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(281) 587-1111
(281) 587-1111
(281) 587-1111
Our Houston work injury lawyers assist with on-the-job injury cases that aren’t covered by workers’ compensation or are caused by the negligence of someone outside your company. Such as accidents involving a company vehicle, motor vehicle accidents, negligence by an independent contractor, or even negligence from your employer or coworker if your employer doesn’t subscribe to Texas workers’ compensation.
If you were seriously injured at a construction site, while driving a company vehicle, or in another type of workplace accident in Texas, contact the Houston work injury lawyer near you, who has been trusted since 1985.
Note: We Do Not Handle Worker’s Compensation Claims!
Workers’ compensation is usually the only way to get help if you’re hurt at work in a state with this insurance. It helps cover your medical bills. There are exceptions when a worker is killed, and the conduct of the employer or fellow employees is willful or outrageous such that a claim of gross negligence for punitive damages can be brought.
Sometimes, people try to claim worker’s compensation benefits from a plan that is not approved by the Texas Worker’s Compensation Commission. Many of these plans purport to represent injured workers and waive important rights of the injured worker. The victim should consult an experienced attorney before signing any documents proffered by the employer or insurers.
Our Houston personal injury lawyer handles severe injury cases like Houston construction accidents, Houston truck accidents, Houston wrongful death lawsuits, and other practice areas. And our personal injury lawyer in Houston has over 38 years of experience and has won millions for our clients.
Work injury lawyers can teach you about your rights in a personal injury claim or workplace injury case. Call Baumgartner Law Firm for a FREE consultation at (281) 587-1111.
Workplace injuries are devastating, and unfortunately, they’re not unusual in Texas. According to the Texas Department of Insurance, 469 fatal work-related injuries occurred in 2020. Non-fatal injuries are much higher.
A Houston workplace injury lawyer should handle serious injury workplace accidents with third-party liability claims.
When occupational accidents happen, they disrupt your life in a major way. You often have to take time off work and incur medical & mileage expenses, and sometimes they even result in the death of a loved one.
If you were injured at work or in a car accident, you should consider hiring a personal injury lawyer. The lawyer can help you obtain compensation for your injuries. Hiring a lawyer can increase your chances of receiving money for your injuries.
Pursuing compensation for workplace injury claims requires experienced work injury lawyers. Call now: (281) 587-1111.
One of the first questions a person hurt on the job needs to answer is, was the injury caused by a third party?
When someone is hurt at work or on the job, they can file workers’ compensation claims and collect benefits for the injury. Workers’ compensation is paid without regard to fault for a work-related injury. The key issues are: a) did the employer have Workers’ Comp? And b) Did a third party contribute to causing the damages?
Third-party responsibility is when a person not employed by your employer caused the accident. Third parties do not include your company’s employees, like supervisors or co-workers. Third-party claims are situations where another company or its employees caused an accident where you were hurt. Third parties also can be equipment makers or maintenance companies when defective equipment causes an accident.
A third-party claim allows the injured workers to pursue compensation Outside of workers’ compensation benefits.
Examples of Third-Party Liability Claims
Third-party cases can be situations like you are on the job and driving a company car and getting in an accident. You are struck in the rear while stopped at a stop sign. If you were hit from behind, you can get workers’ comp benefits and also sue the driver who hit you. Unfortunately, the workers’ comp benefits do not include things like “pain and suffering.” However, third-party claims include human damages like pain, suffering, and mental anguish. Therefore, damages for cases against third parties are not limited in scope, like workers’ comp benefits.
If you file for workers comp and also file a claim against a third party, you must reimburse the workers comp attorney and workers comp for any money they paid out if you receive compensation from the third party. This is called subrogation, and in Texas, payback for comp is by required by law. Lawyers try to lower the amount owed to the insurance company and give the victim credit for hiring them.
If someone else causes your injuries, you can still get workers’ comp benefits and receive money from the other party. This is also applicable when your injuries are caused by defective workplace equipment.
