Work Related Accident
Work Related Accident

There are a diversity of jobs in and around Amarillo. From the oil industry to cattle ranching to professional services, people work in a variety of workplaces and each one comes with unique risks. Many of the jobs – such as those in the industrial, construction, and manufacturing industries – are in workplaces more prone to accidents. If you are injured on the job, you may assume your employer will take care of you, even if you can’t work again. This is not usually the case; and, it can be exhausting to fight for coverage while trying to heal. Working with an attorney experienced at handling a work related accident, like those of Lovell, Lovell, Isern & Farabough, LLP, can help you understand your legal rights and get the compensation you need for your damages.

If an injury does occur while you are at work, you should immediately stop working and seek medical care. Taking the time to finish a task or shift could exacerbate your injuries. Seeing a doctor right away can also help limit the severity of any ailment. You should also report the injury to your employer. Each employer has specific rules for reporting workplace accidents, so speak to the human resources department and follow the proper steps. When you feel up for discussing your situation, contact a personal injury lawyer to discuss your situation. Do not discuss your case with anyone else or take any sort of payment from your employer or any other responsible party beyond your normal paycheck, as this could diminish future compensation options.

Depending on the severity of your injury, you may be facing not only serious physical pain and mental anguish, but also a diminished quality of life. You might not be able to move or care for yourself or others as you once did, much less work again. You may have lost wages and other income and be facing current and future medical costs that your insurance carrier may or may not cover, if you even have insurance. Filing a personal injury lawsuit seeks the financial compensation you are rightfully owed for things like lost income, medical bills, and pain and suffering. Lovell, Lovell, Isern & Farabough, LLP can determine the appropriate amount for your situation.

Workers Compensation For A Work Related Accident

In most states, looking to a workers’ compensation insurer is the first option for trying to recover damages. Texas is the one exception because employers are not required to have workers’ compensation coverage, although many companies do. If your employer has workers’ compensation, it can act as a bar to a direct lawsuit against them for damages. If your employer is a non-subscriber, you can sue them directly. If a third party other than your employer is responsible for your damages, you can also sue them directly. Even if your company subscribes to workers’ compensation coverage, you still may be able to sue them if it can be proven they created an unsafe work environment. Examples include not providing necessary safety equipment for your job, not providing proper training for your job, hiring people without conducting background checks, or allowing a third party on the premises that somehow caused your incident.  Each state has different statutes of limitations for personal injury cases, so it is prudent to consult with an attorney as soon as you are able.

The whole process of getting compensation for an injury can be daunting, especially when you are trying to heal. Hiring a lawyer from Lovell, Lovell, Isern & Farabough, LLP lets you focus less on the legal details. Our attorneys will partner with you to learn the details, investigate the employer and its insurance, and figure out the best plan of action to get you the maximum payment you deserve. We will negotiate the best payout possible; and, if an agreement can’t be reached or if your company does not have the appropriate insurance, we will commence litigation. Many cases are settled outside of court, but if your case goes to trial, our team’s extensive experience fighting for clients in the court system and winning will be put to work on your behalf.

Frequently Asked Questions About Work Injuries

Are employers responsible for accidents at work?

There is general employer liability exposure for an employee injury that happens at work. This is in part because employers can be held liable for the actions of their employees while in the course and scope of their employment. For example, if an employee injures another party and the employer should have foreseen it, the employer may be held responsible for its negligent hiring practices. If an employee is hurt on the job, the employer may face a lawsuit and an investigation into the reason for the accident at work.

What are your rights if you are injured at work in Texas?

Under Texas law, injured workers have either the right to sue their employer or the right to file a workers’ compensation claim. If your employer opts into the Texas workers’ compensation program, you have those legal rights, and if they opt out, you can sue your employer directly. For employers who opt out, personal injury law allows employees who are hurt can sue their employer if injured at work.

What happens if my spouse died on the job?

Many employers carry workers’ compensation insurance in Texas – the one state where it’s optional. If a spouse died on the job, their surviving family receives partial income replacement benefits for various periods of time, but the employee’s family cannot sue the employer. But, is the family limited to just workers’ compensation benefits? If gross negligence was involved, then Texas Law allows the surviving spouse of the deceased worker to sue the employer for punitive damages only.

Can I sue my employer for an injury on the job?

In most cases, employees cannot sue their employer for an injury on the job, but there are exceptions. If a Texas employer subscribes to workers’ compensation, a Texas Workers’ Compensation Bar applies, which bars an injured worker from suing the employer. If the employer is a non-subscriber, they can be sued directly for a work injury and are subject to all personal injury accident damages available under Texas law.

How long do I have to sue for work-related injuries?

If you suffered a work injury, you must file your claims within the appropriate deadlines, which depend on the nature of your claim – whether it is a workers’ comp claim or a personal injury lawsuit. In Texas, the statute of limitations for work-related injuries is two years from the date of employee’s incident for nonsubscriber employers. For companies that subscribe to the Texas workers’ compensation system, the time limit to file a comp claim is one year from the date of injury.

Texas Trial Lawyers For Workplace Accidents

Overall, the law surrounding workplace accidents is very complex and intimidating to tackle without legal help. Our team at Lovell, Lovell, Isern & Farabough, LLP is ready to help you and your family during this trying time. We focus on the details of your case so you can focus on healing. If you have been injured at work, contact us today to discuss your case and learn how Lovell, Lovell, Isern & Farabough, LLP can help.

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Talk to a member of our legal team today. We are Board Certified in Oil, Gas and Mineral Law; Civil Trial Law; and Personal Injury Trial Law by the Texas Board of Legal Specialization. We have won awards including Texas Super Lawyers Rising Stars in Energy & Natural Resources and Texas Super Lawyers in General Litigation and Personal Injury. Many of us are rated AV Preeminent by Martindale-Hubbell – the highest possible rating for ethics and skill in our industry. All communication is kept confidential and private.