Hurt on the Job in Houston?
Houston has a very high percentage of on-the-job injuries per worker. Despite the best efforts of OSHA, the number of injuries and fatalities in the workplace continues to grow each year.
What justice is in each case will depend upon the cause of the accident, the insurance coverage available, and the negligence on the part of another.
Workers’ compensation is generally the sole remedy for claims against an employer in the state with worker’s compensation insurance in force and covers the worker. 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.
There are also situations where there is “fake” worker’s compensation which is not a recognized plan within the state of Texas for the Worker’s Compensation Commission. Many of these plans purport to represent injured workers and waive important rights of the injured worker. The victim should consider consulting with an experienced attorney before signing any documents proffered by the employer or insurers.
Workplace personal injury trial law and lawyers can help educate you about your rights with a personal injury claim or a workplace injury case. Call Baumgartner Law Firm for a FREE consultation at (281) 587-1111.
Aggressive Work Injury Attorney in Houston
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.
Whether you were involved in a slip & fall work accident or were driving a commercial vehicle and got injured, you should hire a work injury lawyer to help you seek compensation.
Pursuing compensation for workplace injury claims requires experienced work injury lawyers.
Is Your On The Job Injury a Third Party Case
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’ comp 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 case 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 get in an accident. You are struck in the rear while stopped at a stop sign. In this case, you may be able to claim workers’ comp benefits and also make a claim against the driver who hit you from the rear. Unfortunately, the workers’ comp benefits do not include things like “pain and suffering.” But 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 make both a workers comp claim and a third party claim, you will need to pay back the money the workers comp attorney and workers comp paid out as long as you collect from a third party. This is called subrogation, and in Texas, payback for comp is by required by law. Attorneys usually seek to reduce the amount needed to reimburse the comp carrier and get the victim credit for employing the attorney.
What Is a 3rd Party Workers Compensation Claim?
If a 3rd party causes your injuries, you can still collect your workers’ comp benefits and recover compensation from the other party. This is also applicable when your injuries are caused by defective workplace equipment.
An example of a 3rd party case is when you’re working on a construction site and are injured due to the negligent actions of another contractor. In this case, you can still file an Initial Report of Injury for your worker’s comp and possibly sue the responsible contractor.
Many accidents involve third parties (persons or entities other than the employer), who can be held accountable for their negligent acts or their failure to take necessary actions they were obligated to do. If you have been injured on the job and your employer carries workers’ compensation, you may still be able to bring a lawsuit against a third party if they were negligent in causing your injuries. 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!
At the Baumgartner Law Firm, our personal injury attorneys have vast experience in representing workers injured on the job and families of those killed while furthering their employers’ interests.
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 is often extremely helpful in determining who may be responsible and what justice may be obtained for an injured worker. Hiring an experienced attorney early after the accident can pay big dividends and how a case may play out.
While OSHA generally investigates very serious injuries and wrongful death, having an independent investigation by your representatives is important to obtaining full justice for the injury or loss of a loved one in a wrongful death case.
Why Talk with an Experienced Work Injury Lawyer?
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.
What Are the Duties of an Employer in Texas?
According to OSHA guidelines, your employer is required to provide you with a reasonably safe work environment. Some of their responsibilities include:
- Providing workers with safety gear and protective equipment.
- Placing clear warning signs in the danger zones and near hazardous equipment.
- Training the workers about the best safety practices.
- Ridding the workplace of all dangerous materials could harm employees and cause injuries.
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.
What Should I Do When I Get Injured on the Job?
If you’re involved in a Houston work injury, you must take these 3 steps:
- Seek immediate medical attention.
- File a worker’s compensation Initial Report of Injury afterward if your employer has Workers Comp and let them know about the injury. If you don’t file a report within 24-48 hours, you could lose your right to get compensation.
- If a 3rd party was the cause of your injury -Seek legal advice from a work injury lawyer like ours at Baumgartner Law Firm so that we can advise you about your legal options and help you understand your rights.
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.
What if My Employer Does Not Have Workers Comp?
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 an on the 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.
What if the Accident Happened at Another Company?
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 personal injury lawyers see frequently are 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 also file a claim again 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.
Why Should I Seek Medical Care Immediately?
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 & workers compensation attorneys) can use this to deny your claim or lowball your compensation.
Make sure you also:
- Fill the prescriptions
- Follow the doctor’s orders
- Diligently go for checkups.
