Workplace injuries can leave employees with medical bills, lost wages, and a variety of long-term health complications. Sometimes, employers or insurers will attempt to minimize the amount of compensation a victim can receive, which is when a workplace injury lawyer can step in and help.
Understanding exactly what attorneys do in regard to workplace injury claims can help injured workers determine the best steps to take to protect their rights and financial well-being.
Understanding Workplace Injury Laws in Texas
Unlike most states, Texas does not require employers to carry workers’ compensation insurance. When employees are injured on the job, they might have to file a personal injury claim instead in order to get any compensation.
In instances where workers’ compensation is available, the claims process can be complicated and require legal expertise to ensure fair and just results. Employees who are injured at work may be entitled to compensation for medical expenses, lost wages, and rehabilitation.
It can be a challenge to prove liability and get needed compensation in some cases.
How Lawyers Navigate Workers’ Compensation Claims
Workplace injury lawyers can help employees with filing workers’ compensation claims, challenging a denied claim, and even exploring alternative legal options when needed. Here are some of the ways they assist injured workers.
Evaluating the Case
A lawyer will be able to assess the details of an injury, gather all available medical records, and determine whether the worker is eligible for compensation under workers’ compensation laws or if a personal injury lawsuit is necessary.
Filing the Claim
Legal paperwork and deadlines can get overwhelming. Lawyers will make sure all forms are in order and accurately completed and submitted, minimizing the risks of having your claim denied in the future.
Gathering Evidence
One of the most important aspects of a successful claim is strong evidence. A work injury attorney will collect all the necessary medical records, witness statements, and workplace-related evidence to help build a strong case. These documents can be incredibly important for proving liability and securing fair compensation.
Negotiating With Insurance Companies
Oftentimes, insurance companies will attempt to settle claims for less than what an injured worker needs. Attorneys can use negotiation tactics to push for higher settlements that will be able to cover all medical bills, lost wages, and other costs.
Appealing Denied Claims
In cases when an insurance company outright denies a claim, lawyers can file an appeal and present strong evidence to argue for approval. This process will often involve hearings and additional legal hoops to jump through but can result in getting the compensation an injured worker needs.
Exploring Third-Party Liability Claims
When an employer doesn’t carry workers’ compensation insurance or a third party (like a contractor or equipment manufacturer) was shown to have contributed to the injury, an attorney can file a personal injury lawsuit against them to pursue additional compensation.
Common Types of Workplace Injuries and Their Impact
Different kinds of workplace injuries vary in severity, but all can impact an individual’s daily life and financial well-being.
Slips, Trips, and Falls
Most slip or trip and fall accidents are caused by issues like wet floors, uneven surfaces, debris or clutter, or poor lighting. These falls can cause broken bones, head injuries, and other long-term mobility issues.
Repetitive Strain Injuries
When a worker engages in repetitive movements, such as typing or lifting, it can cause conditions like carpal tunnel syndrome or tendonitis, which can lead to chronic pain and an inability to do certain tasks on the job.
Machinery and Equipment Accidents
Sometimes, machinery isn’t properly maintained or employees aren’t given adequate training to use it. Either situation can lead to accidents that cause severe injuries, such as amputations, crushed limbs, and deep lacerations.
Exposure to Harmful Substances
Toxic chemical spills, asbestos exposure, or inhaling dangerous fumes can lead to a number of respiratory conditions, skin disorders, cancers, and other long-term health complications.
Falling Objects
Construction sites and similar work environments offer even more hazardous conditions because of the danger of falling objects. Tools or other materials can land on workers and result in head injuries, fractures, or internal damage.
FAQ
What Should I Do Immediately After a Workplace Injury?
It’s important to speak to a doctor to get evaluated as soon as possible, even if you think the injury is minor. Your employer should be notified of the incident quickly, and the incident should be documented with photos, video, and written statements from witnesses, if possible, in case it is needed at a later time.
Can I Sue My Employer for a Workplace Injury in Texas?
Texas does not require employers to carry workers’ compensation insurance. If you are unable to obtain compensation through workers’ compensation, you may need to file a personal injury lawsuit instead.
How Long Do I Have to File a Workplace Injury Claim?
In Texas, workers’ compensation claims usually must be filed within 30 days of the injury (or when it is discovered), while personal injury claims have a two-year statute of limitations.
Do I Need a Lawyer for a Workers’ Compensation Claim?
While not required and sometimes not necessary, hiring a lawyer to assist you will often increase the likelihood of securing the compensation you need, especially if you have a complicated claim, your case was previously denied, or it was undervalued.
Ramsey Law Group Can Help You
A workplace injury claim can be a daunting task to face alone, especially when you are forced to deal with employers and insurance companies that try to minimize your suffering.
Ramsey Law Group is committed to advocating for injured workers, ensuring they receive proper compensation for their injuries. Contact us today for a free consultation and see how we can help.