On The Job Injury

COMMON WORKPLACE ACCIDENTS IN TEXAS
Common workplace accidents include:
Falls, trips, or slips
Vehicle-related accidents
Machinery-related accidents
Falling objects
Explosions or fire
Electric shocks or electrocution
Exposure to hazardous materials
Overexertion
Repetitive stress

The injuries caused by these common workplace accidents can range from temporary, minor ailments to severe, long-term conditions.

WORKPLACE ACCIDENTS IN TEXAS

Workplace accidents involve unexpected incidents that result in an employee sustaining an injury or illness in the course of performing their job.

Compensation for workplace accidents is typically covered by state-mandated workers’ insurance. The availability of workers’ compensation and how it applies varies between different states and policies.

WORKPLACE ACCIDENTS IN TEXAS

Some scenarios often fall outside the scope of workers’ compensation. These include accidents that occur when an employee is:


  • Traveling to and from work
  • On a break outside of the workplace
  • Attending an offsite event (depending on the circumstances of the event)
  • Under the influence of drugs or alcohol at work
  • Joking around or play fighting at work
  • At a work social event



Whether workers’ compensation is available turns on the specific facts of a case, and there are always exceptions to the above exclusions. If you’ve been injured during the course of your work, you should speak to a workers’ compensation attorney in Texas to find out if you are eligible for workers’ compensation.

COMMON WORKPLACE INJURIES IN TEXAS

COMMON WORKPLACE INJURIES IN TEXAS

Examples of common workplace injuries include:

  • Sprains
  • Broken bones or fractures
  • Head, neck, and back injuries
  • Crushed limbs
  • Burns
  • Cuts
  • Carpal tunnel syndrome and other repetitive stress injuries

If you sustain any of these as a result of a workplace injury, you should consider seeking compensation via either workers’ compensation or a personal injury lawsuit.

OCCUPATIONS WITH THE MOST JOB-RELATED INJURIES AND ILLNESSES



The U.S. Bureau of Labor Statistics (BLS) keeps track of employer-related workplace injuries and illnesses. Below is a list of occupations that routinely have high rates of workplace injuries.

  • Nursing assistants
  • Heavy truck and tractor-trailer truck drivers
  • Laborers and freight, stock, and material movers
  • Light truck drivers
  • Construction laborers
  • Maintenance and repair workers
  • Stockers and order fillers
  • Janitors and cleaners
  • Registered nurses
  • Retail salespersons



In most instances, when you are injured while working in any of these occupations or any other, workers’ compensation offers protection, but sometimes, as mentioned, a personal injury lawsuit may be the better legal option in certain situations.

SHOULD YOU FILE A WORKERS' COMP CLAIM OR PERSONAL INJURY LAWSUIT IN TEXAS?

Workers’ compensation is a form of insurance taken out by an employer that compensates employees for injuries and illness within the course and scope of their employment. With workers’ compensation, it doesn’t matter who is at fault as long as the injury occurred as a result of a workplace accident (as defined by the specific policy).

By comparison, a plaintiff in a personal injury lawsuit must prove negligence on behalf of the defendant to succeed. While harder to establish, a personal injury lawsuit allows a plaintiff to seek full compensation.

SHOULD YOU FILE A WORKERS' COMP CLAIM OR PERSONAL INJURY LAWSUIT IN TEXAS?

The benefits available via workers’ compensation, on the other hand, are limited. Importantly, you can’t recover damages for pain and suffering via workers’ compensation.

WORKERS’ COMPENSATION CLAIM VS PERSONAL INJURY LAWSUIT


It is often clear when you should file a workers’ compensation claim versus a personal injury lawsuit, but other times, the circumstances are such that it is not so clear. Here’s an overview.

WHEN TO FILE A WORKERS’ COMPENSATION CLAIM


If an employer has workers’ compensation, employees generally don’t have the right to sue their employer. They can only make a claim via workers’ compensation.

WHEN TO FILE A PERSONAL INJURY LAWSUIT


There can be exceptions to this, such as where an employer’s intentional act caused an injury. If an employer isn’t subject to mandatory workers’ comp (or doesn’t have it but is required to have it), then you can file a personal injury lawsuit.

WHEN TO FILE BOTH CLAIMS


There are also situations where you may consider filing both a workers’ compensation claim and a personal injury lawsuit. This can happen when a person has a compensable work injury and is covered by workers’ compensation insurance. But the injury, though it happened at work, was caused by a third party (e.g., a contractor who is not employed by the injured party’s employer). The injured employee can sue the third party in a personal injury lawsuit. When this option is available, the injured party may be able to recover a fairer or more just compensation package.

WHAT COMPENSATION CAN I RECEIVE FOR A WORKPLACE INJURY IN TEXAS?

WHAT COMPENSATION CAN I RECEIVE FOR A WORKPLACE INJURY IN TEXAS?

The compensation available to you for a workplace injury depends on whether you file a workers’ compensation claim or a personal injury lawsuit. As you will see, what you can recover under a workers’ compensation claim is less than what you could receive under a personal injury claim, that’s why it is critical to know what is the best legal option in your specific situation.

WORKERS’ COMPENSATION


Workers’ compensation focuses on income protection and typically covers:

  • Lost income
  • Medical bills
  • Temporary and permanent disability benefits
  • Vocational rehabilitation



You can’t recover damages for pain and suffering through a workers’ compensation claim. So, you can recover the costs of your economic expenses but will not recover for the toll it takes on your quality of life.

PERSONAL INJURY LAWSUIT


Compensation available through a personal injury suit is usually higher, as it includes damages for pain and suffering, which can be substantial. Punitive damages may also be available to you in a personal injury case.

However, the circumstances of your case may prevent you from filing a personal injury lawsuit. On the other hand, when you are able to file a personal injury lawsuit, you need to prove negligence on the part of the defendant before damages will be ordered.

WHAT SHOULD YOU DO AFTER A WORKPLACE INJURY IN TEXAS?


  • Report the accident and/or injury or illness immediately to a supervisor – reporting it in writing is preferable so that you can start a paper trail.
  • If the injury or illness requires it, you should seek medical attention immediately – even when the injury is minor, seeking medical care is important because it continues the documentation process of the accident that you may need when you file a claim to recover compensation.
  • Follow any doctor’s orders or medical care plan – if you do not, then this creates vulnerabilities and may result in a denial of a claim.
  • Keep any evidence you may have, like names of eye witnesses, statements, pictures, video, etc. – in fact, if the circumstances allow it, take your own pictures of the scene of the accident, the injuries you sustained, and any other details that may be important.
  • Contact legal counsel as soon as possible – you may not think you need a personal injury or workers’ comp attorney, but it never hurts to speak to one, especially when there are statutes of limitations limiting the time you have to file a claim.

CONTACT A WORKPLACE INJURY ATTORNEY IN TEXAS TODAY

To make sure you and your loved ones receive the best outcome after any workplace accident situation, make sure you pursue the most appropriate legal option. At The Law Office of Orlando Zambrano, our workplace injury attorney will help you identify all legal options and advise you accordingly. Contact us today either by filling out the online form or calling us at 832-422-9399 to schedule a FREE CONSULTATION.

CONTACT A WORKPLACE INJURY ATTORNEY IN TEXAS TODAY
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The Law Office of Orlando Zambrano is committed to answering your questions about Car Crashes, 18-Wheeler Crashes, Slip and Falls, On The Job Injuries, Medical Malpractice and Dog Bites in Texas.

3272 Broadway St. Suite. 122, Pearland, TX