Houston Workers Compensation Attorneys Serving Texas and Nationwide
Being critically hurt at work can have an impact on many different facets of your life. A work injury can affect your capacity to pay your bills, your family’s financial resources, and even your ability to earn a living, in addition to the physical discomfort and limitations it can bring.
Workers in the majority of states have the choice to submit a claim for benefits to offset losses resulting from a working injury. Texas is special, though, in that the law does not mandate that employers carry workers’ compensation insurance.
Do I Need a Workers’ Compensation Attorney in Houston?
Even though workers’ compensation is a no-fault system (i.e., you don’t need to file a lawsuit to receive damages), many employees are sometimes uninformed of the challenges they may have in obtaining the benefits they are entitled to. Therefore, employing a lawyer is advantageous if you are injured at work generally, but it is crucial in Texas.
You need a lawyer who can assist you in exploring all of your options for obtaining compensation because your employer may be uninsured (sometimes referred to as a “non-subscriber”). This can entail bringing legal action against your employer and/or any other liable parties who may have contributed to your damage.
What Reimbursement Am I Entitled to Following a Work Injury?
If you are hurt at work, may you sue your employer?
Two fundamental conditions must be met before you may file a claim for a workplace injury.
First, you are often only allowed to file a workers’ compensation claim if your company has workers’ compensation insurance. You might be able to file a lawsuit in the absence of any insurance plans.
Second, you must demonstrate that your employer’s negligence led to your injuries and subsequent damages to be awarded compensation in a work injury claim. Employers are required by law to fulfill a variety of obligations, including creating a secure working environment, selecting qualified candidates, and offering training to assist employees in performing their duties safely. A non-subscriber employer may be held accountable for your violations of these obligations, whether you did it intentionally or because one of your employees did it negligently.
How Do I File a Lawsuit Against My Employer?
Submitting a lawsuit for a work injury is the same as filing a claim for any form of personal injury, provided your employer is a non-subscriber. As with any legal issue, the first thing you should do is retain legal counsel to assist you.
Patrick Daniel, a Houston work injury attorney, will thoroughly examine the circumstances surrounding the workplace accident to ascertain how it happened and who was at fault. On your behalf, our staff will assemble evidence, such as images of hazardous work environments, eyewitness accounts, and more. We will also determine your possibilities for pursuing a claim, as well as completely estimate the losses you have incurred as a result of your injury.
The next stage is determining your legal eligibility to suit if it is found that your employer is not covered by workers’ compensation insurance.
Before bringing a lawsuit, Patrick Daniel Law will create and send out a demand letter that details the accident’s facts, your injuries’ kind, your employer’s responsibility, and the damages you are seeking. This could start discussions between our team and your employer, as well as between our team and the business’s insurance provider. Alternatively, we may need to file a lawsuit in the court that has jurisdiction over your case if the opposing parties reject your claim or refuse to bargain.
We Handle Work Injury Claims
Although we take great pride in helping employees who apply for workers’ compensation, the main thrust of our practice is assisting hurt people in seeking restitution from those who have harmed them. Since Texas law does not guarantee workers’ compensation payments, this frequently entails bringing legal action against negligent employers.
Any workplace is susceptible to serious accidents. However, some professions are intrinsically riskier than others, and these risks are frequently made worse by negligent or dishonest hiring practices.
The following job injury cases are something Patrick Daniel Law has a lot of experience with:
- Building Accidents
- Accidents and injuries at Sea
- Agricultural and Farm Accidents
- Accidents at Natural Gas and Oil Refineries
- Crane Mishaps and Others
You have rights if you were hurt while doing work-related duties. Patrick Daniel Law can look into the work injury accident regardless of the circumstances and fight for the full compensation and benefits you are entitled to.
Accidents at Work: Common Types
Texas’s Common Workplace Injuries
Regarding work injury claims, Patrick Daniel Law has experience handling a range of them. These consist of:
- Brain injuries caused by trauma
- Serious Burns
- Injury to the spinal cord and paralysis
- Loss of Limbs, Lacerations, and Cuts
- Broken bones
- Internal Organ Injury Soft Tissue Damage
- Nerve Injury
- Vision Loss with Eye Injuries
- Deafness and damaged hearing
- Work-Related Illnesses
These and other injuries could be caused by a wide range of mishaps and security risks. Some accidents, such as falls, result in sudden injury. However, in certain instances, occupational illnesses and injuries may take time to manifest due to repeated use of a tool or machine or exposure to hazardous materials (e.g., asbestos, chemicals, toxic fumes, etc.).
