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Work Injury Lawyers
in Dallas-Fort Worth
OVER 3,000
CASES WON
OVER 99%
SUCCESS RATE
30+ YEARS
EXPERIENCE
FREE CASE REVIEW
YOU WIN OR PAY NOTHING
PROVEN RESULTS
$13 MILLION
TOTAL RECOVERED
Car Accident
Fatality
$1.8 MILLION
TOTAL RECOVERED
Truck Accident
Spinal Injury
$9.5 MILLION
TOTAL RECOVERED
Defective Product
Brain Injury
$6.5 MILLION
TOTAL RECOVERED
Workplace Accident
Head Injury
$10.75 MILLION
TOTAL RECOVERED
Motorcycle Wreck
Head Injury
$864,000
TOTAL RECOVERED
Truck Accident
Spinal Injury
Dallas-Fort Worth Workplace Injury Lawyers
When employers have Texas Workers Compensation Insurance, injured employees may file a workers compensation claim to seek payment for such items as medical expenses, lost wages, and impairment. Frequently, a lawyer is not needed for a workers compensation claim because there are limits on recovery. However, if you have been injured on the job by a third party (someone who does not work for your employer), or by a defective product or piece of equipment, or your employer does not carry Texas Workers’ Compensation Insurance, you may have a valid claims for a case. These types of claims typically require a lawyer. Please call us at (972) 499-4813 or click here for a free case review.
Texas Workers’ Compensation Insurance (Real) vs. Replacement Policy Insurance (Fake/Nonsubscriber)
Workers’ compensation insurance offers no-fault medical and financial benefits to employees who are injured on the job. However, these benefits are very limited and often do not provide Texas employees with adequate compensation.
In Texas, employers may elect whether to carry or subscribe to real workers’ compensation insurance or choose to be a nonsubscriber and elect to purchase a replacement insurance plan. Real workers’ compensation insurance usually costs more than replacement insurance, but by purchasing the real insurance, employers protect themselves from being sued by an employee in most cases. Replacement insurance, or fake workers’ compensation insurance, usually costs much less than the real insurance but leaves the employer open to being sued by an injured employee. Many Texas employers opt for the fake workers’ compensation insurance in order to save money and take their chances on being sued if an employee is hurt while on the job.
Texas businesses that choose not to subscribe to a real workers’ compensation insurance plan are referred to as “nonsubscribers.” Many Texas nonsubscriber employers carry other accident insurance plans, reimbursement policies, or stop loss insurance policies to protect themselves against employee work injury claims. Some Texas employers choose not to be insured at all.
In order to be fully compensated, it is often necessary for injured Texas workers to file a lawsuit or claim against their nonsubscriber employer for their work injuries. Due to the legal complexities involved with work injury cases, it is recommended that you seek advice from one of our work injury lawyers regarding the specifics of your claim. We also highly recommend that you do not speak to any insurance company before talking to us, so we can protect you from the ways in which insurance companies gather evidence to deny your claim.
Tate Law Offices, PC helps injured employees who were hurt on the job when their employer is a nonsubscriber or their injury was due to the actions of a third party. We can provide a free and confidential review of your case and discuss all of your legal options. We are dedicated to pursuing the maximum amount of compensation for you. Our goal is to do everything we can to help you and your family get back on your feet.
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How Do I Determine if My
Employer Has Workers'
Compensation Insurance?
How Do I Determine if My Employer Has Workers' Compensation Insurance?
It is critical to find out if your employer is covered under real Texas workers’ compensation insurance The best way to determine this is to ask your employer.
However, employers often do not want employees to file a claim because it can increase their policy rates. So you may not get a straight answer if you ask directly.
There is a way way around this by checking an online database of subscriber employers. The Texas Department of Insurance offers a database you can search which is available on the Texas Department of Insurance- Division of Workers Compensation website. You can look up your employer by the employer name and date of accident, and you will get a list of results.
Unfortunately, it is not always clear if your employer had worker’s compensation on the date you were injured.
The best way to make sure is to fill out Form DWC-041 which is the official form used to initiate a claim. You will need to submit the completed form by mail or by electronically. A claim number will then be sent to you. After this you will receive. You only have one year from the date of the injury to submit form DWC-041.
If you are still uncertain call Tate Law Offices to review your claim.
Responsibilities of Texas Employers
Texas employers have a duty to maintain a safe workplace. This duty is established by state and federal regulations.
