Work Injury Lawyers

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:

• 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.

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:

• 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
• All other injury-related expenses.

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

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:

• Caught in/compressed by equipment or objects
• Construction accidents
• Defective or missing safety devices
• Defective tools and machinery
• Electrocution
• Equipment accidents
• Explosions
• Exposure to toxic materials
• Falls on same level and falls to lower levels
• Improperly trained employees
• Maritime accidents
• Motor vehicle accidents
• Oilfield injuries
• Operator negligence
• OSHA violations
• Overexertion (or bodily reactions)
• Repetitive motions involving “micro-tasks”
• Slip or trip without a fall
• Struck against object or equipment.
• Struck by object or equipment

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:

• Your employer owed a duty to you
• Your employer breached that duty
• You suffered actual harm as a result

There are other instances when you may be able to sue your employer even if they did have workers’ compensation insurance, such as:

• Your employer was grossly negligent or intentionally harmed you
• You are 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.

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:

• Loss of your loved one’s financial support
• Mental anguish
• Loss of companionship and society
• Loss of inheritance

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.