A 3rd party case is when you get hurt on a construction site because of another contractor’s careless actions. You can report the injury to your worker’s comp and possibly sue the contractor in this situation.
Accidents often involve people or entities other than the employer. These third parties can be responsible for their careless actions or for not doing what they were supposed to do. If you get hurt at work and your employer has workers’ comp, you might still sue a third party if they caused your injuries due to negligence. Our Houston personal injury law firm has been winning huge cases against third parties for over thirty-five years. Check out our recent results page for some of our- multi-million dollar wins!
Our personal injury lawyers at Baumgartner Law Firm have extensive experience assisting workers who have been injured on the job. They also have experience helping families who have lost a loved one while working for their employers. Our attorneys are well-versed in personal injury trial law, ensuring that you receive expert legal representation in your pursuit of compensation.
Some of the cases that we have been extremely successful in financial recoveries include:
* construction site accidents, including falls, trench cave-ins, and heavy equipment injury
* commercial vehicle crashes
* electrocution
* explosions and fires
Early investigation can help figure out who caused harm to a worker and what kind of justice can be achieved. Hiring an experienced attorney early after the accident can pay big dividends and how a case may play out.
OSHA looks into serious injuries and deaths. It is important to conduct your own investigation for complete justice in a Houston wrongful death case.
Workers’ compensation is a state-managed insurance program designed to provide benefits to employees who suffer injuries or illnesses due to their job. This “no-fault” system ensures that workers receive necessary support without needing to prove fault or negligence. In Texas, private employers can subscribe to workers’ compensation, which offers crucial benefits to employees affected by workplace incidents.
Filing a workers’ compensation claim in Texas involves several key steps. First, employees must notify their employer about the injury or illness within 30 days of its occurrence. The employer will then provide a claim form the employee must complete and return. This form is subsequently forwarded to the employer’s insurance carrier, which will review and process the claim. Upon approval, the employee will receive benefits to cover medical expenses and lost wages, ensuring they have the support needed during recovery.
Workers’ compensation benefits in Texas encompass several critical areas:
These benefits are designed to provide comprehensive support to injured workers, helping them manage the financial and medical challenges that arise from workplace injuries.
In Texas, when it comes to filing workers’ compensation claims, specific time limits need to be followed. For personal injury claims, like workplace accidents, you have two years from the injury date to file a lawsuit. This means injured workers have a maximum of 2 years to file a compensation claim for their workplace injury.
Additionally, there is a separate time limit for workers’ compensation benefits. To get benefits, workers must tell their employer about the injury within 30 days of the accident at work. This reporting requirement ensures that the employer is promptly made aware of the incident.
Moreover, when filing for workers’ compensation benefits, there is an even stricter time limit. Workers’ comp benefits claims must be filed within one year from the date of the injury. Injured workers must act promptly to ensure they receive the benefits they are entitled to. Even if their employer has insurance, injured workers must act quickly to receive workers’ compensation benefits within a specific time frame. This will help them secure the benefits they deserve.
It’s important to follow time limits. This will protect your rights as an injured worker. It will also ensure you can get compensation for medical bills, lost wages, and other damages.
If someone other than your employer caused your work injury, you may be able to file a claim against them. This is known as a third-party claim. It allows you to seek compensation from the party responsible for your injury.
It is important to determine if a third party was involved in causing your injury. If so, you may have a legal right to pursue a claim against them. For instance, if you were at another company’s premises for work and experienced a slip and fall due to their negligence, you have the right to file a claim against that third party.
Another common scenario is when a worker is injured in an automobile accident that was not their fault while on the job. In such cases, the victim can receive worker’s compensation benefits and pursue a claim against the at-fault driver to seek compensation for their injury damages.
It’s important to remember that third-party liability claims can happen when someone else, like a subcontractor or manufacturer, is involved in a workplace injury. If you were hurt at a construction site because of broken equipment or someone not from your company, you can sue that person for compensation.
