Whether you work in construction, transportation, the oil and gas industry, or anywhere else, the workplace can be a dangerous place.
Many Texans have to rely on their training and experience to make it through each shift, but this is not always enough to avoid an accident. If a colleague, supervisor, or manager is malicious, reckless, or simply careless, it can spell disaster and leave you badly injured.
Work injury is incredibly common. Every day in the U.S., nearly 13 thousand workplace accidents happen — and some are tragically fatal or leave workers with permanent, life-changing injuries. This works out to one work accident every seven seconds.
But where do you stand when you’re injured at work?
Fortunately, you might be entitled to file a work-related injury lawsuit and claim compensation.
Patino Law Firm’s specialist work injury lawyers in Texas can help you claim damages when you’re injured at work, and it’s not your fault.
Choosing a Texas Work Injury Lawyer is not a decision you should make lightly. It’s vital to work with a lawyer you trust to fight for justice and negotiate a fair settlement or make the best case in court.
Our Texas work injury lawyers understand how difficult it can be to find the right law firm for you.
That’s why, at Patino Law Firm, we do things a little differently.
You don’t pay until we win. Our Texas work injury attorneys work on a contingency basis, so you won’t pay a cent until we win your case.
An injury at work can happen in any situation, and the injuries themselves can be wide-ranging, from broken bones or a slip and fall to a traumatic brain injury sustained in a truck accident while you’re on a delivery run.
Other common injuries and accidents that can happen at work include:
The Texas work injury lawyers at Patino Law Firm are well-versed in handling claims involving all types of workplace injury and can advise you on your legal rights and options.
If you’re in a work accident, you might be able to claim workers’ compensation. This is not the same as filing a work-related injury lawsuit.
That’s because workers’ compensation (or workers’ comp) is a type of insurance often taken out by employers to cover medical expenses and lost wages for employees hurt on the job. Most states make workers’ compensation mandatory, but Texas is unique because this insurance is optional.
Workers’ compensation can be useful if you’re injured at work and can’t prove that your employer was negligent or reckless. All you need to do is prove that your injury happened at work to be entitled to a claim.
However, there are some limitations with this type of insurance: it only covers your past medical treatment and lost income. It does not allow for additional damages for pain and suffering or long-term rehabilitation.
The first thing you should do after a work accident is check if your employer has workers’ comp.
In either case, you may still be able to file a work-related injury lawsuit.
Our work-related injury lawyers in Texas can help you determine who’s liable for your accident and file a lawsuit for compensation.
You can claim compensation in two situations:
Whichever scenario best describes your case, to successfully claim compensation for a work accident, you must prove three things:
This breach could be anything from providing you with defective equipment to failing to protect you from exposure to hazards.
Our work-related injury lawyers in Texas can help you determine who’s liable for your accident and file a lawsuit for compensation.
A workplace accident can leave you needing significant time off work and with a painful — even lengthy — recovery. A work-related injury lawsuit allows you to recover your costs and losses as well as claim non-economic damages, such as loss of enjoyment, emotional distress, and pain and suffering resulting from your injury.
Your claim will also account for your age. If you’re young and have sustained a serious, long-term injury, you could be entitled to a substantial payout to help you manage your condition or disability.
Want to find out how much compensation you could be entitled to? Try our quick and easy personal injury calculator.
In some cases, a third party might be liable for your work accident, and you can file a work-related injury lawsuit to seek compensation.
For example, you might be injured at work while using a defective tool. Your employer has workers’ compensation, so you file a workers’ comp claim to receive the wages you lost due to being unable to work and to recover the cost of your medical bills. However, you can still hold the manufacturer of the defective tool accountable for your injury, as your work accident wouldn’t have happened if the tool had functioned correctly.
In this case, you can claim because the third party meets the three criteria stated previously:
In proving the above elements, you can file for compensation and receive non-economic damages for pain and suffering in addition to any long-term financial losses. For example, if your injury has left you with chronic pain that requires medication or even surgery, or if you’re unable to work ever again because your work accident has left you disabled, you are entitled to have the costs of your long-term treatment and inability to work covered by the liable third party.
But a tool manufacturer isn’t the only third party that might be responsible for your work injury. Other potentially liable third parties include:
Construction Site Owners
If a construction site owner fails to adequately monitor the work environment, you may be able to hold them responsible for on-site accidents.
Contractors and Subcontractors
You may work with contractors, subcontractors, or other temporary workers who have been brought to your place of work. If they are responsible for warning you of potential hazards and fail to do so — or they are unqualified or incompetent — they may be liable. For example, if a contractor is brought in to complete work in your office block and they fail to place wet floor signs, leading to you slipping and sustaining a spinal injury, you may be able to seek compensation.
