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Where You Hurt on the Job in Houston?
Houston has a very high percentage of on-the-job injuries per worker. OSHA tries to prevent workplace injuries, but the number of injuries and deaths keeps increasing every year.
Justice in each case depends on the accident cause, available insurance coverage, and negligence of another party.
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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.
We handle severe injury cases like Houston construction accidents, Houston truck accidents, Houston wrongful death accidents, and other practice areas. 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.
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.
If you were injured at work or in a car accident, you should consider hiring a 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.
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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.
What Is a 3rd Party Workers Compensation Claim?
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.
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.
What is The Time Limit for Filing Workers’ Compensation Claims in Texas?
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.
When Can I File a Third Party Claim After a Work Injury?
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.
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.
How Are Pain and Suffering Damages Determined in a Work Injury Claim?
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.
What Damages Can I Pursue for a Work Injury If My Employer Does Not Carry Workers’ Comp?
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:
1. Medical Expenses: You may be eligible to receive compensation for all current and future medical expenses related to your work injury. This includes medical bills for treatments, surgeries, medications, rehabilitation, and other necessary medical care.
2. Lost Wages: If you have been unable to work due to your work injury, you can seek compensation for all the wages you have lost during this time. This not only includes the income you have already missed out on but also potential future earnings if your injury has led to a long-term or permanent disability that affects your ability to work.
3. Loss of Earning Capacity: In cases where your work injury has resulted in impairment or disability that impacts your ability to earn a living, you can pursue compensation for the wages you may lose now or in the future.
4. Transportation Expenses: The cost of traveling to and from medical appointments, physical therapy sessions, or any other necessary healthcare services may also be included in the damages you seek.
5. Home and Vehicle Modifications: If your work injury has led to a permanent disability that requires modifications to your home or vehicle to accommodate your needs, you can seek compensation for the associated costs.
6. Professional Services for Household Activities: If your work injury has impeded your ability to perform household activities such as home repairs, lawn care, or childcare, you may be eligible to recover expenses for professional services required to assist you with these tasks.
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.
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.
- Clear warning signs should be placed 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 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.
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 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.
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 & worker’s 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
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- HOUSTON ATV ACCIDENT LAWYER
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- 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
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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.
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Related FAQs
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.
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"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!"
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"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."
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