Unsafe Working Conditions
Accidents Due to Unsafe Working Conditions
As an employee, you have the right to be provided with a safe place to work. This is true whether you are employed on a construction site, in a factory, or in an office. Your employer is required to provide a safe environment by various labor and worker protection laws, as well as detailed guidelines set forth by the Occupational Safety and Health Administration (OSHA).
Unfortunately, sometimes unsafe working conditions can and do occur. When this happens, you may be able to recover compensation if you suffer a work-related injury. Texas has workers’ compensation legislation in place requiring workers to resolve claims with their employers through workers’ comp, but in some cases, it may be possible to explore lawsuit options that can allow you broader recovery when there are unsafe working conditions in place.
To learn more about your legal rights after a work injury, it is a smart choice to speak with an experienced personal injury attorney. At Simmons and Fletcher, P.C., we have represented many clients who have been injured at their jobs due to unsafe conditions. If you or a loved one has suffered a work-injury, contact us today to learn how we can help.
Unsafe Working Conditions and Workers’ Comp Claims
In Texas, under workers’ compensation law, you are not required to show unsafe work conditions or to show negligence on the part of your employer in order to make a workers’ compensation claim. In fact, if a work-injury occurred on the job, even if your employer did everything possible, then you will be able to receive payment for medical costs and for lost wages relating to your injury. Workers’ compensation also provides for disability benefits for injured workers.
Unsafe Working Conditions: Your Legal Rights
While workers’ compensation provides benefits to injured workers in all situations where a work injury occurs, the types of damages available under workers’ compensation are not as extensive as benefits available in a personal injury lawsuit. As such, if you have suffered a work injury due to unsafe working conditions and there was negligence or carelessness involved in those working conditions, you may wish to explore other options for recovering damages.
In some cases, an attorney can assist you in finding avenues outside of workers’ compensation to make a claim, even though workers’ comp is an exclusive remedy system and restricts when your employer can be sued. For example, if there is a third party involved such as a site manager who is not your direct employer, your workers’ compensation attorney may be able to help you to make a personal injury claim against that third party.
Let Us Help With Your Work Injury Claim
If you have suffered a work injury as a result of unsafe working conditions, you should take action right away to find out what your legal rights are. Contact Simmons and Fletcher, P.C., today for information and advice on your work injury claim. Call us at 800-298-0111 for a free consultation.
Paul Cannon has practiced personal injury trial law since 1995. He is Board Certified in Personal Injury Trial Law (2005). He has earned recognition as a Super Lawyer by Thompson Reuters in 2017 & 2018, and as a Top 100 Trial Lawyer by the National Trial Lawyers Association in 2017. He is a Shareholder, trial lawyer and online marketing manager at Simmons and Fletcher, P.C. His legal writings have been published by the Texas Bar Journal, Business.com, Lawyer.com HG Legal Resources, Lawfirms.com, and others. He has been asked to give education talks and media interviews on dog bite law.