Any work-related issue should be treated as quickly as possible, regardless of whether the injury or sickness develops gradually over time or suddenly. Seeing a doctor right away allows you to record your injuries, the symptoms you are experiencing, the prognosis, and the most likely cause in addition to receiving an accurate diagnosis and beginning the appropriate therapy.
Whether you are submitting a claim for workers’ compensation or launching a claim against your employer, all of this information is crucial.
After a Work Accident, How to File a Claim
Who Is Responsible for an Accident at Work?
The bulk of occupational injuries does not fall under the purview of the question of culpability for employees in most states. The only real recourse when an employee is wounded at work is to file a workers’ compensation claim.
Due to Texas’ low workers’ compensation laws, Houston and other Texas cities frequently worry about employer responsibility. However, just because an employer is subject to legal action does not indicate that every lawsuit will always be successful.
Unfortunately, many workers must face the harsh fact that not everyone is to blame for mishaps and injuries. Despite workers’ and employers’ best efforts to prevent accidents, certain workplace injuries nevertheless happen. In this situation, it’s unlikely that the injured worker will be able to file a lawsuit.
The foregoing scenario, unfortunately, leaves the injured worker accountable for covering all costs associated with the injury if there is no recourse to workers’ compensation. But it’s important to think about every aspect that contributed to the workplace disaster before accepting this predicament.
A thorough inquiry may show that your injuries were brought on by the negligence of one or more third parties. Possible illustrations include:
A product that you utilized while performing your duties malfunctioned or failed due to a flaw. You might be able to sue the manufacturer for product liability.
Unsafe circumstances were disregarded or ignored by the property owner. This may justify a premises liability claim.
While you were driving for work, an accident was caused by a negligent driver. An auto accident claim may qualify you for compensation.
Claims of third-party liability are just as difficult to prove as lawsuits brought against an employer. Patrick Daniel Law is a cunning, meticulous, and ruthless individual. We locate every person whose carelessness resulted in your workplace injuries, and we vigorously pursue the full amount of compensation you and your loved ones deserve.
You are still free to file a lawsuit against one or more negligent third parties even if your employer has workers’ compensation insurance. Investigating this alternative is crucial in some circumstances for optimizing your recovery, given the restrictions of workers’ compensation benefits.
How to Proceed Following a Workplace Injury
If you are harmed at work, there are a few crucial procedures you must follow. You must take the following actions to safeguard your legal rights as well as your health and safety:
Speak with a doctor
Getting medical attention for an illness or accident related to your work is the first step, whether you only need first aid or you need to go to the hospital. You shouldn’t just try to “walk it off” unless it’s a little scrape or bruise. Ignoring the issue merely exacerbates the situation.
Any form of physical trauma, repeated stress injury, or symptoms suggestive of an occupational sickness or illness require prompt evaluation and treatment. The best method to reduce the amount of time you miss from work while also lowering the likelihood of consequences from an injury or illness is to visit the doctor or emergency department as soon as possible.
To receive the compensation you are entitled to, you must have complete medical documentation of your work-related illness or injury. It doesn’t matter if you need to make a third-party claim or are eligible for workers’ compensation.
- Report the Injury to Your Supervisor
Before quitting your job to seek medical attention, you should ideally be able to inform a manager, supervisor, or another person in a position of authority that you were harmed. If you are unable to do it yourself or require immediate transportation to the hospital, a coworker can do it for you instead.
Inform the physician that your injury is work-related
You must see a doctor in the workers’ compensation health care network if your employer has workers’ compensation insurance. You should let the staff know and record on any intake forms that the injury, ailment, or other issue is connected to your employment when you visit the doctor’s office or the hospital. Additionally, you must give the following:
- Your company’s name
- information on how to reach your employer (address and phone number)
- The name of the workers’ compensation insurance provider for your employer
- The carrier claim number for the insurer
- Identifying details for the insurance adjuster
Your treating doctor is the one you see for your job injury. He or she will oversee your care and let you know when you might be able to start working again.
You are free to visit any doctor of your choice if your employer does not carry workers’ compensation insurance. Tell the doctor about the nature of your job at your initial appointment so that they can manage your care appropriately (especially as it pertains to whether you can work while you are recovering).
Inform your employer about the accident
To keep your eligibility for workers’ compensation payments, you must notify your employer of an injury or sickness no later than 30 days after the incident. The report must be submitted in writing and include information on how the injury happened while you were at work.
When reporting sickness or injury at work, it’s crucial to be truthful but accurate. Do not infer or imply that you may have been at fault in any way. Any embellishments or inaccuracies could be used against you by your employer or the insurance provider.
Submit a claim for workers’ compensation
You must fill out form DWC-041 and submit it to the Texas Division of Workers’ Compensation Insurance to apply for workers’ compensation. This needs to be done within a year of becoming hurt at work or getting sickness or illness that is related to your job.