By pursuing a third-party liability claim, you can seek additional compensation beyond what workers’ compensation benefits cover. It’s important because workers’ comp may not cover all your injuries and losses. Therefore, consulting with a workplace injury attorney is advisable to explore the potential of pursuing a third-party claim alongside or instead of a workers’ compensation claim.
It’s important to act quickly after a workplace injury. After a workplace injury, it is important to act quickly. Contacting a lawyer immediately can help you understand your rights. It can also help you explore your options for receiving compensation from a third party for your injuries.
In a work injury claim, pain and suffering damages are awarded to compensate for the emotional and psychological trauma. These damages are meant to address the suffering experienced by the injured person. They are intended to provide financial relief for the emotional distress caused by the injury. While workers’ compensation generally does not cover pain and suffering, there are circumstances where a negligent employer can be held accountable, allowing the worker to file a lawsuit and seek these damages.
When assessing pain and suffering damages in a work injury claim, it is important to note that they do not have a precise monetary value like medical expenses or lost wages. As a result, insurance companies may not offer adequate compensation for these losses. To ensure a fair assessment, it is crucial to thoroughly evaluate how the work injury has impacted the worker’s life, including physical, mental, emotional, and financial aspects.
At our law firm, we understand the significance of pain and suffering in a work injury claim. We meticulously investigate the case, examining how the injury has affected the individual’s overall well-being. We collect strong proof to show the full extent of the harm and losses caused by the work injury.
In summary, pain and suffering damages in a work injury claim are determined by assessing the emotional and psychological trauma felt by the injured worker. Although workers’ compensation generally does not cover these damages, pursuing a legal claim against a negligent employer can include pain and suffering compensation. Through a rigorous investigation and presentation of compelling evidence, fair and just compensation can be sought for the full extent of the damages suffered.
When filing a lawsuit against your employer for a work injury, you can pursue various types of compensation for your damages. These damages can include:
Additionally, non-economic damages can be sought as well. These damages can include compensation for chronic pain, disability, scarring, disfigurement, and any other adverse effects on your overall quality of life resulting from the work injury. Work injury attorneys at our firm will carefully assess the evidence and consult with experts to help determine the total value of these damages on your behalf.
Speaking with an experienced personal injury lawyer can help you understand your rights and options. Worker’s Compensation, third-party claims, and Non-Subscriber lawsuits can be confusing. A personal injury trial lawyer can review your situation and explain your choices.
According to OSHA guidelines, your employer is required to provide you with a reasonably safe work environment. Some of their responsibilities include:
If they violate these guidelines, they could be held liable for all injuries that occur at the workplace. For instance, if you fall off a scaffolding and your employer has not installed proper fall protection equipment or supplied you with protective gear, you could file a work injury claim.
If you’re involved in a Houston work injury, you must take these 3 steps:
Seeking damages for work-related injuries can be overwhelming, so don’t underestimate the benefits of having a Houston work injury lawyer on your side.
Unlike most states, Texas does not require employers to carry workers’ compensation insurance. However, if your employer doesn’t have workers comp insurance and you’re injured on the job, you can file a claim against them.
The good news is that, in this instance, you have added protection because, according to the Texas Labor Laws, your employer can’t claim that there was contributory negligence on job injury or the victim. They can’t claim that another employee caused the injuries or that you’ve assumed the risk. These work injury claims are referred to as “non-subscriber cases.”
In most cases, however, employers often have alternative work injury policies, but you must comply with their requirements in exchange for medical benefits. We recommend that you report the incident to your employer and check your employee handbook for the next steps you need to take or the reports that you’re required to file.
You should also contact an experienced Houston work injury lawyer as soon as possible so that they can help you protect your rights.
If your injury was caused by someone other than your employer, they could still be held liable. For instance, if you were at another’s business for your employer and slipped and fell due to the other company’s negligence, you can still file a claim against the third party.
