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Houston Work Injury Lawyer
40 Years of Experience- Hundreds of Millions Won No Fees Unless We Win
Where You Hurt on the Job in Houston? Need a Houston Work Injury Lawyer?
Our Houston work injury lawyers help with job-related injury cases. We handle cases not covered by workers’ compensation. We also take cases caused by someone outside your company. This includes accidents with company vehicles or car crashes. We handle cases involving careless independent contractors. We also help when your employer or coworker is at fault. This applies if your employer doesn’t have 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 injury attorney near you, who has been trusted since 1985.
Note: We Do Not Handle Workers’ 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 get workers’ compensation from plans not approved by the Texas Workers’ Compensation Commission. Many of these plans claim to help injured workers. But they actually take away important rights from hurt workers. Victims should talk to an experienced lawyer before signing any papers. This includes documents from employers or insurance companies.
Our Houston personal injury lawyer handles severe injury cases, including Houston construction accidents, Houston truck accidents, and Houston wrongful death lawsuits, among other practice areas. Our personal injury lawyer in Houston has over 40 years of experience and has won millions for our clients.
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ABOUT GREG BAUMGARTNER
A Passion For Justice. The Experience For Win.
Greg Baumgartner, the founder of Baumgartner Law Firm, has spent the last 40 years helping accident victims. Greg is top-rated in personal injury and wrongful death cases, with a perfect 10 AVVO rating and is recognized as one of the best personal injury lawyers in Texas. He has won millions for accident victims in Houston and across Texas. You will not find a more experienced injury attorney. Greg holds dual law degrees and is also a graduate of the Trial Lawyers College.
You will not be a case number to us. Our legal team will treat you like family. We will use our personal injury law experience and winning record to maximize your compensation, We have the expertise and resources to handle the most difficult cases. Contact our law firm and let us fight for your financial compensation.
Call us 24/7. Let’s start fighting together,
Greg Baumgartner
CEO of Baumgartner Law Firm
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 worksite injury attorney in Houston should handle serious injury workplace accidents with third-party liability claims.
When occupational accidents occur, they significantly disrupt your life. 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. A 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 whether they should file a workers’ compensation claim. “Did a third party cause the injury?”
When someone is hurt at work or on the job, they can file a workers’ compensation claim 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 happens when someone outside your company causes an accident. Third parties are not your employer’s workers. They don’t include supervisors or co-workers from your company. Third-party claims occur when another company or its workers cause an accident that hurts you. This may let you get extra money beyond workers’ comp. Third parties can also be equipment makers or repair companies. This applies when broken equipment causes an accident.
A third-party claim allows injured workers to pursue compensation beyond workers’ compensation benefits.
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Examples of Third-Party Liability Claims
Third-party cases can arise in situations where you are on the job, driving a company car, and get in an accident, and a Houston workers’ comp lawyer can assist you. 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, workers’ compensation benefits do not include “pain and suffering.” However, third-party claims also include human damages, such as pain, suffering, and mental anguish. Therefore, damages in cases against third parties are not limited in scope, unlike workers’ compensation 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 required by law. Lawyers attempt to reduce the amount owed to the insurance company and provide the victim with credit for hiring them.
What Is a 3rd Party Workers’ Compensation Claim?
If someone else caused 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 workers’ comp and possibly sue the contractor.
Accidents often involve people or entities other than the employer. These third parties can be held responsible for their careless actions or for failing to perform their duties. 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, which a Houston personal injury attorney can help you navigate. Our Houston personal injury law firm has won 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 you receive expert legal representation in your pursuit of compensation.
Some of the cases in which we have been extremely successful in financial recoveries include:
Early investigation can help determine who caused harm to a worker and what type of justice can be achieved. Hiring an experienced attorney early after the accident can pay significant dividends in how a case may ultimately unfold.
OSHA looks into serious injuries and deaths. It is important to conduct your own investigation for complete justice in a Houston wrongful death case.
How to File a Workers’ Compensation Claim
Filing a workers’ compensation claim in Texas has several key steps. First, tell your employer about your injury or illness within 30 days. Your employer will give you a claim form to fill out and return. The employer sends this form to their insurance company. The insurance company reviews and handles your claim. If approved, you get benefits for medical bills and lost wages. This support helps you during recovery.
Workers’ Compensation Benefits
Workers’ compensation benefits in Texas encompass several critical areas:
Medical Expenses
Coverage for all necessary medical treatments related to workplace injury or illness.
Lost Wages
Compensation for a portion of the employee’s lost wages during the period they cannot work.
Rehabilitation Costs
Financial support for rehabilitation services, such as physical therapy or vocational training, to aid the employee’s return to work.
