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Yes. If someone believe their jobsite is unsafe, they should not hesitate to report the issue or issues. There is a hotline number they may call — the Safety Violations Hotline at 1-800-452-9595 — which is under the auspices of the Texas Department of Insurance. If they do not wish to speak to anyone directly, they may send the department an email in Spanish or English.
In most cases, the complaint is looked into, but if the issue or issues reported continue, they should contact an experienced workplace accident attorney and discuss other alternatives to resolving their situation. If they have been injured on the job, they do need an attorney to represent them to obtain fair and equitable compensation.
Yes. In regular civil claims, you are entitled to ask for the earnings that you lost as a result of attending visits to doctors or other medical providers.
Typically, if you were injured on the job and were on the way to another worksite, the usual remedy would be to file for workers’ compensation. However, the question then becomes whether you should file a workers’ compensation claim or are you able to sue someone else. Even if you were going from one job site to another, the road there is part of the work environment, provided the worker is on company time.
In many instances, an injured worker could file two lawsuits, a personal injury lawsuit against the person who caused the wreck and a workers’ compensation claim since the wreck occurred on-the-job. In that instance, the worker would be obligated to reimburse the workers’ compensation insurance company for the worker’s compensation benefits the company pays.
In Texas, some employers do not have workers’ compensation and if a worker had an accident on the way to another work location, on the company clock, the only option open to the employee would be to file a personal injury lawsuit. If the employer has workers’ compensation insurance, the accident victim cannot sue the employer. They must file a workers’ compensation claim and/or sue the driver who caused the wreck.
If you have been in an accident with a third party, you may be able to sue the person responsible/liable for the crash via a personal injury lawsuit. This would likely increase your compensation (compared to a workers’ compensation claim).
You may also be able to file a personal injury lawsuit against a third-party for injuries if you were filing a defective product lawsuit involving the vehicle’s manufacturer or the maker of a defective part – such as a defective tire or airbags.
In Texas, the law allows an accident victim to file a claim within two years of the accident. However, each claim is different and there may be exceptions depending on the facts of your case.
In a personal injury lawsuit, in Texas, you can claim the following damages:
When in doubt about how you can proceed to seek compensation for injuries sustained while in the workplace where the employer does not have workers’ compensation, reach out to our office, and discuss your case.
Depending on the circumstances of the case, and what state you live in, you may be able to file a personal injury claim, a workers’ compensation claim or both. In order to know what your options are, you need to seek experienced legal counsel to find out your rights.
In Texas, if your employer has workers’ compensation insurance, then for claims against your employer, you are generally required to go through the Texas Worker’s Compensation system. However, you may still make claims against third parties who contributed to your injuries. For example, if you are on the job and hurt by a subcontractor, you may be able to sue the subcontractor. Or if you are in a car wreck while on the job, you may be able to sue the other driver.
If your employer does not have worker’s compensation, then you can sue your employer if the employer’s conduct contributed to the incident. Improper conduct by the employer can be direct – for example, not properly trenching or providing safety equipment — but it may also be indirect – failing to properly train or supervise employees. Additionally, when employers choose to not carry workers’ compensation insurance, the employer is denied the right to assert defenses, including comparative responsibility. Thus, if you can prove the employer was at least one percent responsible for your injuries, then the employer can be responsible for the full amount of your damages.
Of course, there are exceptions to these rules so contact an attorney to know your rights in these situations.
You are still entitled to receive benefits. However, you may also be able to bring a separate lawsuit against that third-party or product that caused your injuries. If your suit is successful against the third party, your employer or your employer’s insurer may be able to obtain payment out of any damages you receive.
Third party claims are complicated and it is in your best interest to speak with an experienced workers’ compensation attorney to find out what your legal rights are.
Almost any injury can be potentially covered in a personal injury lawsuit. The kinds of work-related injuries that we typically see include, but are not limited to the following injuries:
It is important to be aware that a medical condition or an injury that pre-existed to becoming employed may not qualify, unless it was aggravated or accelerated on-the-job.
Yes, there is a place you may report workplace safety concerns. It is the Safety Violations Hotline at 1-800-452-9595. You also have the option to report your concerns by email in Spanish or English and they can be anonymous.
For further information on how to report safety violations in your workplace, you may visit: http://www.tdi.texas.gov/wc/safety/hotline.html
As long as your doctor is reasonable (as opposed to an insurance company shill), the best advice we give is to always follow your doctor’s advice.
Having said that, it is not a requirement for you to be completely recovered before you return to work. However, the main issue is not so much you being able to return to work, but what position are you able fill upon your return. This means that you need to speak to your physician and outline what the duties were in your regular job before you sustained an injury.
Inform the doctor of any other jobs in your company that may be open as well. The physician can then figure out what type of work it is safe for you to perform while you are still recovering.
Make it a point to speak with your employer and inform them you wish to return to work, once you have received the okay from your doctor. When your employer knows you are able to return, they can attempt to find something that suits your labor restrictions if that is possible.
In general, the types of work related injuries that are covered if you are injured at work (and this depends on whether or not your employer offers workers’ compensation) are repetitive stress injuries, back, neck, head, shoulder, and knee injury. Further to that, any type of industrial disease or physical harm, covered by workers’ compensation, is covered if it is work related.
If your employer carries workers’ compensation insurance, you may not be able to launch a personal injury lawsuit against your employer. The insurance may replace some lost wages and pay medical expenses. Fault is not a factor to receive these benefits.
In many instances, falls on a jobsite are caused by unsafe work and/or site conditions. Many of those accidents involve unbalanced ladders, falling down an open elevator shaft, falling off scaffolding, collapsed scaffolding and improperly guarded stairwells. There are numerous other causes for jobsite accidents and every year thousands of workers sustain serious and/or fatal injuries.
Falls are cited as being the cause for the highest number of fatalities in the building trade. Up to 360 deaths happen every year and according to OSHA, scaffold accidents take the lives of 50 workers and injure 4,500 annually.
However, if you are injured in a fall that was caused by your employer’s negligence and your employer does not have workers’ compensation, you may be able to file a personal injury lawsuit. Additionally, if your injuries were sustained as a result of a third party, you may also be able to file a suit even if your employer has worker’s compensation insurance. Each case is different and the circumstances dictate what you may be eligible for in compensation.
Filing a personal injury lawsuit means you may be able to seek compensation for medical bills, loss of current and future wages, pain and suffering and other damages. Do not wait to file a claim or you may lose the opportunity to pursue your case in a court of law.