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On-the-job injuries can be incredibly difficult to deal with. You might not feel like you have a choice in avoiding dangerous situations at work, especially if your job would be on the line for saying no. Yet, at the same time, it is incredibly dangerous and often negligent for employers to put their workers in dangerous situations or to refuse to give them the proper safety gear or training they need to stay safe.
If you or a loved one was hurt at work, the Fort Worth on-the-job injury lawyers at The Queenan Law Firm may be able to help. Our attorneys fight to get injured workers and their families the compensation they need to cover bills and lost wages while they are out of work, and to get compensation for pain and suffering and other damages that might not be available through workers’ compensation. For a free case consultation, call our lawyers today at (817) 476-1797.
Suing Your Employer for On-the-Job Injuries in Fort Worth
If you were hurt at work, you could be entitled to sue your employer for the injuries you faced. When you work for someone, they typically owe you a duty to provide you with the proper safety gear and training you need, and they may have to fulfill other legal duties. Many of these duties deal with things like OSHA compliance and other standard workplace safety practices, such as lifting with a buddy or not climbing a ladder without a spotter. If your employer made mistakes or errors that caused your injury, they could be liable in court.
When you file a lawsuit against your employer, you need to prove what duty they owed you and how they breached that duty. Your lawyer can help research case law and statutes that apply to place legal requirements on your boss’ actions, then use those rules to show what your employer did wrong and how their negligence caused your injuries.
You must also prove that the injuries were actually caused by this mistake. If your injuries would have occurred regardless of the issue, then your employer might not be responsible. For instance, your employer might be required to provide workers with hard hats and enforce their use, but that will not protect you from breaking your leg when you fall off a ladder. The type of injury must actually be related to the negligence in order for the court to compensate the victim.
Lastly, you must prove what damages you faced in order to get them compensated. This means providing proof of medical bills, lost wages, and other damages, which your lawyer can help you collect.
Suing a Third Party for On-the-Job Injuries in Fort Worth
If you were injured by someone else’s mistakes while working, then you could be entitled to sue that third party instead of your employer. Many people who work as drivers get injured not because of a problem with their employer or their safety gear but because of another driver’s negligence. Similarly, many other workers are injured because of defective safety gear, defective machinery at work, or other problems caused by other individuals.
If someone else caused your on-the-job injuries, our attorneys can help develop your case and file a lawsuit against them.
Lawsuits for Workplace Violence in Fort Worth
If you were injured by intentional acts of violence at work, our lawyers can help you seek justice. Violence from a manager or employer should never be tolerated, and Texas law allows you to get compensation from the individuals who injured you. You may also be entitled to additional damages paid by the company for this issue. Talk to a Fort Worth on-the-job injury lawyer for help.
Suing Instead of Using Workers’ Compensation in Fort Worth On-the-Job Injury Cases
Under Texas law, employers are permitted to reject workers’ compensation coverage. This allows them to avoid paying for workers’ comp., and instead leaves any injured workers to sue them. Many employers carry workers’ comp. insurance because it can reduce their payouts when injuries happen, and it can help injured workers get compensated for on-the-job injuries without the hassle of a lawsuit or the need to prove who was at fault.
Under Texas law, victims of on-the-job injuries can typically sue their employer if they were injured by their intentional acts of violence, and they can typically sue third parties who were responsible for their injuries, even if they have workers’ comp. coverage. Additionally, independent contractors are not covered by workers’ comp., and those individuals can always sue a negligent client for on-the-job injuries the client caused. However, other workers covered by workers’ comp. are not allowed to file lawsuits against their employer.
Fortunately, workers in Texas are allowed to opt out of workers’ comp. coverage if their employer carries it. This means that Fort Worth workers who choose not to be covered by workers’ comp. insurance when they start their job can sue their employer instead of taking workers’ comp. payouts. This can help protect access to pain and suffering damages and may let you use a doctor you choose to get medical treatment, but you have to prove fault in order to get damages paid. Talk to a lawyer about the best choice in your situation and whether you should opt out of workers’ comp. coverage protections in Fort Worth.
Call for a Free Legal Consultation with Our Fort Worth Attorneys for On-the-Job Injuries
If you or a loved one suffered an on-the-job injury, call The Queenan Law Firm today. Our Fort Worth on-the-job injury attorneys may be able to represent you and your family in a lawsuit against your employer or another party to help you get financial compensation. For a free case consultation, call us today at (817) 476-1797.