Other Equipment Manufacturers
When a manufacturer provides defective equipment, equipment that is dangerously designed, or that doesn’t come with appropriate warnings or instructions, you can hold them responsible for work accidents that happen as a result.
The injuries you sustain from using faulty equipment don’t have to be immediate injuries, such as a broken bone or head injury. You may be provided with defective personal protective equipment that fails to effectively safeguard you from inhaling toxic chemicals, which causes you to develop chronic obstructive pulmonary disease. Defective equipment could also lead to you developing a repetitive strain injury.
Your first step after a work accident should be to seek medical treatment. Seeing a doctor allows you to document your injuries and how they occurred. This can prove invaluable when proving that your employer or a third party caused your injury during a breach of duty of care.
Whether you’re filing directly against your employer or a third party, you might be cautious, especially if you’ve only sustained a minor injury. You might be worried about paying medical bills or being singled out at work for making a claim, but it’s your right to seek financial damages when an accident wasn’t your fault.
Your injury might worsen over time if you don’t take action, especially if it’s aggravated by your work activities — for instance, a repetitive strain injury.
You should also speak to a dedicated work injury lawyer in Texas.
Any work injury can leave you needing long-term rehabilitation or surgery, or you might develop a permanent condition. Even minor accidents can cause financial hardship if you have significant medical bills and need time off work — and that’s in addition to the pain you might be suffering. If you’re entitled to file a work-related injury claim, it can reduce the burden of your injury by giving you peace of mind that you won’t have to struggle financially while you recover from or adapt to life after your accident.
Our dedicated work injury lawyers can help you:
It’s important to act fast, as the statute of limitations for personal injury in Texas is two years from the date of your accident, but there are exceptions to this law. Certain maritime claims — such as longshoreman accidents — and claims related to asbestos may have a longer statute of limitations.
If you’re not sure how long you have to make a claim, contact our personal injury lawyers in McAllen and San Antonio today.
Our Texas work injury lawyers have the knowledge and experience needed to help you secure justice and financial support for your injury. Get in touch with the Law Ninja at Patino Law Firm by calling 855-LAW-NINJA or filling in our contact form to see if you can claim after your accident.
A workplace injury claim is a legal action taken by an employee who has suffered injuries at work. Workplace injury claims are usually made when an accident occurs due to someone else’s negligence or recklessness. The aim of the claim is to seek compensation for medical expenses, lost wages, and other damages.
In Texas, you can file a workers’ compensation claim or a personal injury lawsuit, although in rare cases, you can do both. The choice between the two usually depends on your employer’s workers’ compensation coverage and the circumstances and severity of your injury. If you’ve been injured at work, it’s crucial you seek medical assistance immediately and speak to a workplace injury lawyer. Your lawyer will be able to advise you on how to proceed, provide support throughout, and gather evidence to build a strong case.
Yes, there is a statute of limitations for filing workplace injury claims in Texas. Generally, you have two years from the date of the accident to file a claim. However, there are exceptions to the statute for maritime claims and claims related to asbestos.
Due to the statute of limitations, it’s crucial that you act quickly, seek medical attention, and speak to a workplace injury lawyer following a workplace injury.
While having a lawyer for filing a workers’ compensation claim is not mandatory, it’s definitely advisable. Having an experienced workplace injury attorney can significantly improve your chances of receiving fair compensation and make the process much easier for you.
Your lawyer will help you navigate the legal complexities of a workplace injury, from filing your claim to negotiating with insurance companies. A workplace injury lawyer will ensure that you receive the appropriate compensation alongside entitlements like temporary income benefits while you focus on your recovery.
Choosing a workers’ compensation lawyer is an important decision and one that you should take your time with. The right workers’ compensation lawyer will ensure you receive the compensation you deserve. To find the right lawyer, you should look for Texas law firms with proven track records in handling similar cases. You should consider:
An important consideration is whether they offer a contingency-based fee structure. A good lawyer will offer a free consultation to discuss your case and operate on a no-win, no-fee basis. At Patino Law Firm, we operate on this principle, which means you don’t pay until we win.
A workers’ compensation attorney assists injured employees in filing claims, securing benefits, and recovering the compensation they deserve after a workplace accident caused by negligence or recklessness. They achieve this by building a strong case through gathering critical evidence, taking witness testimony, and using medical records.
Your workers’ compensation lawyer will also negotiate with insurance companies and, if necessary, represent you in court.
For a free case evaluation with one of our compassionate Texas Work Injury lawyers, call us today at 855-LAW-NINJA or send us a confidential message through our contact page.
We’ll do our best to help you and your family through this difficult time.
You can reach us 24/7.
Veteran Law Firm Serving Veterans and Their Families with Honor
Available 24/7
Available 24/7
Fill out the form below or call us on
855-LAW-NINJA / 855-529-6465
