What to Do After a Work Accident In Texas

Workers compensation is a Texas state regulated system that helps provide certain benefits after a workplace accident occurs. The benefits received may include medical, disability or death benefits. Employers who are not subscribed to workers compensation insurance lose out on certain protections, such as escaping liability for a lawsuit.If you’re living in Texas, then you may be surprised to know that Texas does not require employers to carry workers compensation insurance. However, employers in Texas are required by law to tell you that they do not provide workers compensation.This may leave you in a difficult situation, especially if you’re hurt on the job. A workplace accident may require you to file a lawsuit against your employer to be compensated for any medical care and lost income due to the injury.

Important Steps to Take if You’re Hurt on the Job

These are some essential steps to take if you sustain an injury in your workplace.

• Medical attention. If you’re hurt on the job, seek medical attention first. Keep all documentation from your visit. It’s important to get the doctor’s opinion on physical activity, as well as how long it should take to recover properly.
• Per Texas law, you have 30 days to report any injuries to your employer. Then your employer must submit a report within eight days of the injury. These regulations are required under the Texas Workers Compensation Act.
• You may be able to receive medical and income benefits regardless of fault.
• Going back to work. Make sure to inform your employer of what your physical limitations are if the doctor approves of you working again.

Questions About a Work-Related Accident?

The Texas work accident lawyers at Mike Love & Associates, LLC want to protect your rights. If you have questions about your insurance policy or what to do after an accident, then we are here to help. Call (936) 632-2000 for more details.

How to Get Injury Coverage If Your Employer Doesn't Carry Workers’ Comp

Many workers in Texas have jobs that do not have medical coverage for their workers in the event of a workplace injury. Employers are not required to carry workers’ compensation under Texas law.A serious injury sustained at work can take you from being able to support yourself, to going into debt very quickly. Not only are you losing wages from not being able to work, but are having to adjust to living with potentially debilitating injuries, such as broken bones, spine injuries, or even a brain injury.Many workers will not be able to afford medical bills for serious injuries on their own. However, there are other options you have in receiving injury coverage for work-related damages without workers comp.

What Other Options Are There Besides Workers' Compensation?

• Personal injury lawsuit: Many times, pursuing a personal injury lawsuit against an employer will be more beneficial than a workers’ comp claim would be. Employers have strict safety guidelines that they need to follow, and if a lack of safety regulation or care was committed by your employer, a personal injury lawsuit could be very beneficial to your case.
• Third-party lawsuit: Even if your employer does offer workers’ comp, a third party could be responsible for your work injury, making it necessary to pursue a third-party lawsuit. Many construction sites and other worksites involve not just a single employer, but other contractors and subcontractors working together. These contractors are responsible for some of the employees and worksite safety responsibilities. If a contractor’s employee or equipment caused an injury to an employee of another company, that contractor should be held responsible for damages. Other third-party claim examples include, car accidents caused by someone else while driving for work, and slip and fall accidents that occur working on someone else’s property due to their negligence.

Pursuing a lawsuit against a construction company or well-known equipment manufacturer will be difficult on your own. Lufkin personal injury attorneys at Mike Love & Associates, LLC have strong compassion for victims of workplace injuries that cannot get coverage. Their years of case knowledge help find where negligence occurred by an employer or contractor that contributed to your injury. Even if you do receive workers comp, it may not be enough to cover the full scope of your injury and recovery process. Mike Love & Associates, LLC are dedicated to fight for the best coverage possible.

What Should I Know If My Employer Doesn’t Offer Workers Comp?

Many Texas employees work for non-subscribers, meaning that the employers they work for do not offer workers compensation. In Texas, offering workers comp is not required. However, this does not mean that you do not have options for getting compensation in the event of a serious work-related injury. You can get the financial help you need through a personal injury case. Sometimes injuries are caused because of contractor negligence or equipment made by a third party. This means that your employer was not at fault, but a third party may have been. Make sure you have information related to the circumstances of your injury documented to help your claim be the strongest it can be.How Did the Injury Occur?Were you injured because the equipment you were using had improper instructions? Did the accident happen because you weren’t properly trained by your employer? Was a contractor negligent in providing safety materials for your job? These are all important questions to find out who should be held liable for your injuries. If your injury is disabling, and prevents you from going back to work, you could qualify to receive help from Government programs such as Social Security Disability Insurance. (SSDI)Should You Pursue Multiple Claims? In certain circumstances, it may be necessary to make multiple claims. For example, let’s say Jon works at a gardening plant operating a forklift. Jon received no training to operate the forklift, and the forklift steering malfunctioned, and Jon lost control of the vehicle and flipped it. Jon seriously injured his leg. Jon could file a case against his employer for not training him and the forklift manufacturer for having a defective product.Often times, an injury is the result of multiple factors that can be the fault of different parties. Taking legal action against one party can be taxing enough, especially if you are doing it by yourself. Consulting a personal injury attorney with experience in complex work-related personal injury cases could save your finances from free fall, and save you from wasting time and energy filing your claim against the wrong party.The work injury attorneys at Mike Love & Associates, LLC can help victims of on the job accidents with a Texas nonsubscriber or third party claim.

