Workers CompensationWorkplace Accident: What are my Legal Rights?

Has your employer ever asked you to move something in the office? Have you ever wondered what your legal rights would be if you were injured in an accident? Photo of forklift

Remember, if you are asked to perform a task that results in you sustaining an injury at work, you may be entitled to workers’ compensation in Texas. It does not matter how physically demanding your job typically is. Additionally, if your employer does not offer workers’ compensation, you may be able to seek damages to pay for hospital bills, rehabilitation expenses and lost wages by filing an injury lawsuit.

Keep in mind, in addition to these options, if you are involved in an accident that is a result of a defective mechanical part or the failure of a property owner to maintain a safe premises, you may be able to file a third party claim.

We bring this up because we often hear from perspective clients who have suffered injuries because of third-party negligence. This can include moving accidents, where employees are asked to rearrange items that may be hazardous or faulty.

Galveston County Man Sues Industrial Firm

We bring up third-party lawsuits and moving accidents because recently we read a report about a Galveston County man who filed a suit against an industrial firm following a mishap. According to the Southeast Texas Journal, Darren Bathea has filed a lawsuit against Hufco in Galveston County District Court, alleging that he was injured on the job in October 2013.

According to his lawsuit, as an employee of Diamond Hydraulics Inc., Bathea was delivering a machine and hose crimper to Hufco, a hydraulic fittings specialist and customer of Diamond, when the machine fell on him as it was being transferred from a truck.

Bathea has allegedly filed a workers’ compensation claim against Diamond and an injury lawsuit Hufco. In the injury lawsuit, Bathea claims that he was discouraged by Diamond from filing a claim against Hufco. He is also seeking damages for retaliation, deceptive action and violation of employment law, according to the Journal.

The Importance of Working with an Attorney Following a Workplace Accident

As this case shows, multiple parties may be responsible for a workplace accident, aside from an individual’s primary employer. Remember, if you are injured on-the-job, it may be wise to contact an attorney. Aside from investigating a potential third-party lawsuit, if your employer does not have workers’ compensation coverage (nearly 40 percent of Texas businesses do not), you can file a lawsuit and seek damages.

An attorney can investigate your claim and determine which entities are responsible for your pain and suffering. Check out our Twitter and Facebook pages to see how we help victims of on-the-job accidents.

The Law Offices of Aaron Allison – Austin Personal Injury Attorney


The Law Offices of Aaron Allison