers’ compensation benefits to employees who are injured on the job. Workers’ compensation is a specific type of insurance that can offset some of your expenses or lost wages. Though this can be helpful, if a third party has seriously hurt you, your workers’ compensation will likely not provide financial support for the full amount you are owed. By taking legal action against the party that harmed you, you can expect to reach a much more favorable resolution.
Yes. In Texas, injured parties can only collect compensation if they are less than 51% responsible for their injuries. This is known as the 51% Bar Rule, a type of modified comparative negligence followed by a handful of states. If you choose to file a claim, the at-fault party may push back and try to blame you for your injuries. If they can successfully prove that you are more responsible for your injuries than they are, you may not be able to recover the compensation you deserve. Hire a lawyer to defend you against false attacks and accusations to avoid this scenario.
While the period immediately following a serious injury can be stressful, contacting a lawyer as soon as possible is best. The more time your attorney has to collect evidence, reach out to witnesses, and begin investigating your case, the better your legal outcome will likely be. However, injury victims technically have up to two years to file an injury claim in Texas. So, at the very least, if you need to collect compensation from the responsible party, ensure that you take action within two years from the date of your injury. Otherwise, you may be unable to collect the compensation you need.
Contact the Benton Accident & Injury Lawyers to Consult with a Work Injury Attorney in Dallas
If you or a loved one have been injured in a workplace accident, do not wait to contact an attorney at Benton Accident & Injury Lawyers. Workplace injuries include various injuries that can happen anytime in any industry. They can lead to physical and mental disabilities that prevent workers from earning their usual income. When you can’t afford medical treatment or support your family, your injury becomes a significant burden.
Our Dallas work injury attorneys have years of experience handling workplace accidents and understand many clients’ concerns in bringing a claim against their employer. However, if you have been injured due to your employer’s negligent behavior, you should not be responsible for covering all medical and related bills that result from your injuries. Benton Accident & Injury Lawyers will fight hard to recover the maximum workers’ compensation benefits you deserve. We can file an initial claim or appeal your denied claim and handle each step of the process for you.
Contact our offices today by calling (214) 777-7777 for your initial free consultation.