Dallas Workers' Compensation Lawyer
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.
Texas Workers’ Compensation Insurance (Real) vs. Nonsubscriber Employer Claims (Fake)
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.
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
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.
Cases Our 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
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.
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:
- 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
When Can You Sue Your Employer for a Work Injury in Texas?
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.
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
Contact Tate Law Offices to learn more about filing a third-party claim.
Was Your Loved One Killed on the Job in Texas?
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.
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. 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.
