Workplace Injury
Brain Injury
Each year, thousands of Texas workers suffer work injuries due to accidents on the job, exposure to hazardous chemicals, workplace falls, and a host of other causes. More work injuries occur in Texas than any state in the country, including injuries in workplaces throughout Dallas, Fort Worth and Houston. According to the latest Bureau of Labor Statistics (BLS) figures, nearly 250,000 work-related injuries and illnesses were reported in our state in a single year. More than half of those cases resulted in days away from work, job transfers or restrictions on the workers’ activity.
The unfortunate outcome of work injuries is often expensive medical bills and lost income. When employers have workers’ compensation insurance, injured employees may file a workers’ compensation claim to offset these costs. But what if your employer does not carry workers’ compensation insurance or someone other than your employer is responsible for your work injuries? Despite the clear statistics of the prevalence of work injuries in Texas, the state does not require employers to carry workers’ compensation insurance. However, you may still have legal options available to you to seek fair compensation after you are injured on the job.
Depending on the circumstances, you may be able to file a claim against your employer or a responsible third party to seek compensation for your injuries. The experienced work injury attorneys at Tate Law Offices, PC understand the pain and frustration that Texas work injury victims feel over being unable to work or provide for their families. We are dedicated to obtaining maximum case value for our clients to compensate for their work injuries and resulting financial losses. If you or a loved one is among those workers who have been hurt on the job and your employer does not carry workers’ compensation insurance, the work injury lawyers of Tate Law Offices want to help you. Call or click here today to learn more.
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.
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:
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.
While Texas workers’ compensation benefits are primarily limited to medical expenses and a portion of your lost wages, personal injury damages are much more expansive. They may include:
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:
We also represent families who have lost a loved one due to a fatal work accident by filing a wrongful death claim against the employer or another responsible party.
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:
If your employer is a non-subscriber and you are not covered by workers’ compensation, you may be able to sue your employer for your Texas work injury. Workers’ compensation is a no-fault system, so covered employees can recover benefits without having to show that their employer did anything wrong to cause their accident. 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:
There are other instances when you may be able to sue your employer even if they did have workers’ compensation insurance, such as:
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.
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:
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:
If your loved one was killed on the job due to an employer’s negligence, Tate Law Offices can help. While no amount of compensation can ever bring your loved one back, we want to help ease the burden you are suffering and recover compensation for the financial and emotional losses you have endured.
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:
You may also seek a recovery of all medical expenses that your loved one incurred due to the injury resulting in death, funeral and burial expenses, and compensation for the pain and suffering your loved one experienced.
If your employer does not subscribe to the workers’ compensation system, and you were injured in a workplace accident, Tate Law Offices can:
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.
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. If you have suffered an on-the-job work injury, call Tate Law Offices, PC today for a free legal consultation.
We represent clients anywhere in the state of Texas, including Dallas, Fort Worth, and Houston. Call us or contact us online today to speak with one of our skilled work injury lawyers and to receive 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.
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.
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.
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.
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.
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.
Yes. If we take on a case our clients pay nothing unless we collect compensation for them.