Houston is home to thousands of employers and millions of workers in industries such as oil and gas, construction, commerce, and more. Accidents can happen in every location, and injured workers deserve experienced legal guidance to secure the necessary benefits and compensation. The Houston workplace accident lawyers at The Gibson Law Firm understand how to interpret the law to your advantage when your employer resists paying your claim.
With a strong background in understanding Texas statutes surrounding work injury cases, our law firm offers compassionate, skilled, and tenacious representation against insurance providers who try to limit or deny your benefits after a worker injury. Starting with a free initial consultation, you can ask questions and learn about your legal options from a skilled work injury attorney when you contact us today.
Workplace Injury Defined
The Texas Labor Code Chapter 5 defines a compensable workplace injury as one “that arises out of and in the course and scope of employment.” This can include a work-related injury that occurs while you are traveling if the terms of your employment or your duties require you to drive, fly, or use other means to do your job. If you are hurt while performing the duties of your job, you likely have the right to seek compensation from your employer’s workplace insurance and may be eligible to file a personal injury lawsuit in certain circumstances.
Texas employers must adhere to standards established by the Occupational Safety and Health Administration (OSHA) to provide a safe and healthy environment for workers. There are various standards for different industries, although many apply regardless of whether you are hurt in an office or on a construction site. When Houston companies fail to follow these rules, they can be subject to fines, and injured workers have the right to file for benefits.
Many employers purchase insurance policies that cover worker injuries, although Texas law does not force all private companies to carry this insurance. When they do, you can file for your benefits, but receiving them is not always easy as the insurer will often question the details of your injury. Without help from a Houston worker injury lawyer, it can be difficult to manage your case while trying to heal from your injuries.
Workplace Injuries Affect Your Entire Life
Once you are hurt, you must seek medical attention right away and report your injury. You may be in pain, disoriented, or worried about whether you can keep working. Once you begin medical care, you can file your claim for insurance benefits, but you must first decipher that process while recovering from serious injuries.
You may struggle to pay your regular expenses when you are suddenly faced with unexpected medical bills. The longer you have to wait for a settlement from your employer, the more stress and worry you face, potentially affecting your recovery. Instead of adding to your concerns, you can partner with a skilled attorney from The Gibson Law Firm to manage your case on your behalf.
In the most tragic instances, families lose a loved one due to a workplace accident. These survivors can put their trust in the hands of a personal injury attorney who will help them file a wrongful death claim or survival action. Under Texas Civil Practice and Remedies Code Chapter 71, they can hold the employer accountable for the loss and demand payment for the deceased’s medical expenses, lost wages, funeral costs, and their own emotional distress.
Common Workplace Injuries
In reporting from 2022 (the most recent data), the U.S. Bureau of Labor Statistics lists Texas as the state with the highest number of workplace deaths every year. Thousands more are harmed, leaving them with high medical bills and often permanent injuries. Each of these injured employees deserves knowledgeable legal representation to ensure they receive the compensation they need to recover.
The most common kinds of job injury our Houston workplace accident attorneys see include:
Overexertion and exhaustion
The National Security Council lists overexertion as the leading cause of workplace injuries. In our Texas heat, those working in construction, oil and gas, and landscaping are at high risk of fatigue, dehydration, and heat stroke. Those who work inside offices or warehouses may also suffer harm if the HVAC system malfunctions or cooling fan systems fail.
Even cold weather can put workers in danger, as ice and low temperatures contribute to slip-and-fall situations, especially in construction accidents.
Slips, Trips, and Falls
Slipping or tripping can send workers falling to the floor or from a great height, such as from scaffolding or rigging. The Texas Department of Insurance found that nearly nine million people go to emergency rooms each year from fall accidents due to causes such as:
- Faulty flooring, such as worn or torn carpeting, unsecured rugs, broken tile, or cracked concrete
- Slippery surfaces covered with ice, wet leaves, or liquids
- Debris left in walkways or aisles
- Insufficient lighting along hallways
- Broken stair railings or uneven steps
- Malfunctioning escalators
- Falling equipment or objects that knock a worker to the ground
Victims of these workplace accidents can suffer back injuries, traumatic brain injuries, broken bones, and disfigurement. They may need lengthy treatment to recover, and some may never regain their former cognitive or physical abilities.
