Imagine you’re driving to work in a company vehicle, focused on the road ahead, when suddenly another car swerves into your lane, causing a devastating collision. Or picture yourself on a construction site, diligently following safety protocols, when a piece of heavy machinery malfunctions, leading to a severe back injury. Both incidents leave you with physical pain and mounting medical bills. To make matters worse, you discover that your employer hasn’t provided workers’ compensation coverage. The stress and uncertainty can be overwhelming, leaving you to wonder how you’ll manage to recover. You’re not just a statistic; you’re a person with a life disrupted, and you deserve justice and support.
In situations like these, it’s crucial to have a legal advocate who understands not just the law, but also the current challenges you and your family face. Simmons & Fletcher, P.C. has been that trusted Texas work injury lawyer and advocate for residents since 1979. With decades of experience in personal injury law, we’ve seen first-hand the uphill battle that injured workers face and our team of experienced personal injury attorneys are committed to ensuring that your rights are upheld and that you receive the compensation you deserve. We’re not just lawyers; we’re your partners in this journey towards recovery.
Don’t navigate this difficult period alone. If you or someone you know has been hurt in a workplace accident, reach out to an experienced Texas work injury attorney from Simmons & Fletcher, P.C. for your free consultation. Let us lead you to the path of justice and recovery. Call us today: (713) 932-0777.
Types of Workplace Injuries
Work injuries can vary widely in their severity and impact, but they all share one commonality: they disrupt lives. Whether you’re dealing with minor injuries, or one that is more serious and requires continuous medical care, understanding the type of injury you have is the first step in understanding what you may be entitled to.
Work-related injuries can happen in a variety of settings, from construction sites to office environments. In fact, the Texas Department of Insurance reported that the transportation and warehousing, health care and social assistance, retail trade, and manufacturing sectors witnessed the highest number of work-related injuries.
In Texas, some of the most common work-related injuries include:
- Falls from Heights: Often occurring on construction sites, these can result in serious injuries or even wrongful death.
- Vehicle Accidents: Truck accidents and car accidents are common in various industries, especially for those who drive as part of their job.
- Machinery Accidents: Injuries can occur when workers are caught in or struck by moving parts of machinery.
A slip and fall accident, being struck by an object, and electrocutions are among the leading causes of workplace injuries. Though some work injuries may be minor, others may significantly hinder a worker from returning to work. Such injuries may include:
- Traumatic brain injury;
- Spinal cord injury which may include paralysis;
- Broken bones;
- Terminal illnesses due to over-exposure to chemicals or other harmful substances and/or materials;
- And catastrophic injuries which can result in death.
If you’ve experienced a work-related injury, it’s crucial to know if your employer is enrolled in the Texas Worker’s Compensation Program in order to determine whether you’re entitled to workers comp. Depending on this vital information will help you to know whether you can pursue other possible avenues for compensation, such as third-party liability or filing a claim based on premises liability.
Workers’ Compensation in Texas
Recent changes in Texas work injury laws have made it even more crucial for injured workers to understand their rights and options. According to the United States Bureau of Labor Statistics, the nation documented 2.6 million injury and illness cases in 2021, underscoring the importance of being well-informed in this area.
When you’ve been injured on the job, one of the first terms you’ll likely encounter is workers’ compensation. This is a form of insurance that provides medical benefits and income replacement to employees who have been injured during the course of their employment. However, the landscape of workers’ compensation in Texas has its own unique set of rules and regulations.
It’s important to know that workers’ compensation is not mandatory for employers in the state of Texas. Therefore, understanding whether your employer provides workers’ compensation insurance is a crucial first step. If your employer does offer this, you may be eligible for:
- Medical Benefits: Covering the cost of treatment for your work injury.
- Income Benefits: Providing a portion of your lost wages while you’re unable to work.
- Death Benefits: To be given to an employee’s family in the catastrophic case their death was the result of a workplace injury.
The average compensation received by injured workers in Texas varies based on the severity of the injury and other factors. It’s essential to report your injury and file your claim in a timely manner, as delays can affect your eligibility for benefits. Insurance adjusters rarely have a victim’s best interest at heart and will attempt to find what they can find to deny your claim. That’s why it’s important to always seek immediate medical attention if you have experienced a work injury.