Death Benefits
In tragic cases where an employee dies due to a workplace injury or illness, their dependents may be eligible for death benefits.
These benefits are designed to provide comprehensive support to injured workers, helping them manage the financial and medical challenges of workplace injuries.
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 may be held liable for any injuries that occur in 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 three steps:
- Seek immediate medical attention.
- File a workers' compensation initial report of injury afterwards if your employer has workers’ compensation 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 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, employers have different work injury policies. You must follow their rules to get medical benefits. We recommend that you inform your employer about the incident. Additionally, refer to your employee handbook for the next steps to take or any reports that need to be filed.
You should contact an experienced work injury lawyer in Houston soon. 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 workers’ 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 (non-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 overall well-being and can support 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 is Workers’ Compensation?
Workers’ compensation is a state-managed insurance program designed to provide benefits to employees who suffer injuries or illnesses due to their jobs. This no-fault system ensures that workers receive necessary support without needing to prove fault or negligence. In Texas, private employers can opt to subscribe to workers’ compensation, which provides benefits to employees affected by workplace incidents.
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 workers’ compensation benefits.
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.
Lost Wages
If you have been unable to work due to your work injury, you can seek compensation for all your workers' compensation benefits. 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.
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.
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.
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 and other out-of-pocket expenses.
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 also be sought. These damages can include:
Compensation for chronic pain
Payment for disability
Compensation for permanent scarring or disfigurement
Payment for disfigurement
Other negative effects on your enjoyment of life from the work injury. Our work injury attorneys in Houston will review the evidence and talk to experts. They will help find the total value of your damages.
Workers’ Compensation Benefits
Workers’ compensation benefits in Texas encompass several critical areas:
- Medical Expenses: Coverage for all necessary medical treatments related to workplace injury or illness.
- Lost Wages: Compensation for a portion of the employee’s lost wages during the period they cannot work.
- Rehabilitation Costs: Financial support for rehabilitation services, such as physical therapy or vocational training, to aid the employee’s return to work.
- Death Benefits: In tragic cases where an employee dies due to a workplace injury or illness, their dependents may be eligible for death benefits.
These benefits are designed to provide comprehensive support to injured workers, helping them manage the financial and medical challenges of workplace injuries.
How Are Pain and Suffering Damages Determined in a Work Injury Claim?
Pain and suffering damages pay for emotional trauma from work injuries. These damages help injured workers deal with their suffering. They provide money for the mental stress caused by the injury. Workers’ compensation usually does not cover pain and suffering. But sometimes a careless employer can be held responsible. In these cases, the worker can file a lawsuit and seek these damages.
Remember, they don’t have a clear dollar amount when looking at pain and suffering damages in a work injury claim. This is different from medical expenses or lost wages. As a result, insurance companies may not offer adequate compensation for these losses. To make a fair assessment, we must examine how the work injury has impacted the worker’s life. This evaluation is important. This includes looking at physical, mental, emotional, and financial aspects.
At Baumgartner Law Firm, we understand the significance of pain and suffering in a work injury claim. We meticulously investigate the case, examining how the injury affected the individual’s well-being. We collect strong proof to show the full extent of the harm and losses caused by the work injury.
Pain and suffering damages look at the emotional hurt a worker feels after an injury. Workers’ compensation usually does not pay for these damages. But you can sue a careless employer. This lawsuit can include money for pain and suffering. We can get fair payment for all your losses. We do this by investigating thoroughly and showing strong proof.
What is The Time Limit for Filing Workers’ Compensation Claims in Texas?
In Texas, when filing workers’ compensation claims, specific time limits must be followed. For personal injury claims, like those for 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 receive benefits, workers must notify their employer about the injury within 30 days of the work-related accident. This reporting requirement ensures that the employer is promptly made aware of the incident.
Workers’ compensation benefits have an even tighter deadline. You must file your claim within one year of your injury date. Injured workers need to act fast to get their benefits. Even if your employer has insurance, you must still act quickly. There is a specific time limit for getting workers’ comp benefits. Acting promptly helps you secure the benefits you deserve.
It’s essential to adhere to 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.
Determining if a third party was involved in causing your injury is important. 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 situation is when a worker gets hurt in a car accident that is not their fault while working. In such cases, the victim can receive workers’ compensation benefits and pursue a claim against the at-fault driver to seek compensation for their injury damages.
About Third-Party Claims
It’s essential to be aware that third-party liability claims can occur. This occurs when someone other than the employee is involved in a workplace injury. This could be a subcontractor or a manufacturer, both of whom may be liable for your Texas work injury. If you were hurt at a construction site because of broken equipment or someone not from your company, a Houston personal injury attorney can help you 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 in addition to 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.