Another example our injury lawyers see frequently is cases where someone on the job was injured in an automobile accident that was not their fault. In this situation, the victim may get worker’s compensation and file a claim against the other driver for their injury damages.
This also applies when a third party, including a subcontractor or a manufacturer, causes workplace injury. For instance, if you were involved in a construction site accident due to faulty equipment or another (not co-employee) negligence, you could file a claim against the 3rd party.
Regardless of where and when you sustained injuries, the first thing you should always do is seek medical attention. This improves your general well-being and helps with your work injury claim. If you delay seeking medical care, the adjusters (liability, insurance & worker’s compensation attorneys) can use this to deny your claim or lowball your compensation.
Make sure you also:
To report an OSHA violation, you should first gather information about the specific incident or hazard you believe violates OSHA safety regulations. Once you have the necessary details, you can submit a report directly to the Occupational Safety and Health Administration. Providing accurate and detailed information in your report is crucial to help identify and address the violation effectively. Reporting an OSHA violation helps address the immediate concern and plays a vital role in promoting a safer work environment for all employees.
When returning to work after an injury, it is important to prioritize your health and safety above all else. Be sure to communicate with your employer about your injury, including any limitations or accommodations you may require to return to work successfully. It is also crucial to follow any protocols set forth by your healthcare provider and ensure that you have fully recovered before resuming your duties. Additionally, familiarize yourself with your rights regarding workplace safety and potential OSHA violations, as a safe work environment is essential for your well-being post-injury.
Baumgartner Law Firm has numerous case results with work injury cases. Examples include a huge confidential settlement for a worker who was crushed and died in a mixing machine. Another example is a worker who was killed when he fell off a roof on a commercial project. They won compensation from the general contractor and the safety gear manufacturer. Baumgartner Law Firm won a large confidential settlement from a worker who was killed in a trench collapse. We have many more examples of multiple million-dollar results in work injury lawsuits.
Our Houston work injury lawyers are experienced in handling a wide array of work injuries and claims, ensuring that injured workers receive the compensation they deserve. Some common types of work injuries we handle include:
Collecting evidence after a Houston work accident can help speed up your claim. Some of the information you should document includes videos and photos of your injuries and the accident scene. Take photos of the vehicle if you sustained your injuries from a car accident. This kind of evidence helps to prove exactly what happened.
You should also document your healing process by taking photos during the first few days and then reduce the frequency to weekly. Don’t forget to save your full medical expenses and medical care receipts for medical supplies, mileage expenses, copays and deductibles, prescription costs, etc. This will help you get the compensation that you deserve.
When considering whether to hire a work injury lawyer near you, it’s important to prioritize the qualifications and experience of the attorney rather than focusing solely on their proximity to your location. Work injury laws can vary by state but generally remain consistent within the state itself. Therefore, ensure your attorney is well-versed in the Texas laws and regulations governing work injuries.
An experienced and competent work injury lawyer based in a different city or within the state may still effectively handle your case if they have a track record of success in similar cases. However, hiring a Houston attorney for a Harris County, Texas, accident is recommended. Ultimately, the most important factor when selecting a work injury lawyer is their expertise and ability to represent your interests effectively.
If you have been the victim of a workplace injury, the accident should be documented by the employer. However, the injured worker should not give a statement or sign documents sent to them by an insurance company unless they have consulted with a personal injury attorney first.
The workplace injury attorneys in Houston at the Baumgartner Law Firm offer no-obligation consultations about your rights and options after a workplace injury. Contact us so we can also investigate your workplace accident and help you see the maximum compensation for the injury.
Call us today at (281) 587-1111 with a third-party accident claim to discuss your rights and options.
Note: We Do Not Handle Worker’s Compensation Claims!
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Call Baumgartner Law Firm for a FREE consultation on your rights and options. While we do not handle Worker’s Compensation cases, we do help with third-party claims. Call (281) 587-1111.
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