Workplace Accident Lawyers McAllen

Workers’ compensation benefits often disappoint work injury victims because they rarely satisfy all of their financial needs, especially when they have been seriously injured.

Fortunately, you may not have to settle for a fraction of your regular wages, particularly if you were exposed to dangerous or negligent workplace conditions that played a role in causing your harm.

To fight for the compensation you deserve, contact our McAllen work accident injury lawyer at J.A. Davis & Associates, LLP today. Our legal team has successfully fought for hundreds of job accident injury victims and secured them fair compensation. Our compassionate and dedicated team of personal injury lawyers fight the insurance companies till they buckle.

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Common Workplace Injuries

After you were injured on the job, it’s important to document any and all physical injuries you’ve suffered. We know these are challenging times for you. Still, proper documentation will be a great asset when you and your McAllen on-the-job injury lawyer set out to get workers’ or personal injury compensation.

The following are some common workplace injuries:

  • Traumatic brain injuries, which typically are the result of a hard impact to the head and include concussions and contusions
  • Broken or fractured bones
  • Severe burns
  • Bruising or scarring
  • Facial or ocular damage
  • Amputations
  • Nerve damage
  • Organ damage
  • Internal bleeding

In extreme cases, a death may occur. If your loved one died as a result of a work injury, you may be eligible for compensation by filing a wrongful death claim.

Every Industry Has Risks

Workplace injuries can occur in any work environment, no matter how safe or dangerous your field is typically perceived to be. Although the construction industry consistently reports some of the highest workplace injury rates in Texas and elsewhere, any injury in any industry deserves full compensation under the law.

In other words, a broken bone at an office job is no less severe than a comparable break that happened at a construction site. The severity of your harm and its circumstances are most important in determining potential damages. Let our personal injury attorneys explain the details to you by calling us at (956) 994-0565 today!

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Workers Comp in Texas

In the state of Texas, employers aren’t required to purchase workers’ compensation insurance, although it benefits them to do so in most cases. A lack of liability coverage exposes an employer to legal entanglements that must be resolved through less desirable means, such as in court.

However, all employers in Texas, regardless of the amount of coverage they provide, must report all workplace injuries to the state’s Division of Workers’ Compensation.

Fortunately, injured employees in McAllen are granted several rights, including the right to legal counsel, the right to proper medical care, the right to choose a doctor, the right to adequate compensation, and the right to keep claims confidential.

It’s important to note that, while there are relatively modest limits on the amount of workers comp an individual can receive, there are few limits on compensation for a personal injury case decided by a judge or jury.

For this reason alone, it might be smart to pursue litigation if your injuries or losses are substantial. However, your injury claim must meet specific criteria to be viable.

When Can a Personal Injury Claim Be Filed?

It must first be made clear that not everyone is eligible to file a work injury claim. Those injured at work in Texas usually cannot sue their employers and must receive benefits through workers comp.

However, there are several exceptions to this rule. In general, you can file a personal injury claim for a work injury in McAllen if someone other than your employer is responsible for your workplace injury. The following are some examples of situations in which a third party might be liable for your injuries:

  • Defective Products –Any product that injures you at work might open the door to a defective product lawsuit. Manufacturers must create safe products and are liable for injuries when they fail to do that. Workplace products that may injure employees include tools, electronics, and vehicles.
  • Toxic Substances –McAllen workers who handle various chemical substances in several industries as part of their everyday duties. Suppose the manufacturer of one of those substances failed to maintain safety standards, and that substance poisoned or otherwise harmed you. In that case, you might be able to seek compensation from the manufacturer of the substance in question.
  • Other People –If people other than your employer caused your McAllen work injury, you might be able to name them in your claim for compensation. For example, if you were hit by a car while working at a roadside construction site, you might be eligible for compensation from the driver.

Sometimes, however, you can name your employer in your personal injury claim. These scenarios include the following:

  • Employer Acted Intentionally or Egregiously –If your employer failed to provide adequate safety equipment or even purposefully caused your workplace injury in McAllen, he or she might be liable for your injuries and resulting damages.
  • Employer Doesn’t Carry Workers Comp Insurance –Work comp insurance protects employers from financial liability when their employees are injured. When they don’t carry workers comp insurance, they open themselves up to personal injury lawsuits.

Compensation

Your ability to recover adequate compensation in a personal injury suit will hinge on how well you can demonstrate the impact of your injuries on your daily life.

Economic damages are generally limited to the actual financial losses you’ve incurred. In contrast, non-economic damages are usually uncapped and include any losses you’ve sustained that cannot be easily quantified into dollars and cents.

If the circumstances of their injury warrant a personal injury claim, workplace accident victims will often be eligible for both economic and non-economic damages.

Economic damages you may be able to claim include the following:

  • All medical expenses, including the cost of care in the future
  • Lost wages during your recovery
  • Reduced earning potential tied to your injury
  • Damage to your personal property

Non-economic damages in McAllen work injury claims may include the following:

  • Decreased quality of life
  • Pain and suffering
  • Disfigurement and scarring
  • Loss of consortium
  • Emotional trauma

Additional Considerations

If you can pursue personal injury compensation for your McAllen workplace injury, you will have to keep a few legal considerations in mind. One of the most important laws to understand is modified comparative negligence.

Modified comparative negligence means you cannot recover damages if you’re primarily responsible for your injuries, destroying many personal injury claims.

Although this standard can have particularly grave consequences, it is just one of many laws that can dramatically change a workplace injury victim’s outlook for the worse. For instance, it’s critical to file a suit within the period of time the state legally allows, a deadline referred to as Texas’ statute of limitations.

Texas allows personal injury victims to sue up to two years after the date of their accident. Ultimately, it’s of the utmost importance to file a claim within this two-year window for it to be considered valid.

Please speak with our McAllen Work Injury Attorneys

Workplace safety has improved over the decades, but accidents still happen much more frequently than they should. Receiving adequate compensation is vital to enhancing your ability to recover fully, which is where an attorney at J.A. Davis & Associates, LLP can help.

Call us today at (956) 994-0565 or fill out the online contact form below to speak with a McAllen work injury lawyer about your case. Our team has decades of experience with personal injury law, and we’re ready to help you.