According to the Occupational Safety and Health Administration (OSHA), an employer’s responsibilities include:
- Providing a workplace free from serious recognized hazards
- Examining work site conditions to make sure they conform to relevant standards
- Making sure employees have safe, properly maintained tools and equipment
- Providing adequate warning to employees of potential hazards
- Providing safety training “in a language and vocabulary workers can understand”
- Informing employees about hazardous chemicals in the workplace.
Unfortunately, many companies and employers disregard occupational safety laws, resulting in serious work accidents. If an employer fails to comply with these regulations, and you are hurt as a result, you may be able to file a personal injury claim to recover for the losses you have suffered.
Potential Damages in a Texas Work Injury Case
Texas workers’ compensation insurance benefits are primarily limited to medical expenses and a portion of your lost wages. In contrast personal injury damages are often available in cases where an employee is injured and the employer does not subscribe to Texas workers’ compensation insurance or the employee is injured by someone other than the employer (a third party). Personal injury cases such as these have a broader scope in terms of the available forms of compensation, which could include:
- All lost income and diminished future earning capacity – not just a portion
- All past and future medical expenses (from the doctor you choose)
- Pain and suffering
- Loss of consortium and loss of household services
- Physical Impairment
- All other injury-related expenses.
Cases Our Injury Law Firm Handles
Our law firm handles serious Texas work injury cases when Texas employers do not carry workers’ compensation insurance or third parties caused our clients’ work injuries. We have extensive experience helping injured workers, including those who have suffered traumatic injuries, such as:
- Head trauma
- Brain injuries
- Paralysis and other spinal cord injuries
- Amputation
- Blindness
- Burns and scars
- Wrongful Death
Most Common Work Accidents in Texas
Texas is home to many of the most dangerous industries, including oil and gas, construction, and agriculture. Some of the most common types of workplace accidents that occur in Texas include:
- Motor vehicle accidents
- Construction accidents
- Defective or missing safety devices
- Defective tools and machinery
- Electrocution
- Equipment accidents
- Explosions & severe burns
- Exposure to toxic materials
- Falling accidents
- Improperly trained employees
- Maritime accidents
- Oilfield injuries
- Operator negligence
- OSHA violations
- Struck by object or equipment
When Can You Sue Your Employer for a Work Injury in Texas?
If your employer is a nonsubscriber and you are not covered by workers’ compensation, you may be able to sue your employer for your Texas work injury with a personal injury claim. Though it is limited, Texas workers’ compensation is a no-fault system, and covered employees can recover benefits without having to show that their employer did anything wrong to cause the accident and resulting injuries. With a personal injury claim, you will have to show that your injury was due to your employer’s negligence, carelessness, or wrongdoing. This usually requires you to show:
- Your employer owed a duty to you
- Your employer breached that duty
- You suffered actual harm as a result
There are other instances when employees may be able to sue their employer even if they did have workers’ compensation insurance, such as:
- The employer was grossly negligent or intentionally harmed the employee
- The employee is a maritime or railroad worker protected by federal law
Our knowledgeable Texas work injury lawyers can review your case during a free consultation and inform you if you have a viable claim against your employer.
Can You Bring a Third-Party Liability Claim in Texas?
In addition to claims you may have against a nonsubscriber employer, you may also have claims against a third party who contributed to your injuries. Third-party claims are claims made against non-employers who are responsible for on-the-job injuries. Examples of work injuries that may involve a third-party claim include:
- A distracted driver hit you while you were on a sales call
- You were injured by defective machinery or tools
- A non-employer project manager or supervisor was negligent
- You slipped and fell while visiting a vendor
- A subcontractor caused your injury
- There was a gas line leak that exposed you to harmful substances
In these types of situations, you may be able to file a third-party claim against the negligent party who caused your injury, even if your employer has real workers’ compensation insurance. These claims are often brought against:
- Architects
- Co-workers
- Engineers
- Equipment manufacturers
- Negligent drivers
- Service companies
- Subcontractors
Was Your Loved One Killed on the Job in Texas?
At Tate Law Offices, we can help you to determine if you are eligible to bring a Texas wrongful death claim based on your loved one’s work-related death. We can carefully guide your case throughout the process of seeking damages, which may include:
- Loss of your loved one’s financial support
- Mental anguish
- Loss of companionship and society
- Loss of inheritance
- Funeral and burial expenses
- Medical expenses
- Pain and suffering
- Physical impairment
How Can a Lawyer Help You to Seek Compensation from Your Employer?
