The short answer is, yes. If you’re hurt on the job in Dallas, Texas because of unsafe working conditions, you may have a right to sue your employer.
Our Dallas injury attorney explains what responsibility your employer has to maintain safe working conditions, and what to do if you find yourself hurt on the job because of their negligence.
What Safety Precautions Does My Employer Have To Take?
Employers are required by federal law to provide employees with a reasonably safe place to work. They have a responsibility to protect employees from reasonable harm. This means maintaining a workplace free of known health and safety hazards. Employers must create a safe environment and give employees the materials to do their work safely.
According to OSHA, employees have a right to:
● Receive workplace safety and health training in a language they understand
● Work on machines that are safe
● Receive required safety equipment, like gloves or a harness and lifeline
● Not be exposed to toxic chemicals
● Request an OSHA inspection, and speak to the inspector
● Report an injury or illness, and get copies of your medical records
● Review records of work-related injuries and illnesses
● See results of tests taken to find workplace hazards
● Speak up about safety concerns without fear of retaliation from their employer
It is illegal for an employer to fire, demote, keep wages from, or otherwise retaliate against an employee for reporting unsafe working conditions. If your employer retaliates, you can file a whistleblower complaint. You also have the right to file a workers’ compensation retaliation claim if your employer fires, demotes, or otherwise retaliates against you for filing a workers’ compensation claim when you’re hurt on the job.
When Can I Sue My Employer in Dallas, Texas?
When employers fail to maintain safe working environments, serious injuries can happen. You may have reason to sue your employer if unsafe working conditions led you to have serious injuries that:
● Required a hospital visit and/or surgery
● Meant you were unable to work
● Affect your everyday life
Failing to provide workers’ comp insurance may also be a reason to file a lawsuit against your employer.
What If My Dallas Employer Doesn’t Have Workers’ Comp?
If your employer doesn’t have workers’ comp, you may have reason to sue them. Sadly, there are employers in Texas that fail to protect their employees and do not subscribe to workers’ compensation insurance. Employers that do not carry workers’ compensation insurance are leaving their employees to look out for themselves. They’ve chosen to put profit over safety.
At these workplaces, the employers are subject to individual lawsuits by employees that are injured on the job. These are called "Non-Subscriber" cases. In these cases, an employee must prove that an employer could have prevented the injury. If that requirement is met, then the employer is responsible for medical bills, lost wages, and changes in the employee’s quality of life.
How do I Sue my Employer for Unsafe Working Conditions?
If you’re hurt on the job because of unsafe working conditions, it’s important to talk to an attorney with experience in these types of cases. Many workplace injury cases require in-depth investigation to prove that the employer could have prevented the injury. In some cases, others may also be responsible for your on-the-job injury.
Our Texas workplace injury attorneys have experience in this complex area of law. We have the resources needed to investigate workplace injuries. We’ll find out who is responsible for your injuries so we can hold them responsible. We’re here to hold unsafe workplaces accountable so no other Texas worker gets hurt.
If you or your family member were injured on the job because of unsafe working conditions, contact our firm. We handle workplace injury cases in Dallas, Houston, Midland/Odessa, and across Texas. We are here to give you all your options so you can make the best choice for yourself and your family.