Work injuries can have permanent consequences. They can affect your ability to work and prevent you from advancing your career. If you were injured in the workplace, it’s vital to find a good work injury attorney to evaluate your case and develop a strategy to fight for your rights. There are certain particularities for a work injury lawsuit in Texas, so you need an attorney who understands them.
6 Situations to Hire a Work Injury Attorney
1. When You Suffer an Accident Caused by a Third Party’s Negligence
Accidents caused by negligence may make you eligible for additional compensation from the party at fault. An accident caused by negligent conduct may include:
- Accidents resulting in tripping and falling because of misplaced tools
- Accidents resulting from malfunctioning equipment
- Accidents resulting from coworkers’ lack of experience and training
- Accidents resulting from faulty instructions by a tool or equipment manufacturer
Suppose you suffered an accident that directly results from someone else’s negligence. In that case, you need to contact a work injury attorney in Houston, TX to determine liability and understand the evidential support that you need to gather.
2. When Your Employer Refuses to Acknowledge Your Accident
After suffering an accident in the workplace, you need to notify your employer, who needs to file a claim with their insurance company. If your employer does not provide insurance, they need to file an “Employer’s Report on Non-Covered Employee’s Occupational Injury or Disease” through the form DWC-007. Employers are also required to provide you with copies of all reports and claims.
If your employer fails to take the proper steps to report your accident, or if they deny that the accident happened in the workplace, you need legal advice.
3. When Your Employer Does Not Provide Workers’ Compensation Insurance
If your employer does not provide insurance, they may be directly liable for your accident. Texas law also states that non-subscriber employers lose immunity against work injury lawsuits and could be forced to pay damages if you can prove that the accident was a result of negligence.
The downside of this situation is that you will probably have to pay for medical expenses out of pocket until your case is resolved in court. On the other hand, you might be awarded a higher amount, including punitive damages.
4. When Your Injuries Caused Long Term Disabilities or the Insurance Company Denies Your Claim
Long-term disability claims are very costly for insurance companies, especially if they prevent you from ever fully returning to work. Because of it, these types of claims are often denied or offered settlements that cannot cover your loss of wages. If your injury prevents you from working, you need to get a report from a medical professional and consult with an attorney.
If an insurance company denies your claim, you can appeal the decision, but you must be prepared to provide enough evidence to support the initial claim and the appeal.
5. When You Are Offered a Settlement
Insurance companies will always look for ways to save money. It’s crucial never to discuss the particularities of your accident with insurance adjusters if your lawyer is not present. If you are offered a settlement, you will need legal help to determine if it’s enough to pay for all related expenses. Settlement offers may not include future medical costs related to the injury or may not contemplate the loss of wages.
A lawyer will help you determine if a settlement offer is fair and draft a counter offer if necessary.
6. When Your Employer Retaliates Against You
As a worker, you have the right to seek fair compensation for injuries suffered in the workplace without fear of losing your job or getting demoted. Because of Texas’s “at-will” employment laws (which state that an employer can fire you without having to prove a valid reason), proving retaliation is complicated and requires a well-thought strategy. If you feel that your employer is punishing you for reporting an accident, ask for professional legal advice.
What Can a Work Injury Lawyer Do For You?
An injury lawyer will help you determine liability or eligibility for workers’ compensation benefits upon reviewing your case. They can also conduct a thorough investigation to gather all the necessary evidence to prove your case if you decide to take your case to court.
Your lawyer will also become your voice when it comes to your case, negotiating on your behalf with your employer or insurance companies. Finally, they can ensure that all forms and documents comply with court rules and are timely filed.
Some people believe that representing themselves can help them save money, but not having proper representation can hurt their chances of getting fair compensation.