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Dealing with a work-related injury can be devastating. Things can be even more difficult if you are the sole provider in your household and are now forced to miss time at work. However, not everything is lost. There are ways to obtain compensation following an occupational injury that can help replace your lost wages, cover your medical bills, and potentially pay for your pain and suffering.
It is important to note that many injured employees can only file Workers’ Compensation claims, regardless of an employer’s negligence. That said, Texas lets employers and employees opt out of the Workers’ Compensation system, so our lawyers can confirm whether or not you are covered before proceeding with your case. Occupational accidents and injuries might happen because of poor training, insufficient safety equipment, acts of negligence, or genuine mistakes. If we determine a third party was negligent when investigating the incident and its cause, we can file a lawsuit against them on your behalf. This would open the door to certain damages not covered by Workers’ Compensation, like victims’ emotional distress.
For a free case assessment from The Queenan Law Firm, call our on-the-job- work injury lawyers today at (817) 476-1797.
Common Causes of on-the-Job Injuries in Arlington, TX
Workplace accidents and injuries can happen for many different reasons. Almost every worker is at risk of suffering an accident on the job, whether they work in an office setting or on a construction site in Arlington. That said, some employees in certain positions or certain industries are at a higher risk of sustaining severe injuries due to the nature of their work. For instance, construction workers often work around power tools, heavy machinery, debris, and other materials and objects. Many times, accidents at a construction site can lead to severe, life-threatening injuries. This does not mean people working in less dangerous environments cannot sustain severe injuries, like during slip and falls.
Slip and Falls
Slip and falls are among the leading causes of on-the-job injuries in various workplace environments in Arlington. While many may think slip and fall accidents are not as severe as other types of accidents, such as car accidents and truck accidents, they can lead to debilitating, painful, and life-threatening injuries. Falls from any height could be devastating, even if victims only trip over hazards from their standing height. Hitting the floor hard could cause traumatic brain injuries or spinal cord damage, both of which could be permanent, preventing victims from ever returning to work at a meaningful earning capacity.
Failing to provide safety training for workers climbing ladders or failing to provide proper lines, ladders, and helmets could make an employer liable for injuries from falling. Broken handrails and catwalks at work could also be an unnecessary risk for which your employer could be liable. Documenting these unsafe conditions is important, so do your best to take pictures after an accident and inform our on-the-job- work injury lawyers about anyone who witnessed the incident take place. We can quickly schedule interviews with these individuals to preserve their statements and use them as evidence in your case.
Being Caught Between Heavy Objects
Another common cause of workplace accidents is getting caught between heavy objects, such as large machinery. This kind of accident is common in industries such as construction, warehousing, and assembly lines. For instance, a worker could get caught in between a forklift and the wall, or an assembly line worker can get their hands or legs clenched by mechanical equipment, resulting in severe crushing injuries. These types of injuries often take months or years to recover from fully and might involve multiple surgeries to rest bones, casts, and extensive physical therapy.
Overexertion
Overexertion injuries are common across the whole labor spectrum. These painful, disabling injuries result from lifting, pulling, and carrying heavy objects. Repetitive stress injuries are also related to overexertion. Several leading causes of overexertion injuries are improper lifting, manual lifting of heavy objects, or continuously carrying heavy objects for extended periods. Similarly, repetitive stress injuries happen as a result of the constant use of parts of the body. The most common example of a repetitive stress injury is carpal tunnel syndrome, which is caused by continuous, small motions, such as typing and clicking at work.
Workplace Violence
Many people face injuries because of intentional acts of violence in the workplace, such as assault by a coworker or supervisor or even assault by a customer or client. Many instances of workplace violence occur in hospitals. In fact, one of the most common reasons that hospital workers are injured is because of violent or dangerous patients who assault them. Nonetheless, your employer’s insurance should cover injuries from violence, even if your employer was not the one who directly assaulted you. If your employer opts out of Workers’ Compensation, they could be liable for assault injuries due to negligent security. These injuries are also common for servers, bartenders, and bouncers at bars and restaurants and for drivers at taxi and rideshare companies like Uber and Lyft.
As with workplace violence, workplace sexual assault is often a serious problem in some industries and workplaces. If you were touched inappropriately by a coworker or supervisor, or if you were the victim of rape or other sexual crimes in the workplace, our attorneys may be able to help. We can hold employers and individuals responsible for these kinds of attacks.
Falling Objects
Workplace injuries, especially on construction sites, could happen when falling objects strike victims. Fellow employees could drop or throw materials down from scaffolding or other structures, striking other workers in the process. Being hit by falling objects could cause fatal or near-fatal head injuries that require urgent medical attention from emergency room doctors and specialists like neurologists. Victims might have to be rushed into emergency surgery to address brain bleeds or other injuries. They might also have to undergo extensive diagnostic testing to determine the severity of their injuries.
Auto Accidents and Transportation Injuries
Transportation workers, such as truck drivers, are at some of the highest risk of sustaining on-the-job injuries. If you work as a truck driver, your “workplace” is your vehicle. So, if you get injured in a car accident while making a delivery, you could file a Workers’ Compensation claim, regardless of your employer’s liability. Victims of work-related auto accidents might also include bus drivers, public transit workers, taxi drivers, Uber and Lyft drivers, and delivery drivers. You could also be injured in an auto accident while traveling to or from a job site or riding on a truck or golf cart between locations on a large job site. If such an accident happens because of defective machinery or another worker’s negligence, your employer may be liable, provided you are not covered under the Workers’ Compensation system.
