Work Accident Injury Attorneys
Have You Been Injured in an Accident at Work and do you not Know What to do? The Work Accident Attorneys from our Law Office can Show You Your Legal Alternatives
Every day in Texas, dozens, if not hundreds of workers are harmed or somehow injured in job site mishaps and accidents. Should you or a family member been injured in an on-the-job accident, you can call a skilled and experienced work accident attorney at our Law Office to discuss your legal alternatives or other courses of action to obtain your rightful compensation. More Information here
As in many other states, if you are injured in an on-the-job accident in Texas, it is likely your employer bears some, if not all of the responsibility for your harms. In many instances, however, employers will refute employee medical or other claims and offer reimbursement and compensation for your pain and suffering that is far less than fair. You will need an experienced and highly competent work accident attorney dedicated to helping your receive the justice and compensation that is your legal right for your injuries and losses. Our work-accident legal teams have been helping Texas workers for over twenty years.
Texas law allows for two types of employee injury claims. The first is called a Workers’ Compensation claim and the other is termed a non-subscriber liability claim.
Workers’ Compensation Claims
Many employees in Texas do not realize that they are not guaranteed coverage by workers’ compensation (also called workman’s comp). Texas law allows employers to either accept or opt-out of workmans’ comp, and when the Texas governor signed the Texas Workers’ Compensation Act of 1993 into law, employer representatives were able to influence Texas lawmakers in such a way that companies that buy into the Workers’ Compensation program are significantly legally protected from lawsuits in instances of on-the-job accidents, thereby making workmans’ comp an attractive purchase for employers
On many occasions, workers’ compensation regulations are what will determine an injured worker’s benefits. The law also ensures that employers can’t be sued by someone harmed on the job. However, workers’ comp does have a few exceptions to its otherwise strict rules.
Workmans’ comp does not necessarily protect a company if the on-the-job accident was fatal or if the company was found to be grossly negligent in providing a safe and secure working area. In either of these cases, the injured party, or if the accident was fatal, the family of the deceased, may file a personal injury or wrongful death lawsuit. Workers’ comp only covers the employer’s actions, but it does not cover the negligent actions of third parties. Should a third party be involved in your harm or injury, they too can be held liable for your pain and suffering.
In a perfect world, workmans’ compensation will pay an injured employee’s medical expenses and a percentage of his or her lost wages while he or she is recovering from the injury in question. The problem is, this is not a perfect world, and every year numerous Texas employers attempt to deny or diminish workers’ comp claims. If you happen to be one of those employees who’ve been denied full and fair compensation for your injuries, you need the aid of a skilled and experienced work accident lawyer who can help you seek your rightful compensation. Our attorneys can help you navigate through the thick regulations of workers’ compensation law and we can also help you find who is liable for your injury or loss.
Non-subscriber Liability Claims
In Texas law, a “nonsubscriber” is a business or employer who does not subscribe to workmans’ compensation; that is, the employer does not purchase employee protection insurance through the State. If you are injured in an on-the-job accident for an employer who does not subscribe to workers’ comp, then the means for obtaining compensation for your injury or loss is much different and much more complex than filing a traditional workers’ compensation claim.
Did You Know?
Our work accident attorneys have over twenty years of experience in winning hundreds of work injury claims–you can call us toll-free for a free consultation and to discuss your legal alternatives.
The major difference in filing a personal injury or wrongful death suit with a non-subscriber employer is that the injured employee can file a claim for medical expenses and lost wages. This is done by filing the claim with the employer. If the claim is denied or otherwise not resolved, the employee will then seek compensation by filing a lawsuit against his or her negligent employer. If you were harmed in an on-the-job accident or incident and your employer does not carry workman’s compensation, the aid of an experienced work accident lawyer is necessary since these can be very complex legal actions.
The Texas Workers’ Compensation Act of 1993 made it advantageous for employers to sign-on to workers’ comp, and there were provisions in the Act that were actually punitive to those businesses that opted to non-subscribe. The laws left nonsubscribers with only one legal defense before a judge and jury, and this defense is called the “sole proximate cause defense.”
This defense argues that an injured employee was solely and wholly responsible for the accident that harmed him or her, and owing to this, the employer is not liable for medical expenses or lost wages. Employers uncompromisingly seek any way to make this defense.
It is Extremely Difficult to Deal With a Nonsubscriber
Not only will you have to contend with defending against a sole proximate cause defense, but your employer will also be protecting a high-value insurance policy and insurance carrier. Since these insurance policies are extremely valuable, they will be defended by very skilled, experienced, and aggressive legal defense teams whose only job is to reject or minimize your claim.
You should always remember that these legal defense attorneys earn their livelihood by winning cases against employees, and the more they are able to protect the employer and its insurance carrier’s money, the more these attorneys are paid. They have every incentive to see you lose.
Employers and their insurance carriers will attempt to coerce you into accepting a settlement that is far less than you need and rightfully should have. These employers and their insurance carriers will attempt to “befriend” to get you to believe that they actually have your best interests in mind. Some of these attorneys have a reputation for trying to bully or intimidate accident victims into signing-on to sub-par compensation that is worth a fraction of the harm suffered by the employee. In order to get a fair hearing at the negotiating table or in a court of law, you should have an experienced and equally aggressive work accident attorney from our Law Office on your side. We have the track record and reputation for success to take on the largest insurers in the United States.