It is important to stick to the facts and be as accurate as you can when completing the claim form, just like when you report the injury to your employer. It could be in your best interest to speak with an attorney if you are unsure how to respond to any of the questions or are worried about answering them incorrectly.
- Consult with a workers’ compensation attorney
Having a work-related injury causes a lot of difficulties. The worry of how an accident may affect your ability to work and support your family frequently makes the physical pain of the ailment worse.
You do not need to struggle alone. At every stage of your claim, Houston workers’ compensation attorney Patrick Daniel will defend your rights and offer you advice and support.
View More: At work and hurt? Here are the next steps
There is no excuse for delaying seeking legal counsel following a job injury. We handle matters at Patrick Daniel Law on a contingency basis. Your initial consultation is free, and you are not responsible for paying anything until we have successfully resolved your case.
Our team is dedicated to making your case a success. If a third party’s negligence caused you harm, we investigate all possible claims in addition to fighting for the highest possible workers’ compensation benefits.
Questions and Answers
What Losses Am I Entitled to Following a Work Injury?
The forms of recoverable damages are one of the key distinctions between personal injury law and workers’ compensation. The following are the only benefits covered by workers’ compensation:
Medical benefits: Medical costs associated with a working injury are covered by workers’ compensation.
Income benefits: If a worker is rendered incapacitated due to an on-the-job accident, workers’ compensation payments will replace a portion of the worker’s lost wages.
Death benefits: Should a person pass away while doing their job duties, workers’ compensation will cover a portion of the funeral costs as well as death benefits (partially replacing lost income) for qualifying family members.
The majority of workers’ compensation benefits have restrictions. The focus of the program is getting employees back to work, not covering all losses related to a work injury.
On the other hand, when you bring a case against your employer for a work-related accident, you can seek payment for all of the losses you have incurred. The following may give rise to claims for compensation:
All of your medical costs, both those you have now and those you will accrue in the future
To date, all lost wages
- loss of ability to earn (i.e., the wages you will lose as a result of impairment from a work injury)
- the price of getting to and from physical therapy sessions and doctor appointments, etc.
- alterations to your house and carServices provided by professionals to help with household chores including home maintenance, childcare, lawn care, etc.
You might be eligible to receive compensation for non-economic damages in addition to these economic losses. Chronic pain, incapacity, scars, and disfigurement, as well as other negative effects on your quality of life, are common outcomes of work-related injuries. Our work injury lawyers at Patrick Daniel Law evaluate the available data and speak with specialists to calculate all of these damages on your behalf.
Can I bring a lawsuit against my employer for suffering?
One of the most important categories of damages in any personal claim is pain and suffering. These damages make up for the emotional and psychological suffering that accident victims endure.
There is no provision for pain and suffering under workers’ compensation. However, pain and suffering damages can and unquestionably should be included in the claim in situations where a negligent employer causes an injury and the worker can bring a lawsuit.
Damages for pain and suffering are not quantifiable in terms of money. Because of this, insurers frequently do not provide adequate compensation for these losses. The physical, psychological, emotional, and financial effects of a work injury are all carefully examined by Patrick Daniel Law. We can provide persuasive proof of pain and suffering as well as other damages thanks to our thorough investigation.
How Long Do I Have to File a Lawsuit in Texas for a Work-Related Injury?
The amount of time that employees and their families have to pursue legal action is another significant distinction between workers’ compensation claims and lawsuits for workplace injuries. The statute of limitations in Texas is two years from the date of the injury for all personal injury claims, including those involving workplace accidents.
There is even less time for injured workers to apply for workers’ compensation benefits. In addition to having a 1-year time limit on filing claims, workers must notify their employer of the injury no later than 30 days following an on-the-job mishap.
Whether your company has workers’ compensation insurance or not, prompt legal action is essential. Patrick Daniel, a work injury attorney in Houston, and the rest of the Patrick Daniel Law team are dedicated to acting quickly on your behalf to protect all of your claim-filing choices.
Get in Touch With Our Houston Workers’ Compensation Attorneys Right Away
In Texas, work injury lawsuits are difficult situations. Many employees have few options if they get wounded at work because workers’ compensation is not required by law. Although you might be able to sue your employer and/or other parties, doing so without experienced legal counsel can make it difficult to prove negligence.
When it comes to defending the legal rights of employees and pursuing the highest possible pay on their behalf, the Patrick Daniel Law team is Strategic, Meticulous, and Relentless. Construction accidents, maritime law, and railroad worker/FELA claims are just a few of the professional areas where attorney Patrick Daniel is regarded as one of America’s Top 100 High Stakes Litigators.
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