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Work Injury Lawyer in Texas
Regarding workplace injuries, the playing field is always in favor of your employer. When your employer violates the countless regulations in place to protect workers from on-the-job injuries, they will try their hardest to deny you getting just compensation. Every seven seconds, a worker is injured in the United States. That equals 540 injured workers per hour, or 12,900 a day. A Work Injury Lawyer can help you maximize your recovery from not just pursuing your employer but third-party liability claims as well. Our team has recovered some of the most significant settlements and verdicts for workplace injury victims. These are not cases you want to leave to chance.
Do I need a Lawyer for a Workplace Injury?
Injury lawyers have a very specific role in workplace injuries. Many injury lawyers don’t handle workers’ comp claims; for that, you would need a worker’s compensation lawyer.
Work injuries, however, may go beyond your employer and involve third parties. For example, let’s say:
Brad works for a construction company. The construction company uses cranes as part of the building process. Brad is an upstanding employee who follows all the rules and was using the crane as the crane should be used. However, the crane collapsed and Brad along with several other coworkers were severely injured. It soon becomes clear that there was a defect with the crane that made it unsafe.
With all of the facts in our above example, the defect would make the crane manufacturer liable. To reach the full potential of justice, it’s important for any employee injured by a piece of equipment to seek the assistance of an injuries attorney.
Why Choose Carlson As Your Work Injury Lawyer?
The Carlson Law Firm has some of the most skilled and well-respected work injury lawyers in personal injury. Our team is ready to help you move forward with your life. We have nearly 50 years of experience holding negligent employers accountable for their actions. Work injuries can occur when you least expect them. These injuries can cost you in the time you have to take off work, medical bills, and pain and suffering. As the victim of a workplace accident, you may be entitled to compensation under Texas workers’ laws. Our team of work injury attorneys is ready to help you move forward with your life. Contact us today for a free consultation.
Are you covered if You’re Hurt at work?
Our first step may be exploring your workers’ compensation options. But workers’ comp alone may not be enough. Instead, a work injury lawsuit may be needed to gain fair and just financial payments for your workplace accident injury. Texas does not require private companies to provide workers’ compensation. If you sustain an injury on the job and your employer does not have workers’ compensation coverage you have the right to bring a personal injury lawsuit. This can be beneficial to you in two ways. A workplace injury lawyer can help you:
Who is At Fault for a workplace injury?
A workplace injury lawyer from The Carlson Law Firm can help you establish that your employer is at fault for your injury. Employers have the duty to exercise reasonable care and create a safe workplace for you. Unfortunately, that doesn’t always happen. An employer’s negligence or failure to adhere to their reasonable care duty can have lasting effects on your life.
An employer can be considered negligent in work injury cases for the following reasons:
Like most personal injury cases in Texas, the statute of limitations for filing a personal injury case against your employer is two years from the day the incident occurred. It is important that you speak to a workplace injury lawyer immediately after an injury. A work injury lawyer can help you on the road to recovery after you’ve been hurt at work.
Proving Workplace Injury Negligence
Negligence can take many forms. However, there are generally four main elements that a work injury attorney must be met to prove negligence by an employer. If the employer:
- Owed the victim a duty of case. Employers have an understood duty of care. It is an employers job to ensure that employees are safe when on the premises or using equipment.
- Breached the duty of care. After the duty of care is established, it must be proven that the employer somehow violated that care. Your attorney can prove a breach of duty if the act that led to your injury was something a reasonable person would have noticed.
- An injury actually occurred. In order to move forward with a case, workplace injuries should be measurable. This can be a loss of life, limb or any other physical injuries that occurred on the job. In some cases, emotional or psychological trauma can be considered when establishing a victim’s injuries.
- The injury was the result of the employer negligence. Simply, an employer must maintain proper safety measures to prevent injuries. By contacting a Carlson Law Firm workplace injury lawyer, we can help you establish an employer’s negligence.
What to do if you are Injured on the job
Work injuries can have serious lasting effects on the quality of your life. Depending on the severity of the injury, you can end up with lifelong pain. It is important to know what to do in the event of an injury to protect your rights from being trampled.
Can a Work Injury Lawyer Help Hold My Employer responsible?
After an injury in the workplace, you may believe that you can only get workers’ compensation. While this is a general rule, there are several exceptions where you may be able to recoup damages.
Sometimes your on-the-job injury might have been caused by the negligence of a third party. Depending on the circumstances, this other person or entity may be a designer or manufacturer of a defective piece of equipment or perhaps the driver of a delivery truck. If you are injured while at work due to the negligence of another party, you may have the right to bring a claim against that person or entity. These are known as “third-party claims.” Typically, these claims are not filed in the workers’ compensation universe. Rather, they take the form of civil lawsuits and are filed in state or federal courts.
Civil lawsuits for work-related injuries can typically seek additional personal injury damages that are not recoverable in a workers’ compensation claim. For example, the benefits you receive in a workers’ compensation claim are typically intended to reimburse you for your medical expenses and lost wages — you are usually not allowed to seek compensation for pain and suffering. In a third-party claim, you generally are allowed to seek compensation for pain and suffering, which is a category of “non-economic” damages.
There are several exceptions where you may be able to recoup damages. Those damages include injuries from:
The Bureau of Labor Statistics released a December 2017 report showcasing an increase in the number of on the job fatal injuries. Fatal workplace injuries hit a 13-year low in 2009, but have steadily increased since. The latest statistics from 2016 show that 4,098 wage and salaried workers died from workplace injuries that year alone.
In 2015, a report from the Texas Tribune showed that Texas leads the nation in the number of work-related fatalities. The article also mentioned that “Hispanic and Latino workers accounted for nearly 17 percent of all workplace deaths” in the United States.
There is nothing more painful than losing a loved one in an accident. You fully expect your spouse, parent or child to come home safe from work every day. While some costs are recoverable through a workers’ compensation claim, it may not be enough to truly cover the extent of your loss.
It is important to remember that you can sue your loved one’s employer in the event of gross negligence or intentional oversight that resulted in wrongful death. Contact a Carlson Law Firm Workplace Injury Lawyer for a free consultation.
Contact a Work Injury lawyer
The work injury lawyers at The Carlson Law Firm represent clients who have been hurt will while on the job. If workplace negligence is the cause of your injuries call a work injury lawyer at 800-359-5690 or fill out a contact form to schedule your free consultation.
Injuries can happen a number of ways in the workplace. Equipment malfunctions or other safety failures can result in a number of injuries including traumatic brain injuries, broken bones, crushed or mangled limbs. Workplace injuries can also include exposure to dangerous chemicals. Our team of experienced workplace injury lawyers can handle a wide range of cases, including:
- Construction site accidents
- Industrial and manufacturing injuries
- Farm and ranch accidents
- Oilfield accidents (fires, explosions, oil well blowouts, equipment failure, etc.)
- Gas explosions
- Foodservice injuries like burns and kitchen slip-and-fall accidents
- Back injuries and other lifting accidents
- Health care worker injuries
- General workplace injury in the office or warehouse
Call The Carlson Law Firm for reliable help
Workplace injury litigation requires specialized knowledge. Our years of experience representing injured workers and their families in wrongful death cases gives us an advantage when handling cases. Don’t let another moment pass without an experienced advocate on your side to protect your rights and fight for your recovery.
There’s a Carlson Law Firm near you
With 16 locations throughout Texas, there’s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Laredo, Bryan, Lubbock, Midland, Baytown, Wichita Falls, Kerrville and Corpus Christi.