Exposure to Toxic Chemicals or Substances
Depending on your industry, you could also be at risk for dangerous chemical exposure, explosions and fires, exposure to silica or asbestos, and other industrial accident risks. Injuries and illnesses that develop from this exposure should be avoided by proper safety training and equipment, and failure to provide that could lead to chemical burns, disfigurement, respiratory issues, cancers, and other injuries or conditions.
Can You Always Sue for on-the-Job Injuries in Arlington, TX?
In many states, Workers’ Compensation rules prevent victims of on-the-job injuries from suing their employers directly. Texas has some exceptions to these rules that help victims of workplace and industrial accidents sue for the compensation they need. Namely, both employers and employees can opt out of the Workers’ Compensation system, protecting the worker’s right to sue.
Suing if You Opt Out of Workers’ Comp Coverage
If your employer does not carry Workers’ Compensation coverage, you are usually entitled to sue for on-the-job injuries instead of filing a Workers’ Compensation claim after an accident. Similarly, when you start a job as a new employee, you can opt out of Workers’ Compensation coverage, which would allow you to sue later if you get injured because of negligence, according to Tex. Civ. Prac. & Rem. Code § 406.404(b).
Suing for injuries at work can open access to additional damages. Most Workers’ Compensation benefits pay about a portion of workers’ lost wages instead of the full value. Carriers may require you to use an approved doctor for medical care and will not pay for pain and suffering damages. If you sue instead, you can often claim damages for your full lost wages, plus damages to cover pain and suffering – which can be substantial after a serious work injury.
The trade-off with an on-the-job injury lawsuit is that you need to prove that the defendant was at fault to get compensation, whereas Workers’ Compensation claims are paid regardless of who was at fault. In cases where your employer might have done something wrong that led to your injuries, proving fault is often possible. However, if your accident happened by pure chance, there is usually no one to sue because no one was at fault.
Suing if Workers’ Comp Covers You
You can also sue for injuries at work if you are covered by Workers’ Compensation under exceptions for injuries caused by third parties outside your job or intentional injuries at work. This helps you sue violent managers or outside parties like equipment manufacturers and drivers who hit you while on the job.
When you file a lawsuit, you must prove that the at-fault party is legally responsible for your injuries. Many employers try to dodge liability by blaming a coworker or a third party for the injuries. In these cases, you may still be able to sue that coworker or a responsible third party, which could be the best way to pursue compensation. For instance, suppose a negligent passenger car driver hits a commercial truck driver while making a delivery. In that case, the injured trucker could file a lawsuit against that at-fault driver, potentially collecting full damages for lost wages and pain and suffering, which would not be available from Workers’ Compensation.
Financial Compensation for on-the-Job Injuries in Arlington
After sustaining on-the-job injuries, your top concern may be getting compensation for your various expenses, starting with your medical bills. Workers’ Compensation claims and third-party work injury lawsuits can cover all hospital expenses from a workplace injury. However, Workers’ Compensation claims will only cover part of your lost wages, depending on the type of benefits you receive.
Compensation for Hospital Expenses
Injured workers can claim compensation for any bills they face related to an injury, including emergency hospital treatment, follow-up appointments with their doctors, physical rehabilitation, and even mental health counseling for PTSD symptoms and depression after an accident. Workers’ Compensation covers all reasonable and necessary medical expenses, and our lawyers can help you track the cost of all treatment from your first to the hospital onward.
Compensation for Missed Income
Lost wages from Workers’ Compensation only cover a portion of your wages over a set period of time. These damages could be higher in a lawsuit. For example, if you get temporary income benefits, you would get 70% of the difference between your average weekly wage (AWW) and earning capacity after a workplace accident ending once you reach the end of the 104-week term, a doctor confirms you have reached maximum medical improvement, or when you can earn your previous AWW again.
If your occupational injury affects your body and physical ability as a whole, you could get impairment income benefits, which would be 70% of your AWW. Impairment ratings from health care providers affect how long some claimants keep their lost-wage benefits and the amount those benefits will be. Supplemental and lifetime income benefits are also available, depending on the severity of a worker’s injuries. However, neither fully compensates victims for all missed wages from an on-the-job accident, which is why our lawyers will confirm if an another party is liable.
Victims must file third-party injury lawsuits to get full compensation for all missed income. Civil lawsuits do not limit recoverable economic damages for victims, and our lawyers can determine if someone other than your employer was negligent early on in your case.
Compensation for Intangible Damages
Damages for pain and suffering can help pay for the non-economic effects of an injury. You cannot put a price tag on physical pain or mental anguish after a lawsuit, but you can still seek compensation for it. Worse injuries often yield higher pain and suffering damages, and compensation for reduced enjoyment of life and other intangible damages can also be claimed.
In addition to economic damages, victims could get punitive damages if they file lawsuits. These are additional damages that juries might order at-fault parties to pay for especially dangerous negligence or repeat acts of violence, negligence, or abuse. These damages are rare, but they could sometimes net you additional compensation.
Neither non-economic nor punitive damages are available in Workers’ Compensation cases and are typically only recoverable via third-party occupational injury lawsuits in Texas if employees are covered.
Talk to our on-the-job- work injury lawyers about what your case is worth before filing, and never rely on the values that your employer, their insurance carrier, or another party gives you. These groups do not represent you and your best interests, but your lawyer is legally obligated to fight for your best interests and advocate for you.
Call Our Work Injury Attorneys for Help with Your Case in Arlington
To schedule a free case review from The Queenan Law Firm, call our on-the-job- work injury lawyers now at (817) 476-1797.