Houston Workplace Injury Lawyer

Houston Workplace Injury Attorney

Texas law does not require every employer to have workers’ compensation insurance, but all employers are required to follow the rules set forth by the Texas Workers’ Compensation Act and handle all employee workplace injury claims in good faith. If you have been hurt while working, a Houston workplace injury lawyer can help determine your most viable options for recovering compensation for medical bills and other losses.

Texas state law does not require employers to carry workers’ compensation insurance. Therefore, unlike other states where employees typically have the right to file workers’ compensation claims after injuries at work, this may not be the case for some injured workers in Houston, TX. However, if you cannot file a workers’ compensation claim after an injury at work in Texas, this does not mean you have no right to seek recovery from your damages. Similarly, even if you have grounds to seek workers’ compensation benefits, these benefits may not fully cover your losses, and you could have grounds for further legal action.

Legal Representation for Workplace Injury Claims in Houston, TX

Stevenson & Murray has a team of Houston workplace injury attorneys who can provide the counsel and guidance you need after an injury at work. Our team has successfully helped many past clients with their personal injury claims and workers’ compensation claims. We are ready to put this experience at your disposal for your workplace injury claim in Houston, TX.

Why Should I Hire a Houston Work Injury Lawyer?

If your recent injury occurred at work, you likely have more legal options than you realize, and you need a reliable attorney to help you make sense of these options. If you were to attempt to handle a workplace injury claim on your own, even a seemingly straightforward one, you would face several variables you may not know how to address without an attorney. You could make procedural mistakes in filing your case that significantly delay your case proceedings. You could succeed with your claim but fail to account for specific avenues of compensation, ultimately securing far less of a recovery than you legally deserve.

While most employers in Texas handle worker injury claims in good faith and do what they can to facilitate their employees’ recoveries, it is unfortunately not always the case. It is possible for an injured worker to encounter all types of problems during their recovery efforts, some of which may arise from their employers, their insurance carriers, or both. Even if an employer has workers’ compensation insurance, they may still interfere with an injured worker’s claim.

Work accidents in TX can potentially generate highly complex legal issues that the average person will not be able to resolve on their own. They could have difficulty filing their workers’ compensation claim, resolving issues with an insurance carrier, or handling their employer’s liability for their damages. They may also be unaware of the full extent of compensation that is legally owed to them for their workplace injury.

Hiring an experienced Houston personal injury attorney to represent you is an investment in the quality of your recovery. A seasoned lawyer can help you determine whether a workers’ compensation claim, a personal injury claim, or both would be most appropriate for securing the compensation you deserve after a workplace injury. In addition, the team at Stevenson & Murray will work with you to assess the full scope of your damages, guide you through the workers’ compensation claim process if possible, and help you build a civil case against the party responsible for your injury if necessary.

Most Common Workplace Injuries in Houston

While it’s true that some lines of work and work environments are inherently more dangerous than others, the reality is that anyone in any industry could potentially suffer a serious injury on the job, resulting in significant damages. Some of the most commonly reported work accidents in TX include:

• Injuries from falls. Falls are a leading cause of serious workplace injuries in the United States each year. The height and location of a fall generally dictate the severity of the victim’s resulting injuries.
• Head injuries from falling objects. Any head injury has the potential to cause life-changing issues for the victim. While construction workers and utility workers generally must wear hard hats while working, it is possible for falling objects to cause severe head injuries unexpectedly in many other lines of work.
• Vehicle accidents. If you drive as part of your job, or if your work requires the use of specific vehicles, accidents can happen in many ways, potentially resulting in injuries. It is important to remember that an injury suffered in a car accident that happened during your commute to or from work does not qualify as a workplace injury for the purposes of workers’ compensation.
• Acquired injuries and illnesses. Some workplace injury claims pertain to medical conditions that manifest gradually over time. If you developed a repetitive stress injury from daily physical work or developed an illness from your work environment, both such issues qualify as workplace injuries.

These are just a few examples of the most common types of work accidents in TX that lead to workers’ compensation claims and related civil suits. The main determining factor as to whether an injury qualifies as a work-related injury is if it occurred while you were performing your job duties.

What to Expect in a Workers’ Compensation Claim in Texas

Workers’ compensation works like most other types of insurance coverage. An employer pays a premium rate based on their perceived risk level, and the insurer agrees to provide benefits for covered events. When an employee sustains an injury at work and their employer has workers’ compensation insurance coverage, they must notify the employer immediately after an injury occurs. In addition, the employer should provide the employee with the materials necessary for filing a claim for workers’ compensation benefits. If you file a workers’ compensation claim, you will likely lose your right to file a personal injury claim against your employer.