If your employer does not subscribe to the workers’ compensation system, and you were injured in a workplace accident, Tate Law Offices can:
- Investigate your case – Our team of investigators can gather evidence about your workplace accident, including accident scene photos, inspection of the accident scene (including any tools or equipment that were involved) and eyewitness interviews.
- Consult with experts – We work with highly qualified experts in workplace safety. They can help us to determine the standards that should have been followed by your employer and whether you were injured due to your employer’s failure to adhere to those regulations.
- Seek a settlement – We are highly trained negotiators. We can meet with your employer’s insurer and seek a settlement that fully and fairly compensates you – without the need to file a lawsuit.
- Litigate your case – If your employer does not agree to a reasonable settlement of your claim, we can file a lawsuit in the proper court and aggressively seek the compensation you are owed in court.
- Collect your compensation – We can take steps to make sure that the funds from any settlement or verdict in your favor are promptly disbursed. We know that the sooner you can be compensated for the harm you have suffered, the sooner you and your family can move on with your lives.
While your case is pending, we can also work with health care providers to make sure that you get the medical treatment you need. Your health should always be the top priority.
Tate Law Offices will not charge you any legal fees or costs unless we recover compensation for you.
Contact the Texas Work Injury
Lawyers at Tate Law Offices
At Tate Law Offices, we understand the challenges faced by work injury victims. We do not charge any fees for our legal services unless we recover a settlement or win a jury verdict in your favor. We have extensive experience handling nonsubscriber and third-party work injury claims and lawsuits in Texas.
We represent clients anywhere in the state of Texas, including Dallas, Fort Worth, Midland-Odessa, and Houston. If you’ve been injured on-the-job and have a nonsubscriber employer or were injured by someone other than your employer, call or text us now at (972) 499-4813 or contact us online to speak with one of our skilled work injury lawyers and to receive your free case consultation.
Get Your Free Case Review
Let one of our personal injury lawyers review your case, explain your
legal options, and answer all your questions in a free case evaluation.
Featured FAQ For Work Accident
WHAT IS FAIR COMPENSATION FOR PAIN AND SUFFERING?
There is no specific formula or rule about how pain and suffering damages should be calculated in Texas. If a case goes to trial, the jury is instructed to determine what amount would fairly compensate the victim for their pain and suffering. In practice, our lawyers work with your medical doctors to show how your injuries (physical and mental) affected you.
SHOULD I USE MY PERSONAL HEALTH INSURANCE TO COVER MEDICAL COSTS?
This is certainly one option, but it may not be the best, depending on what coverage exists in other policies. The personal injury attorneys at Tate Law Offices, P.C., will help you make the best decision in regard to where to file your claims and seek coverage.
HOW MUCH IS MY PERSONAL INJURY ACCIDENT CASE WORTH?
The case must be fully developed to answer this question. It is dependent on the amount of medical bills and the degree of injury reflected in the medical records. It also depends on the facts surrounding how the injury occurred and the size of the insurance policy of the defendant. We take into account all factors in advising you the value of your case.
IF I HAVE TATE LAW OFFICES HANDLE MY PERSONAL INJURY CASE, WHAT WILL I HAVE TO DO?
Basically, Tate Law Offices, P.C., will handle everything regarding your legal case. All you have to do is concentrate of recovering from your injury and following the doctor’s orders.
WHAT IS THE STATUTE OF LIMITATIONS FOR BRINGING CLAIMS IN MY PERSONAL INJURY ACCIDENT CASE?
This can depend on the type of injury claim and who caused the injury. Generally, the statute of limitations in Texas for an injury accident is two years from the date of the injury. However, each case needs to be looked at individually because in some situations the time period can be much shorter.
DOES TATE LAW OFFICES TAKE INJURY CASES ON A CONTINGENCY FEE BASIS?
Yes. If we take on a case our clients pay nothing unless we collect compensation for them.
Legally Reviewed By
Tim Tate, of Tate Law Offices, PC, has represented victims of injuries day-in and day-out throughout the state of Texas as well as in numerous other states throughout America over the last two decades. In addition to being licensed as an Attorney at Law by the Supreme Court of Texas, Tim is a member of the Texas Trial Lawyers Association and the American Association for Justice, both of which advocate and advance the rights of injured victims against insurance companies.
