You Were Hurt On The Job, What Are Your Options?
If you or a loved one was injured on the job, you need to seek medical attention right away. If your employer provides workers compensation, then you can go through the workers compensation system to receive your medical care and benefits. This is what your employer pays for and you are covered under. If you have an issue with the workers compensation, then you may need a workers compensation attorney to help you through that process. For example, if the company is disputing that the injury occurred on the job or that you are disabled, you may need an attorney to help you get what you have a right to.
Your Employer Did Not Have Workers Compensation - Now What?
If you or a loved one was injured on the job and your employer did not carry workers compensation, you have important legal rights you need to know about. These are called "non-subscriber" cases, which means that your employer elected not to have workers compensation. If the employer does not have workers compensation, then the employee is allowed to pursue a claim against their employer.
What If The Employer Is Not The Only Party At Fault?
In many cases, you may have been on the job, but the reason you were hurt is not necessarily your employers fault. It was an employee from another company. What happens then?
This is where a 3rd party claim comes in. A 3rd party claim means that you are making a claim against the employer of an employee that does not work for your company. We would need to show that the other employee and their company violated workplace safety rules and caused the injury you or your loved one now has to live the rest of their life with.
In some instances, you may have been injured because of numerous parties violation of the workplace safety rules. In these hybrid situations, there will be different claims for different parties depending on their obligations to you under the law.
In the end, you want to make sure that any company or person that could have prevented what happened to you or your loved one is held accountable.
Why Does Workers Compensation Preclude Me From A Normal Claim?
Workers compensation gives an employer freedom from being sued by their employee injured on the job. The workers compensation process is administratively handled and tracks a different process that the process a normal claim, such as a car wreck. This bar precluding an employer from being sued is an incentive to employers to have workers compensation. Until the law in Texas changes, if your employer has workers compensation, a direct claim against your employer will not work, except in unique circumstances.
If you have a question about whether workers compensation applies in your case or what your other options are, just reach out to us. We can help answer all your questions and let you know the full extent of the options available to you for your life-changing injury.
What Are The First Steps After A Workplace Injury?
If you or a loved one has been injured on the job, you need to follow a few steps:
- Seek medical attention: Even if your employer does not have workers compensation or offer to send you to a doctor, please make sure you find one to go to. If you need help with this or understanding why your employer is not helping with this, please just give us a call. We will help you.
- Report The Injury To Your Company: Most times, your employer will already know and reach out to you. However, if they do not, then you must go report the injury to your employer. This allows there to be notice and an opportunity by the employer to do the right thing. If there is a dangerous piece of equipment that needs to be fixed or another company that needs to be made aware of a dangerous employee, then your employer should do this. It also allows documentation of the injury and cause of the injury.
- Ask Questions: If you don't know what to do or have never been down this path before, you are not the first person. You are not alone. Whether it is reaching out to us, requesting all our free information, or researching as much as you can, I encourage you to do it. Then, once you have exhausted your research and options, let us know. We can help you understand what your rights are and whether you even need a lawyer to resolve your claim.
Was The Equipment Defective Or Did It Fail?
If the equipment you were using or was being used around you failed, you may have a claim against the people that installed it or the manufacturer themselves. The reason is equipment on the job is not always properly installed or maintained. This can cause or create dangerous situations for the employees using it.
Normally, you can handle some of the steps yourself, but this is one where you will want a lawyer that understands product liability cases against workplace equipment manufacturers or maintenance companies. First, we send a letter that puts the companies on notice to preserve all evidence they have. It prevents them from destroying the equipment as well. It is difficult to have a product liability claim without the equipment itself.
Reach Out To Us To Learn More
Any work place injury or death deserves a thorough investigation of all your rights and options. We want to provide you with the information to make the best decision for your case, your career, and your family. Read all our free information and give us a call with any questions you have. We are here for you.