- Fill in all the gaps in your medical care.
- Refrain from experimental medical practices.
What Evidence Should I Get After a Houston Work Accident?
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.
Why Injured Workers Should Hire a Houston Work Injury Attorney!
Navigating a Houston work injury claim is often complex; you shouldn’t have to go through the process alone. The first 24 hours after your accident are critical to the success of your case, which is why you should immediately seek legal advice from an experienced work injury attorney. They will help you protect your rights and ensure you get fair compensation.
Have you been involved in a Houston work accident and sustained injuries? Let us help you with your 3rd party case. Contact the experienced personal injury lawyers in Houston, TX, at Baumgartner Law Firm or call us at (281) 587-1111 for a FREE case evaluation.
Don’t Sign Anything
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.
Contact A Houston
Work Injury Lawyer
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!
Our Houston personal injury law firm also handles:
- CAR ACCIDENT LAWYER IN HOUSTON
- TRUCK ACCIDENT LAWYER IN HOUSTON
- WRONGFUL DEATH LAWYER IN HOUSTON
- MOTORCYCLE ACCIDENT LAWYER IN HOUSTON
- DAYCARE INJURY LAWYER IN HOUSTON
- CONSTRUCTION ACCIDENT LAWYER IN HOUSTON
- HOUSTON ATV ACCIDENT LAWYER
- HOUSTON BOAT ACCIDENT LAWYER
- HOUSTON BRAIN INJURY LAWYER
- HOUSTON BURN INJURY LAWYER
- HOUSTON BUS ACCIDENT LAWYER
- HOUSTON CARBON MONOXIDE LAWYER
- HOUSTON CATASTROPHIC INJURY ATTORNEY
- HOUSTON DRAM SHOP LIABILITY LAWYERS
- HOUSTON DROWNING ACCIDENT ATTORNEY
- HOUSTON DRUNK DRIVING ACCIDENT LAWYER
- HOUSTON PERSONAL INJURY LAWYER
- HOUSTON PRODUCT LIABILITY LAWYER
- HOUSTON PUNITIVE DAMAGES LAWYER
- LYFT ACCIDENT LAWYER IN HOUSTON
- UBER ACCIDENT LAWYER IN HOUSTON
Contact a Leading Houston Work
Injury Lawyer Right Away
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.
Do you make house calls or hospital visits?
What kind of cases do you accept?
We are very selective in the cases that we agree to handle to provide the best possible service to our clients. By limiting the number of cases that we accept, we can provide the time attention, and resources required to maximize compensation for our clients.
Accordingly, our practice is limited to cases involving substantial injury or a family who has lost a loved one. We have gained a reputation for handling 18-wheeler truck accidents, car and drunk driving crashes, daycare injury cases, and other serious injury and wrongful death matters. To learn more about the cases we cover, visit our practice areas page.
Do I have to pay money out of my pocket to hire you?
Do you handle all types of personal injury cases?
No, we are very selective in the cases that we agree to accept. We intentionally limit the number of cases that we handle and the practice areas for the cases we take to provide the best possible personal service for our clients. To learn more about the cases we cover, visit our practice areas page or you can contact us for individual consultation about your case. (281) 587-1111.
What is the best way to contact you?
We prefer to be contacted by telephone and also respond to our online consultation requests. You can call us 24/7 at (281) 587-1111. We offer Zoom consultations as well.
How successful have you been with your cases?
We are a personal injury law firm with over three decades of experience and are extremely proud of our winning track record of success. Our founder is nationally recognized as among the best personal injury lawyers in the USA. We are undefeated in truck accident cases, wrongful death cases, and daycare negligence and invite you to check out our results page for recent results in cases we won.
For the last 35 years, we have concentrated on maximizing our client’s compensation in serious injury and wrongful death cases. If you are looking for the best personal injury lawyers in Houston – Call us! (281) 587-1111.
Thank you
for a job well done!
"I can never express how grateful me and my family are to Greg Baumgartner and his team of truck accident lawyers in Houston. He took care of our injury case and got us a great settlement. Thank you for a job well done!"
- R. G. Client
Houston Personal Injury Victim
Highly
Recommended!
"I was hit in the rear by an 18 wheeler and was lucky enough to have found Greg – I was overjoyed with the results and highly recommend him."
- Raymond
Houston Personal Injury Victim