Most workers’ compensation insurance carriers require claimants to visit approved physicians for medical examinations. An injured worker can see any doctor in an emergency, but they must visit approved workers’ compensation doctors once they can do so safely to secure a disability rating for their injury. This rating dictates how many benefits they can receive and how long they will continue receiving them. Workers’ compensation generally offers full coverage for any medical treatment the claimant requires and disability benefits that fluctuate based on the severity of the claimant’s injury and how long they must remain home from work.

The exact terms of a benefit determination largely depend on the terms of the employer’s insurance policy and the extent and severity of the claimant’s injuries. It’s possible to continue receiving disability benefits until you are physically able to return to work. However, if your injury resulted in permanent disability, you may require new job training or may be unable to work at all. In these situations, disability benefits can last much longer.

Filing a Personal Injury Claim for a Workplace Injury in Houston, TX

If you cannot file a workers’ compensation claim for a workplace injury, or if your workplace injury occurred due to the actions of a third party outside of your workplace, you would likely have grounds to pursue a personal injury claim against the party responsible for your injury. You would need to identify the defendant, prove the full scope of your damages, and prove those damages directly resulted from the defendant’s actions.

You may have grounds for a personal injury claim against your employer if they do not have workers’ compensation insurance and directly or indirectly caused your injury. For example, if you have notified your employer previously about a potential safety issue and they have disregarded your warnings, you would likely have grounds for a civil claim if this safety issue ultimately caused the injury. If you are unsure whether you have grounds for a personal injury claim after a workplace injury, it’s essential to speak to a Houston workplace injury lawyer as soon as possible.

Success with any personal injury claim in Houston requires clear proof that the defendant cited in the claim is directly responsible for all the damages you are seeking. You must establish causation between your claimed damages and the defendant’s actions, meaning they may not have occurred due to any other cause. Once you account for anticipated future damages and your pain and suffering, you may discover that you can claim much more than you initially expected.

Workplace Death Claims in Houston

Unfortunately, some workplace accidents cause fatal injuries. If your family member died from a fatal accident at work, you may have access to death benefits through their employer’s workers’ compensation insurance. Additionally, if a specific party directly caused the fatal injury, you would have the right to pursue a wrongful death claim against them. This civil suit could enable you to recover damages that workers’ compensation insurance does not provide.

Texas law limits eligibility for filing wrongful death claims to the personal representative of the deceased’s estate, their closest surviving relatives, and their direct beneficiaries. While a wrongful death suit is similar to a personal injury case in many ways, there are a few important distinctions you must understand before tackling this type of case. An experienced legal team can provide the guidance and support you will need to reach optimal results in your recovery efforts.

Damages Available for Workplace Injury Claims

When workers’ compensation is your only option for recovery following a workplace injury, you can reasonably expect compensation for your medical expenses and temporary disability benefits that provide a portion of your regular income until you can safely return to work. However, when you file a personal injury claim, you have many more compensation options available to you. You could potentially secure compensation for all your medical expenses and lost income,and lost future earning capacity beyond what workers’ compensation could offer. You would also have the right to seek pain and suffering compensation under Texas state law.

Some workplaces are inherently dangerous for assorted reasons, and a workplace accident can easily result in devastating injuries that can require extensive recovery time. It’s common for victims of workplace accidents to undervalue their claims at first, not realizing the full scope of compensation available to them until they secure legal counsel.

Calculating Pain and Suffering in a Texas Personal Injury Claim

You might wonder how you can assign a monetary value to intangible losses such as physical pain, psychological suffering, and diminished ability to enjoy your life after a serious workplace injury. Texas law does not place a cap or limit on the amount of pain and suffering compensation you can seek from the defendant who caused your injury, so this could amount to more than the total of all your claimed economic losses.

A Houston workplace injury lawyer can help their client determine suitable compensation that reflects the severity of the physical pain suffered due to the defendant’s actions. The more serious the injury, the more the claimant can foreseeably obtain in pain and suffering compensation. Plaintiffs who have suffered life-changing permanent injuries are likely to recover more pain and suffering compensation than those expected to make full recoveries.

Finding Legal Counsel for Work Accidents TX

Workplace accidents can be challenging to resolve, and the average injured claimant may be entitled to more of a recovery than they initially expected. The right attorney handling your case can significantly improve your chances of success with the recovery efforts you attempt, whether that includes a workers’ compensation claim, a personal injury suit, or a combination of multiple claims as your situation requires.

When you choose Stevenson & Murray to represent you in a workplace accident case, we will carefully review the details of how your accident occurred, help you determine who is responsible, and assist you in calculating your damages. Our team has substantial experience handling complex workplace injury claims, including those pertaining to injuries sustained while working offshore. We take time to thoroughly investigate the details of every client’s situation to ensure we provide the comprehensive legal representation they need after these damaging incidents.

If you are struggling in the aftermath of a workplace injury and have no idea where to turn for the compensation you need to recover, we can help. Contact Stevenson & Murray today and schedule your case review with an experienced and compassionate Houston workplace injury lawyer.