A Texas work injury occurs when an employee is hurt on the job. Work injuries and job-related deaths are a serious problem in Texas. In 2005, 490 people lost their lives as a result of on-the-job injuries, and thousands more developed work-related medical conditions. Employers have a responsibility to maintain safe working environments for their employees, but accidents, occupational illnesses and other dangerous events are inevitable. Some of the most common causes of work injuries include:
- Transportation accidents
- Construction accidents
- Slip and fall accidents
- Exposure to harmful substances
- Repetitive motion tasks
- Dangerous equipment
- Workplace violence
- Non-subscriber Employer negligence claim
- ERISA Plan/Benefits denied
When an employee is injured at work, the legal options vary according to the circumstances and whether the employer carries workers’ compensation insurance. In Texas, many companies carry this coverage – and if your employer does, you may not be able to file a personal injury lawsuit against them if you are hurt. In theory, workers’ compensation exists to provide you with the financial and occupational support needed to recover from your injuries. Workers’ comp benefits are an employee’s exclusive remedy against employers that participate in the system. The advantage to employees is that they don’t have to show fault by the employer to recover benefits.
There are numerous circumstances in which legal action in court may be pursued. For instance, you may be able to file a work injury claim if your employer doesn’t carry workers’ compensation, if you work as a longshoreman or in another industry not covered by the insurance, or if your injury was caused by a third party factor such as faulty equipment.
The process of applying for and receiving workers’ compensation can be complicated, so even if your injury is one that prevents you from filing a lawsuit, legal counsel may still be beneficial to help you recover the full comp benefits to which you are entitled.
If you’ve suffered from a work injury in the state of Texas, you need a law firm with the experience to take on tough cases, and the client dedication to ensure your rights and interests come first.
see also: Work Injury FAQ