One question that often arises is, Can I choose your own doctor? The answer depends on whether your employer participates in a health care network approved by the Texas Worker’s Compensation Program. If they do, you may be required to choose a doctor from that network.
If you are not eligible for workers’ compensation benefits, contact a Texas workplace injury attorney from Simmons & Fletcher, P.C. We provide a free case review to discuss the specifics of your case and explore your legal options: (713) 932-0777.
What Should I Do If I’m Not Entitled to Workers’ Compensation?
While workers’ compensation can provide some relief, claims may be denied. This is where third-party claims come into play. A third-party claim allows you to seek additional compensation from parties other than your employer who may be responsible for your injury.
For instance, if you were injured due to a faulty piece of machinery at work, you might have a claim against the manufacturer of the equipment. The Consumer Product Safety Commission documents and recalls every year industrial equipment and other potentially hazardous materials due to safety concerns, highlighting the potential risks posed by third parties.
When to Consider a Third-Party Claim
If another party’s negligence contributed to your injury, a third-party claim may be the right legal approach.
Steps to File a Third-Party Claim
This usually involves gathering evidence, such as obtaining accident reports, medical reports, witness statements, and consulting with a work injury lawyer in Texas to assess the viability of your claim.
It’s worth noting that third-party claims can be more complex and time-consuming than workers’ compensation claims. However, they also offer the possibility of recovering damages for pain and suffering, which are losses generally not recovered through workers’ compensation.
If you’re contemplating a third-party claim, it’s crucial to consult with a Texas work injury lawyer. At Simmons & Fletcher, P.C., we’re here to help you understand your options and take the next steps in your recovery journey. Feel free to contact us for a free consultation to discuss the specifics of your case: (713) 932-0777.
Legal Rights and Procedures If You Have Been Injured in the Workplace
Understanding your legal rights is paramount when you’re dealing with a work injury. In Texas, you have specific rights and responsibilities under the law, and knowing these can significantly affect the outcome of your case.
One of the most pressing questions injured Texas workers often have is, Can I sue my employer? In Texas, the answer largely depends on whether your employer subscribes to workers’ compensation insurance. If they do, your ability to sue may be limited. However, there are exceptions, such as cases involving gross negligence.
Another common query is, What if I’m an independent contract worker? Independent contract workers generally aren’t eligible for workers’ compensation, but they may have other legal avenues for compensation, such as a personal injury claim.
When choosing a lawyer to represent you, it’s important to consider factors like experience, areas of practice, and dedication to clients. At Simmons & Fletcher, P.C., we act diligently to bring what is necessary and right to our clients. While we can’t make guarantees, we always strive to obtain the maximum outcome for our clients. As your appointed counsel, we operate on a contingency fee basis which means we do not charge any legal fees unless we successfully settle your case.
We understand that grappling with a work-related injury may be a challenging time for you and your family. That’s why we’re here to help you navigate the legal complexities and make informed decisions on your behalf. For a more personalized discussion, contact us for a free case review: (713) 932-0777.
Why Choose Simmons & Fletcher, P.C. as Your Texas Work Injury Lawyer?
As you navigate the complexities of work-related injuries and the legal landscape in Texas, it’s crucial to have a reliable guide. At Simmons & Fletcher, P.C., we bring more than 40 years of legal experience in the state of Texas to your service.
As experienced Texas work injury attorneys, we have always been committed to our clients and we always stay informed on the latest changes in Texas work injury laws. Our knowledge of personal injury law and professional experience have enabled us to provide invaluable resources to help victims and their families get the additional help they need.
We understand that each case is unique, and we tailor our approach to meet your specific needs. Whether you’re contemplating a third-party claim, or exploring other options in pursuing a personal injury claim, we’re here to help you understand how you can move forward and make informed decisions.
Our commitment to you extends beyond the courtroom. We’re here to answer your questions, provide legal advice, and help you take the next steps in your journey toward recovery and legal resolution.
When you choose Simmons & Fletcher, P.C., you are opting for a law firm that has devoted years to advocating on behalf of clients and obtaining the results they need. Rely on us so we may help you get the compensation you deserve. If you or a loved one has been injured as a result of a workplace accident, call us today! Our team of Texas work injury lawyers are here to listen to your story: (713) 932-0777.