Read More: What To Do If You Are Injured In A Company Car in Houston?
What is The Time Limit for Filing Workers’ Compensation Claims in Texas?
In Texas, when filing workers’ compensation claims, specific time limits must be followed. For personal injury claims, like those for 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 receive benefits, workers must notify their employer about the injury within 30 days of the work-related accident. This reporting requirement ensures that the employer is promptly made aware of the incident.
Workers’ compensation benefits have an even tighter deadline. You must file your claim within one year of your injury date. Injured workers need to act fast to get their benefits. Even if your employer has insurance, you must still act quickly. There is a specific time limit for getting workers’ comp benefits. Acting promptly helps you secure the benefits you deserve.
It’s essential to adhere to 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.
Common Types of Work Injuries in Texas
Our Houston work injury lawyers are experienced in handling a wide range of work injuries and claims, ensuring that injured workers receive the compensation they deserve. Some common types of work injuries we handle include:
- Back Injuries: Often resulting from heavy lifting or repetitive bending, back injuries can significantly impact a worker’s ability to perform their job.
- Head Injuries: These can range from mild concussions to severe traumatic brain injuries, often leading to long-term disability or even death.
- Spinal Cord Injuries: Spine injuries can result in partial or complete paralysis, profoundly affecting the victim’s quality of life.
- Amputations: These catastrophic injuries can occur due to machinery accidents or other workplace hazards, leading to permanent disability.
- Burns: Burns from chemical spills, electrical accidents, or fires can cause severe pain and long-term complications.
- Repetitive Stress Injuries: Conditions like carpal tunnel syndrome arise from repetitive motions or tasks, causing chronic pain and functional impairment.
- Occupational Diseases and Illnesses: Exposure to hazardous materials or substances can lead to severe health conditions, including respiratory diseases and certain types of cancer.
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.
Take photos of your healing process during the first few days. After that, take photos once a week. Remember to keep all your medical expenses and care receipts. This includes costs for medical supplies, mileage, copays, deductibles, and prescriptions. This will help you get the compensation that you deserve.
Why Should Injured Workers Hire a Work Injury Attorney Near Me?
When hiring a work injury lawyer nearby, focus on their qualifications and experience. Don’t just consider how close they are to you. Work injury laws can vary by state, but generally remain consistent within each state. Therefore, ensure your attorney is well-versed in the Texas laws and regulations governing work injuries.
A skilled work injury lawyer from another city or state can still help with your case. They should have a proven track record of success in similar cases. However, hiring a Houston attorney for an accident in Harris County, Texas, is recommended. The most important factor in choosing a work injury lawyer is their skill and ability to represent you well.
Don’t Sign Anything Without Talking with an Attorney
If you have been the victim of a workplace injury, the accident should be documented by the employer. The injured worker should not give a statement or sign any documents from an insurance company. They should talk to a personal injury attorney first.
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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.
Determining if a third party was involved in causing your injury is important. 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 situation is when a worker gets hurt in a car accident that is not their fault while working. In such cases, the victim can receive workers’ compensation benefits and pursue a claim against the at-fault driver to seek compensation for their injury damages.
Frequently Asked Questions
Houston Work Injury FAQs
If you or a loved one suffered a Work injury, you are sure to have questions and concerns. The best way to answer your questions is to call us for a free consultation. Here are a few questions that our experienced Houston Work injury attorney is frequently asked.
What Is a 3rd Party Workers’ Compensation Claim?
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What Is a 3rd Party Workers’ Compensation Claim?
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What Is a 3rd Party Workers’ Compensation Claim?
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What Is a 3rd Party Workers’ Compensation Claim?
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What Is a 3rd Party Workers’ Compensation Claim?
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What Is a 3rd Party Workers’ Compensation Claim?
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What Is a 3rd Party Workers’ Compensation Claim?
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How to File a Workers’ Compensation Claim
Filing a workers’ compensation claim in Texas has several key steps. First, tell your employer about your injury or illness within 30 days. Your employer will give you a claim form to fill out and return. The employer sends this form to their insurance company. The insurance company reviews and handles your claim. If approved, you get benefits for medical bills and lost wages. This support helps you during recovery.
How Do I Report an OSHA Violation
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 for identifying and addressing the Texas workers’ violations effectively. Reporting an OSHA violation helps address the immediate concern and is vital in promoting a safer work environment for all employees.
What Do I Need to Know About Returning to Work?
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 crucial for your well-being after an injury.
What are Some Case Results that Baumgartner Law Firm Has in Work Injury Cases?
Baumgartner Law Firm has numerous case results in 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. We 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.
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Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111
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