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The Odessa workplace injury lawyers at The Queenan Law Firm understand the struggles you and your family may face after a workplace injury. Our attorneys represent injury victims after on-the-job accidents to help them get the compensation they need to continue supporting themselves and their families.
Our attorneys fight to get compensation for our clients’ lost wages, medical expenses, and pain and suffering damages. Receiving the maximum compensation available under the law often requires filing a lawsuit to recover damages. To learn more about filing a case and what your case might be worth, contact our law offices today at (817) 476-1797 to set up a free legal consultation.
When Can I Sue for an On-the-Job Injury in Odessa, Texas?
Your ability to sue your employer for damages after an on-the-job injury depends heavily on whether or not you rejected workers’ compensation coverage. Employers in Texas are not required to carry workers’ compensation insurance, but many employers do. Workers’ comp. covers injuries in case of an accident, but to get your medical expenses covered, you usually need to use a doctor your employer chooses. Additionally, you typically only receive a portion of the wages you lose while recovering, and you will not be able to claim damages for pain and suffering.
To get full compensation, you may need to file a lawsuit against your employer instead. When you start a new job, you have 5 days to reject workers’ compensation coverage, which you must do to retain your right to sue. If you do not, you may be limited as to when you can sue. The law always allows you to sue for intentional injuries your employer causes you, but with workers’ comp., you may only be able to file a lawsuit against third parties. This includes negligent equipment manufacturers, co-workers, or others who cause you harm while you are working.
Common Causes of Workplace Injuries
To sue for injuries, you must have been injured by your employee’s negligence. This means that your employer must have done something wrong that violated a duty they owed you. If this breach of duty caused your injuries, you may be entitled to full compensation for the harms you face.
The cause of a workplace accident varies heavily from industry to industry, but the following are all some of the most common causes of on-the-job injuries in the country:
Transportation Accidents
People who drive for a living are often at the highest risk for on-the-job injury. Truck drivers, cab drivers, Uber and Lyft drivers, and other drivers put their lives on the line every time they are involved in an accident. While it is difficult to have a long career in the transportation industry without an accident, not every accident is severe – and not every accident is your employer’s fault. If your employer put you behind the wheel of a dangerous vehicle or failed to properly maintain the vehicle, the accident could be their fault. However, some accidents may be the other driver’s fault, which could allow you to sue them instead of your employer.
Falls
One of the other major causes of on-the-job injury is slip and fall or trip and fall accidents. People who have to climb to high heights using ladders, scaffolding, or safety lines are at risk for falling and suffering massive injuries. However, in many other industries you face the risk of falling by tripping over loose wiring, tripping on uneven surfaces, slipping on icy sidewalks, and slipping on wet floors. If you fall and hit your head, you could suffer serious traumatic brain injuries which could permanently affect your life. If you were not provided the proper safety gear or spotters, or if a dangerous condition at work caused your injuries, your employer could be at fault.
Lifting and Carrying Injuries
Injuries from improper lifting and carrying are some of the most common injuries to the workforce. Workers across Texas suffer collective thousands of back injuries each year, and bank injuries are one of the leading causes for missed work from injuries. If an employer does not provide you with the proper assistance, lifting equipment, hand carts, or machinery to handle a task, you could face serious injuries that your employer may be liable for.
Fires and Explosions
Fires and hot equipment are common in many industries, especially the restaurant industry. There are other industries in Odessa, including the oil industry, where fires and explosions are one of the most serious risks you face. If you suffer serious burn injuries because of a lack of safety equipment or faulty safety mechanisms, you might be able to take your employer to court for compensation.
Call Our Odessa Work Injury Attorneys Today for a Free Consultation
If you or a loved one was injured at work, talk to an attorney about your case. The Odessa workplace injury attorneys at The Queenan Law Firm represent injured workers and their families and fight to get them the compensation they need to keep their family going. For help with your case, call us today at (817) 476-1797.