Workplace Injury Lawyers
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Workplace Injury Representation For Injured Employees
There are countless regulations in place to protect workers from on the job injuries. Still, every seven seconds, a worker is injured in the United States. That equals 540 injured workers per hour, or 12,900 a day. If you or a loved one suffered an injury while on the clock, a workplace injury lawyer can help you pursue the maximum recovery from third-party liability claims. We investigate accidents and uncover responsible parties to hold them accountable for the harm their negligence causes. A work injury lawyer can help you on the road to recovery after you’ve been hurt at work.
The team at The Carlson Law Firm has an expert workplace injury lawyer ready to help you move forward with your life. We have more than 40 years of experience holding negligent parties accountable for their actions. Work injuries can occur when you least expect. 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.
Contact a Texas Workplace Injury Lawyer from The Carlson Law Firm at 1-800-359-5690. Our firm offers free, no-obligation consultations and has 12 offices across the state of Texas. Find a workplace injury attorney near you:
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:
- Recoup the full amount for the damages you suffered. In most cases, workers’ compensation only pays around two-thirds of worker’s wage loss for temporary disability benefits. These benefits usually have a wage cap and are for a limited time.
- Collect punitive damages. This includes pain and suffering and any other emotional distress you suffered at the hands of your employer’s negligence.
Who is at Fault for a Workplace 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.
A workplace injury lawyer from The Carlson Law Firm can help you establish that your employer is at fault for your injury. Employer negligence includes:
- Bad Hiring
An employer shows negligence if an individual who has committed a serious crime such as murder, sexual assault, injury or theft is hired. Employers who don’t conduct a basic background check can be negligent in a court of law.
- Inadequate Training
Once hired, employees should be adequately trained on all equipment they will use for the duration of their employment.
Employers have a responsibility to maintain a safe work environment for all of their employees. If an employee is irresponsibly handling dangerous equipment then an employer must take corrective action. If you suffered an injury through the negligence of another employer contact a workplace injury lawyer today.
- Poor Supervision
Negligent supervision occurs when an employer fails to reasonably monitor or control the actions of employees. This can include failure to monitor proper equipment use or reports of sexual harassment
Like most personal injury cases in Texas, the statute of limitations to 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.
What are the duties of an employer?
No matter what industry you work in or what type of work you do, employers are required to keep workplaces safe and free from preventable injuries. This means that employers need to have to the right equipment and keep that equipment maintained. In addition, employers have a responsibility to ensure that workers have the proper safety equipment. In fact, according to the Occupational Safety and Health Administration (OSHA), employers are required to provide you the personal protective equipment (PPE).
Personal protective equipment means any item that needs to be work to minimize exposure to a variety of hazards. In fact, according to OSHA, employer-provided protection equipment includes, but is not limited to:
- Proper footwear
- Boots with steel toes
- Non-prescription eye protection
- Prescription eyewear inserts/lenses for full-face respirators
- Face shields
- Fire fighting PPE (helmets, gloves, boots, suits, full gear)
- Hard hats
- Hearing protection
- Welding PPE
- Ladder safety belts
- Climbing tools
- Window cleaner safety straps
- Life jackets or other personal floatation devices
- Encapsulating chemicals protective suits
- Reflective vests
- Chemical resistant gloves
On the other hand, employers aren’t required to pay for everyday items such as street shoes, normal work boots, sunscreen or long sleeve shirts. However, if you work in the elements, your employer may be required to provide weather-resistant protective material that is essential to completing your tasks.
Can my employer reissue PPE?
There are certain types of personal protection equipment that should not be reused. Generally, OSHA guidelines do not specifically limit the reuse of equipment. However, OSHA does require that equipment is in good condition. This means that equipment cannot be frayed, ill-fitting, exposed to dangerous chemicals or extremely dirty.
If an employer is reissuing fall protection equipment, then the employer will need to verify that equipment was not involved in a fall.
Employers are required to ensure your safety. If your employer failed to provide you with the proper equipment to do your job and you suffered injuries, contact a qualified Texas workplace injury lawyer. The Carlson Law Firm has a knowledgeable personal injury attorney ready to assist you through your recovery.
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 should I do if I was injured at work?
An injury in the workplace 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 and lost income. It is important to know what to do in the event of an injury to protect your rights from being trampled.
If you suffer an injury on the job, do the following to preserve your rights:
- Stop working immediately.
- Report your injury to a supervisor as soon as possible, in writing if possible.
- Seek medical treatment.
- Do not give a formal statement, sign any paperwork or accept any money from the company (besides your normal paycheck) prior to speaking with an experienced workplace injury lawyer.
- Contact an experienced workplace injury lawyer as soon as possible.
Depending on your state, you may be required to go to a doctor chosen by your employer. However, if you are unsatisfied with the doctor, you may be able to seek a second opinion from your own doctor.
Texas does not require employers to carry worker’s compensation. This has its pros and cons. While you can bring a personal injury lawsuit against your employer to get the compensation you’re entitled to, lawsuits can take a long time.
How To Protect Your Rights After a Workplace Injury
The most important way, and also the easiest way, to protect your legal rights is to report your injury to your employer. Most states require that you report your injury within a certain period of time, typically the same day or within a few days of the incident. Depending on the circumstances of the injury, this may not always be possible, but it is important to report the injury as quickly as is practical.
The next step you can take to protect your rights is to file a claim with the workers’ compensation court or industrial court in your state. Again, this puts your employer, the court and your employer’s insurance company on formal notice of your injury.
Once you file your claim, certain automatic protections are immediately put in place.
Can I 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. Those damages include injuries from:
- Defective products
- Toxic substances
- Employer negligence
- The employer doesn’t carry workers’ compensation insurance
- A third party caused your injury
What Are My Rights Against Parties Other Than My Employer?
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 suffered an injury 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.
Workplace Death Statistics
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.
- Funeral expenses
- Loss of income and future earning capacity
- Loss of counsel (advice, childcare, and guidance)
- Mental and emotional anguish
- Companionship loss
- Therapy and counseling costs
- Loss of future inheritance
- Punitive damages
- Continuing education
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. A work injury lawyer can help you on the road to recovery after you suffered an injury at work.
A Carlson Law Firm Workplace Injury Lawyer Can Help
Injuries can happen in 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
- Food service 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
Our firm’s dedication to providing the kind of honest answers, sound legal advice and powerful advocacy that victims of a workplace injury can count on. Our attorneys’ commitment to standing up for the rights of construction workers, factory employees, petrochemical industry workers and others who have suffered as a result of third-party negligence. A work injury lawyer can help you on the road to recovery after you’ve suffered an injury at work.
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. Contact us for a free consultation with a Texas workplace injury lawyer in one of our offices in Killeen, Temple, or Waco.
We serve injured workers nationwide. We are available to speak 24/7 to discuss your legal options. No appointment is necessary during normal business hours, and bilingual staff members are available to assist our Spanish-speaking clients. Hablamos tu idioma.