How Do Injured Workers File Lawsuits in Texas?

Employers in Texas are not required to carry workers’ compensation. Some may use occupational accident insurance and others may not carry any type of coverage. For employers that use workers’ compensation, there are some important nuances to understand before discussing third party lawsuits in Texas.In the event you suffer an on-the-job injury and your employer uses workers’ compensation, you will most likely be unable to file a lawsuit. Injured employees use workers’ compensation to pay for medical bills and lost income. Workers’ compensation benefits do not allow for a pain and suffering damages.There are still scenarios where injured workers can file lawsuits, even if their employers are using workers’ compensation. These are called third party lawsuits. As the name implies, third parties may be responsible for on-the-job injuries. This can include the manufacturers of equipment used on job sites, contractors, subcontractors and other motorists. Third party lawsuits allow for pain and suffering damages, and can result in much larger awards.

An Example of an On-the-Job Injury Caused by a Third Party

James works for a Lufkin construction company that has been contracted to help build a new community center. Another company has been hired by James’ employer to install electrical wiring for the construction project (making this second company a subcontractor). One day on the job site, James walks in front of a loose wire that has been left out in the open. Thousands of volts surge through James’ body and he is badly burned.An air ambulance arrives and James is flown to the nearest hospital with a burn unit. When he wakes from his medically induced coma, doctors tell James that he has suffered third-degree burns over 30 percent of his body, and that the fingers on his left hand had to be amputated. An investigation reveals the subcontractor hired to do the wiring is responsible for the accident.

What Can Happen After Filing a Third Party Lawsuit?

James is not employed by the electrical subcontractor in our story, making it a third party. This third party’s negligence caused James’ injuries, and he may have a claim. If James files a lawsuit against the electrical company, he should still use workers’ compensation benefits. Workers’ compensation will help pay his medical bills and lost wages while the lawsuit against the subcontractor is underway.If James is successful in securing a judgment or reaching a settlement with the subcontractor, he would be required to pay back the insurance provider that provided him workers’ compensation benefits out of a portion of his award. This is a process known as subrogation. Depending on the size of the judgment or settlement agreement, the amount subrogated can be small in comparison.Workers harmed by the negligent actions of others should know what options are available to help aid in the recovery process. The Texas personal injury attorneys at Mike Love & Associates, LLC, can help injured workers and their families explore available options.

Has Your Employer Opted Out of Texas Workers’ Compensation?

Texas workers should know whether their employers are using workers’ compensation, occupational accident insurance, or nothing, as the differences can have significant impact on how you recover from workplace injuries and illnesses.Texas allows some private employers to ‘opt out’ of using workers’ compensation, which is used almost universally in other states. Some employers, especially those using independent contractors, prefer to use occupational accident insurance.Workers’ compensation is a state-regulated insurance program that pays medical bills, death benefits, funeral expenses and some lost wages for injured employees. In addition, workers’ compensation protects employers from injury lawsuits in many cases. Instead of settlements or judgments from personal injury cases, employees receive benefits from workers’ compensation. So let’s say Joe, a construction worker, is injured in a slip and fall accident on a job site. No third party was involved. This means Joe would likely be unable to sue his employer for damages. Instead, Joe would file a workers’ comp claim and possibly receive benefits to cover the cost of care and lost wages while he recovers.Occupational accident insurance is different, in that it is not state-regulated and only provides whatever benefits are covered by the policy. These policies cost less for the employers, but they do not provide the same level of coverage. However, it is easier to file lawsuits against negligent employers who are using occupational accident insurance instead of workers’ compensation. Because they do not have workers comp, the law penalizes them by limiting the defenses they can raise against the injured employee.Let’s say hypothetically, Joe’s employer used occupational accident insurance instead of workers’ comp. However, Joe’s employer was still negligent, and that means he could hire an attorney and possibly sue for damages. The same could be true if Joe’s employer had no insurance coverage.

Why You Should Know Your Employer’s Insurance Policy

If you have been injured in a work accident, it is crucial that you discover what type of insurance your employer carries. The type of insurance carried by your employers decides what types of benefits you get (if any at all). Keep in mind, Texas is an opt out state, and private employers are not required to carry any kind of insurance. If your employer has opted out of Texas workers’ compensation, it is crucial to know what, if any, coverage they are carrying.There are some cases where employees will be left without the funds they need to recover. At this point, calling an attorney is crucial. An attorney can discover what your employer carries and can help you decide on the best way to move forward.