Injured by a Workplace Accident?

Workplace accidents happen every day. Although many employees enjoy the benefit of workers compensation when they get hurt at work, they do not always realize that they could be entitled to further monetary damages.

If you were injured on the job, do not assume that workers comp will be your only source of payment. Texas workers compensation laws allow injured employees to sue for personal injury damages against negligent third-party defendants. If your company does not subscribe to workers compensation insurance, you can even sue your own employer.

Our Austin workers compensation lawyer provides professional and aggressive representation you can trust. With a 30-year tradition of client service in personal injury and wrongful death litigation, our law firm is thoroughly committed to helping you successfully resolve your claims.

Know Your Rights When You’re Injured in a Workplace Accident

If you have been injured in a workplace incident or accident, you have the right to many benefits and protection. You have the right to compensation for your monetary losses, including the right to compensation for:

• Medical costs, including the cost of treatment, therapy, medications, and medical aid devices
• Lost wages for time that the injury made you unable to work
• Lost earning capacity if the injury reduced your ability to earn as much as before

Depending on the circumstances of your injury, you may also have the right to sue for non-economic damages like pain and suffering. In the case of a fatal injury, your loved ones have the right to collect death benefits.

Injured workers are also protected by various employment laws. Your employer cannot terminate you for being injured at work or for reporting an injury. Your employer cannot force you to continue working after you have been injured or to return to work before it is medically safe to do so.

Texas workers have the right to a safe and healthy workplace and to receive high-quality medical care at no cost to them after a workplace injury. If you or a loved one are being denied these rights by an employer, speak to an attorney as soon as possible.

What to Do After You’ve Suffered a Workplace Accident in Austin

If you have been injured in a workplace incident or accident at work, it is important to follow these steps:

1. Seek appropriate medical care. Apply first aid, call 911, or take other immediate action to look after your health and safety. Only return to work when a doctor says it is safe to do so.
2. Report your injury to your employer. Provide your employer with a detailed description of the accident circumstances. If possible, take pictures of the scene and provide the name and contact information of witnesses. Accidents that are not quickly reported to the employer may not be eligible for workers’ compensation benefits.
3. File a workers’ compensation claim. Although the employer is responsible for filing claims against their workers’ compensation policy, it is always a good idea to contact the Texas Department of Insurance Workers’ Compensation Division directly. Take the time to follow up with them directly, provide any necessary documentation, and make sure your claim is proceeding correctly.
4. Speak with a workplace accident attorney. If you have any doubts or concerns about the nature of the accident, the amount of your benefits, or the long-term consequences of your injury, contact an attorney. Aaron Allison offers free consultations to help you understand your case and your rights so you can speak with an attorney at no risk.

Call 512-729-7954 to Speak with an Attorney

We can advise you about the full range of your rights in all cases of serious injuries, including:

• Back and neck injuries
• Traumatic brain injuries
• Spinal cord damage
• Broken bones
• Cuts and lacerations
• Burns
• Soft tissue injuries
• Repetitive strain injuries
• Hearing loss
• Exposure to hazardous materials
• Permanent disability

Most workers compensation plans will pay for the loss of wages you suffer while recovering from your injuries. However, we understand that these payments may not cover all your personal and family expenses. Whenever possible, we will help you recover both workers comp benefits and personal injury damages. We also represent the families of fatal accident victims through wrongful death litigation.

If your employer does not subscribe to workers comp insurance, you can collect personal injury damages from the employer upon some proof of negligence on the employer’s part. In these cases, the employer needs only to be found one percent responsible for the circumstances that caused your injuries. Personal injury litigation can result in the payment of damages for your medical expenses, lost wages, lost job benefits, emotional suffering and any lost earning potential you suffered as a result of your injuries.

Do I need a Personal Injury or a Workers Compensation Lawyer?

Workers’ compensation is a form of insurance that generally protects the employer from personal injury litigation. However, not all workplace injuries are the same, and you may be able to collect both workers’ compensation benefits and pursue a personal injury claim. There are special circumstances that all workers should be aware of, including:

Third-Party Liability

If your workplace injury was caused by circumstances not directly related to the workplace and the job, you may be able to pursue a personal injury claim. For example, if your injury was caused by:

• The actions of a person, like a coworker, passing motorist, or visitor to the site
• Malfunction or failure of equipment not owned and operated by your employer, like delivery trucks and drivers, other contractors or vendors on the site, leased equipment, etc.
• Undisclosed hazards on a work site or with work-related materials

Then, the third party may be partly or wholly responsible for your injury, and you may be entitled to sue them for your damages.

Non-Subscribing Employer

In the state of Texas, employers are not required to carry workers’ compensation insurance. These employers are called “non-subscribers”. Some of these employers choose to carry different insurance policies with different terms from workers’ comp, and some choose to compensate injured employees privately. Non-subscribing employers have additional liability in the case of an Austin workplace accident and can be sued for personal injury.

Criminal Acts

If you were injured deliberately, even at the workplace, you may be the victim of a crime. There should be a criminal investigation, and there may be criminal prosecution. If someone is found guilty of intentionally harming you, you are entitled to sue them and hold them personally accountable.

Every workplace accident is unique, and many workers are entitled to collect workers’ compensation benefits while also pursuing a personal injury lawsuit. Consult with an experienced Austin workplace accident attorney to find out the full scope of your rights.

Workers Compensation Attorneys Represent All Injured Texans

Our law firm was founded in 1978 to serve the people of central Texas, and we have since expanded our law firm’s scope to include all of the Lone Star state. In all of central Texas, we are one of four firms currently representing injured workers in workers comp claims. If you were hurt on the job, we can fight aggressively on your behalf.

For a free consultation, contact our Austin workers compensation attorney at (512) 729-7954. In many cases, we work on a contingency basis, which means that you pay no attorney fees unless we first recover compensation for you.

Related Pages

• COMMON CAUSES OF WORKERS’ COMPENSATION INJURIES