Houston Workplace Accident Attorney
If you have been injured while on the job, you may wonder whether your claim is covered by worker’s compensation, covered by your company’s private insurer, or if you will have to file a lawsuit against your employer to receive financial compensation for your injuries.

Most people who are injured on the job assume their company or employer will willingly take care of their damages and any time off work. However, this is often not the case, and many times your employer or the insurance adjuster will refuse to pay for all of your medical bills and may even refuse to give you your job back when you recover from your injury. Speaking to a workplace accident attorney can help you from saying the wrong thing that might stop your claim from being approved.

Types of Workplace Accidents
Many different situations can occur at work that could lead to a personal injury. Some of the most common industry accidents that we deal with include:

• Industrial Accidents
• Factory Accidents
• Uninsured Employer Accidents
• Warehouse Accidents
• Oil Rig Explosion Accidents

Who Is Liable in a Work Injury Case?

Throughout Texas, there were 2.3 injuries per 100 full-time workers in 2015. The same year, 527 Texan workers died on the job. Every year, thousands of hard-working employees put their health, safety, and lives on the line to benefit the rest of the world. When something happens on the job that results in employee injury, illness, or death, the injured worker has a right to pursue compensation through the state workers’ compensation program and/or a personal injury claim. In these cases, a few different parties may be liable for damages.

Liability may fall on many parties after an accident in the workplace. However, we’ve come to recognize a few defendants who are more common than others in our years of experience representing work accident victims. Contact us to find out who might be liable in your particular case during a free consultation. In the meantime, consider whether any of the following most likely responsible parties makes sense for your incident:

• Your employer. Employers are liable for a large percentage of workplace accidents and employee injuries. State and federal laws hold them to high standards of care when it comes to preventing accidents and protecting employees. Violating safety standards and breaking the rules are major sources of personal injury accidents at work. If your employer is liable for inadequate training, lack of safety gear, or an unsafe workplace, you must choose between filing a workers’ compensation claim and a personal injury claim against your employer. You cannot file both in Texas. We can explain which is best for your situation.
• A coworker. Did a negligent, careless, or incompetent coworker cause your accident and injuries? If so, your employer is likely vicariously liable. In Texas, employers are liable for the misconduct and actions of employees if they were performing work-related tasks at the time of the accident. Accepting a workers’ compensation settlement will therefore mean giving up the right to file a claim against an at-fault coworker, as the claim would technically be against the employer.
• A third party. Third parties are often responsible for workplace accidents in Texas. Third parties can include product manufacturers, drivers of vehicles that collide with workers, contractors, and subcontractors. It is possible to recover through both workers’ compensation and a personal injury claim if a third party caused your damages. For example, if a drunk driver struck you while you were doing construction on the side of the road, you could receive workers’ comp benefits as well as a personal injury settlement or verdict award.

It’s important to consult with an attorney about your accident to get to the bottom of who is liable. Legal responsibility for a workplace accident can be a complex matter, depending on the circumstances. There could be more than one party sharing fault for your injuries. This maximizes your odds of qualifying for compensation through the workers’ comp system and the civil justice system. Call our Houston law firm as soon as you can after a workplace accident to start the investigation.

Texas Workers’ Compensation Program

Like most states, Texas makes it mandatory for almost all employers to carry workers’ compensation insurance. In the event of a worker injury, workers’ comp is typically the first remedy. The injured party can file a claim with his or her employer’s workers’ compensation insurer, and simply receive a check to cover medical expenses and partial lost wages. Workers’ comp is an exclusive remedy, meaning that workers who choose it give up the right to sue the employer for work-related injuries. Exceptions to this rule are claims that involve:

• Sexual harassment
• Wrongful termination
• Employment discrimination

Note that the “exclusive remedy” rule only applies to suing the employer. An injured worker may still sue a third party for damages, such as a coworker, independent contractor, or product manufacturer even if he or she files for workers’ compensation benefits in Texas. An injured worker’s own contributory negligence in causing the workplace incident does not affect the right to benefits through the workers’ compensation program. The program will give benefits with no questions asked, as long as the employee’s injury was not self-inflicted, the employee was not intoxicated at the time, and he or she was not violating a company safety policy.

The Employer’s Workplace Accident Liability

Outside of workers’ compensation, an injured worker may be able to hold the employer liable for injuries. This might be the case if the employer’s negligent, intentional, or wrongful conduct caused the injury, or if the employer does not have workers’ compensation insurance. As soon as you suspect an employer’s negligence contributed to your work-related injuries, contact a personal injury lawyer. You will need proof of your employer’s negligent act, and that this act caused your injuries. A work accident attorney can help you with these elements during personal injury settlement negotiations and/or in a court of law.

Workplace Accident Liability of Third Party

In some job-related accidents, there is a third party at least partially to blame. Third parties can include drivers (e.g., in a roadside construction accident), product manufacturers, a coworker, or the government. If your accident involved a dangerous or defective piece of equipment, you may have a product liability lawsuit on your hands.

If you sustained chemical burns or illness from exposure to a hazardous chemical or substance at work, the manufacturer of the substance may be liable. Your employer may also at least share liability for failing to provide proper safety training or protective equipment. Most workplace accidents have more than one defendant, or responsible party. A lawyer can help injured workers pursue compensation through all possible outlets of recovery.

How to File for Workers’ Compensation in Texas

Filing for workers’ compensation is your responsibility as the injured employee. While your employer should help you with the process, don’t rely on him or her to file your claim for you. Some employers might not do this unless you ask. Others might try to deny your claim for unlawful reasons. Take it upon yourself to make sure your claim gets to the Texas Division of Workers’ Compensation. Here’s how:

1. Report the accident. First, let your employer know that an accident occurred. You have 30 days to notify your employer of your injuries before you forfeit the right to file for workers’ compensation benefits. Delaying your report could lead to allegations that you didn’t suffer your injuries at work, or a reason for the insurance company to deny your claim.
2. Get medical attention. Request an ambulance if you cannot take yourself to the hospital. Your employer must legally allow you to leave work and go to the doctor after suffering injuries on the job. Seek immediate medical attention for your injuries for your own personal safety, as well as for the good of your claim. Waiting too long could give the insurance company grounds to allege that you worsened your injuries.
3. File DWC Form-041. Fill out DWC Form-041, the Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease. Fill the form out completely, describing the accident in as much detail as possible. An incomplete form can delay the claims process. Submit your form to the Texas Division of Workers’ Compensation within one year of the date of your injury.
4. Wait for a decision. After you file your claim, your employer’s workers’ compensation insurer may reach out to you for more details about the incident. Cooperate with the investigation, stay honest, and don’t admit fault. If you have any questions about what to say and what not to say to insurance agents, contact a lawyer.
5. Call Ben Bronston & Associates. Call an attorney at this point in the process for counsel. You will need our assistance in learning what your claim is worth, negotiating with your employer’s insurer, and fighting for fair compensation. You will also need a lawyer if the insurance company denies your claim. We can help you with your claim as well as a personal injury lawsuit and/or insurance bad faith claim in Houston.

If you run into challenges during the process, (e.g., your employer doesn’t have workers’ compensation insurance), contact us sooner in the process. You might be eligible for compensation via a personal injury claim instead of one through the workers’ compensation system. Call us today to learn about your rights after a workplace accident.

Legal Assistance with Workplace Accident Claims

If you have been injured on the job in Texas, you only have 30 days within receiving your injury, or 30 days from the date you knew your injury resulted from your job, to file a claim with your employer. It is important to immediately contact an experienced Houston workplace accident lawyer at Ben Bronston & Associates who will make every effort to help you receive the financial compensation you deserve.