Equipment Contact Accidents
Construction sites are common areas for commercial vehicle accidents and equipment contact injuries. Employees can be hit by cranes, loaders, dump trucks, lifts, and large power tools. Untrained or negligent co-workers assigned to these duties can hurt you by dropping cargo, running into you, or causing electrocution.
You could be struck by a machine, pushed into a trench and buried, or knocked off your scaffolding. In all instances, you could suffer traumatic brain, burn, or spinal cord injuries, among others.
Commercial Vehicle Accidents
If you work as a courier or operate a commercial vehicle, you could be at risk of injury from car accidents and truck accidents. Even if you are an experienced driver, if your company fails to train you properly to handle the truck, bus, or other large vehicle you are assigned to drive, you may have a valid claim if you are injured in a crash.
How a Personal Injury Attorney Can Help Injured Workers
Insurance company policies may not always cover the claims you have. It is important to have an advocate by your side who knows that you need more than your medical bills paid, you need compensation for lost pay, future benefits, and other injury-related expenses. Filing a personal injury claim may appear easy, but it can become complicated and frustrating if the insurer is reluctant to pay what you are owed or insists on stopping benefits before you are ready to return to work.
A personal injury attorney can help you with the filing process by explaining how your employer’s insurance policy works, collecting the necessary documentation, and speaking with the insurance adjusters on your behalf. You can put your time and energy into recovering from your injuries while a workplace injury attorney from The Gibson Law Firm handles all aspects of the claim. We keep you updated on the progress so you know what to expect every step of the way.
In Texas, if your company provides this insurance, you must use it to seek compensation and are not eligible to sue your employer if you are injured. However, it is important to know that while many employers choose to carry this coverage, many others are non-subscribers. In those instances and others, you may have the right to file a third-party lawsuit.
Filing a Third-Party Lawsuit
When your Houston employer does not carry insurance for your workplace accident injuries, you may be able to file a third-party claim if you have evidence showing negligence. Gathering this information can be complicated, so your first action should be arranging a free case review with a workplace accident attorney at a reputable injury law firm. They can work to secure payment similar to the insurance benefits you might have been eligible to receive if the company provided insurance.
Another circumstance where you could consider a third-party lawsuit is when someone other than your employer is at fault for your injuries. For example, if a vendor, visitor, contractor, or other individual or entity is responsible for the conditions that caused your accident, you can file a lawsuit against them. In some instances, you can do this as a separate legal action while also receiving insurance benefits from your employer-provided coverage.
A key consideration is whether you played any part in your accident, as Texas Civil Practice and Remedies Code 33.013 precludes plaintiffs from seeking compensation if they are more than 50% to blame. If you are assigned part of the fault, your final settlement or jury award is reduced by that same amount. So, if you are 20% responsible, your payout is reduced by 20%.
The Gibson Law Firm Will Fight for Every Penny You Deserve
At The Gibson Law Firm, our workplace accident lawyers have a deep background in personal injury law, especially how it impacts on-the-job injury claims. Our skills in establishing third-party liability allow us to push back against a defendant’s arguments that you contributed to your injuries. We work to reduce any appearance of fault on your part and use powerful evidence to show negligence by the other side.
We gather, analyze, and prepare documentation such as:
- Maintenance records
- Safety protocols and checks
- Training logs
- Worksite history records
- Witness statements
- Expert testimony
- Records and receipts for your medical treatment
- Pay stubs showing your lost income
- Photos and videos of the accident scene and occurrence
When we can put together a compelling story of what happened and who is to blame, we can negotiate a satisfactory settlement quickly and more forcefully. We calculate the full value of your personal injury claim so you receive payment for your medical expenses, lost wages, plus pain and suffering. Whether fighting against an insurance company, individual, or corporate entity, we establish third-party liability by showing how their actions led to your injuries and financial damages.
Demonstrating Negligence in Your Third-Party Lawsuit
During a third-party lawsuit, you and your work injury lawyer bear the burden of proof against the other side. For example, suppose you were hurt returning to your car at night because the security company did not maintain the fences surrounding the parking lot, and a criminal assaulted you. During the incident, they broke your arm by throwing you to the ground and then stole your vehicle.
To show negligence, you must present a preponderance of the evidence showing the following elements:
- The security company owed you a duty of care to ensure the fencing was unbroken and their employees were on duty.
- The company failed in its duty, leading to your harm.
- You experienced personal injury and property losses.
- You have expenses related to those damages that must be compensated.
In some instances, a worker may pass away from their accident, leaving their families without income and emotional support. When this happens, our personal injury lawyers are prepared to help these survivors file a wrongful death claim to recover all losses, including medical costs and burial expenses.
Our Team Helps You Calculate the Full Value of Your Third-Party Claim
While you may be limited in what you can receive from employer-provided insurance benefits, there are fewer restrictions on damages you can claim in a third-party lawsuit. Insurance frequently does not offer financial acknowledgment of the physical pain you suffer after a workplace accident. When you take third-party legal action, you have the right to pursue both objective and subjective losses.
In a Houston injury lawsuit, Texas law allows you to receive three kinds of damages: economic, non-economic, and punitive (sometimes called exemplary). Economic damages are those you might think of first since they include your lost income and medical expenses. However, you may not realize you are eligible to secure payment for losses such as:
- Travel costs for treatment
- Prescription medications
- Mobility or sensory aids, like crutches, wheelchairs, or hearing aids
- Damage to any personal property, such as your cell phone, clothing, or computer
- Repair or replacement costs if you were injured in your own vehicle in a car accident while working
Non-economic damages are less easily valued since they constitute the emotional and physical impact of your injuries. Fortunately, our work injury lawyers are highly skilled in helping you identify these kinds of damages that you might overlook. They may include:
- Any permanent disability
- Emotional distress and mental anguish, such as from the loss of a limb
- Lost ability to enjoy your hobbies or family
- Lost time or ability to comfort and guide your children
- Physical pain, especially if it remains chronic after you return to work
- Isolation and embarrassment, such as from disfigurement or scarring
Finally, if the circumstances of your injury were especially egregious, the court may elect to award exemplary damages to harshly punish the defendant with a financial penalty. These are commonly given when the other party’s actions were grossly negligent, intentional, or fraudulent. Your attorney can petition the court to award exemplary damages, but they must demonstrate with clear and convincing evidence that the defendant meets the standard.
Texas Allows Only Two Years to File a Personal Injury Claim
Under its Civil Practice and Remedies Code, Chapter 16, Texas gives injury victims just two short years to file a personal injury lawsuit. Filing an insurance claim is often your first step, and during the settlement negotiations, your workplace injury attorney may advise you to initiate your lawsuit at the same time. This allows them to move immediately to trial if the negotiations do not yield a satisfactory offer.
If you wait too long to hire a work injury lawyer, you could be left with too little time for them to prepare a robust case on your behalf. If the filing deadline passes, you will lose your right to seek compensation in the Texas court system. While there are some exceptions that could affect the statute of limitations, contacting a workplace accident lawyer soon after you are hurt strengthens your chance of securing the payment you need.
Contact the Work Injury Lawyers at The Gibson Law Firm for a Free Consultation
Being hurt and unable to do your job can be frustrating and stressful, especially if you must deal with unyielding employee insurance adjusters who resist paying your claim. Instead of putting up with that worry on top of trying to heal, put your case in the hands of the Houston work accident lawyers at The Gibson Law Firm. Our track record demonstrates our dedication to workers in the state of Texas.
We focus on handling work injury claims with the goal of securing fair compensation for the expenses you have, as well as for your pain and suffering. Starting with a free case evaluation, you can get the help you need from a workplace injury lawyer who cares about you. Do not wait another minute to use our contact form to schedule a meeting with The Gibson Law Firm today.