You get injured on the job, and you’re unsure of what to do from here. After you receive medical attention, seek legal help. Talk with a work injury lawyer in Houston, and they can advise you on your legal options.
Carrigan & Anderson, PLLC has recovered millions of dollars in compensation for our clients. Trust our Houston personal injury lawyer team to review your case. Depending on the situation, we can help you proceed with a claim or lawsuit against anyone responsible for your work injuries. To learn more, request a free case consultation.
Why You Shouldn’t Wait to File a Work Injury Claim in Houston
File a claim for a work injury if you want to potentially recover compensation for your lost wages, medical bills, and other losses. A work injury attorney in Houston can help you file your claim in accordance with Texas law. They can also negotiate the terms of an insurance settlement on your behalf.
Sometimes, a liable party’s insurance company will contest your claim or offer a lowball settlement. Thankfully, your attorney considers your losses carefully. As such, they can go back and forth with this insurer in the hopes of getting you a fair settlement. If an offer is made, you can review it with your lawyer, and your attorney can help you decide on it.
The team at Carrigan & Anderson, PLLC offers FAQs and other resources to individuals interested in filing work injury claims. We can guide you through the insurance claims process and help you make informed decisions at each stage. To get started, schedule a free consultation.
We have offices in Houston, Corpus Christi, and Victoria; and will travel to any corner of Texas if we are capable of preventing an injustice.
What You Need to Know About Workers’ Compensation in Texas
If you have been hurt on the job and want to report your injury to your employer, you should do so promptly. When you do, it’s possible that your employer offers workers’ compensation insurance, which can cover qualifying injury-related losses.
Workers’ comp is voluntary for many Texas employers. If your employer offers workers’ compensation, you generally have 30 days from the date you were injured at work to notify them about the harm you’ve suffered. Thus, if you wait too long to report your on-the-job injury, you can lose the right to secure workers’ comp benefits.
If your employer doesn’t offer workers’ comp and you get hurt on the job, you can request compensatory damages from them through a lawsuit. An attorney can help you understand Texas non-subscriber laws that apply to your case. If warranted, they can help you file your personal injury lawsuit and obtain economic and non-economic damages.
Houston Work Injury Lawyer Near Me 361-884-4433
How Much Time Do You Have to Sue for a Work Injury
Under Texas Civil Practice and Remedies Code Section 16.003, if you are injured at work and want to sue a liable party, you typically have two years to file your lawsuit, with certain exceptions. This statute of limitations can apply to work injuries caused by employers or third parties like product or equipment manufacturers.
In most cases, if your employer carries workers’ compensation insurance, you generally cannot sue the employer for a covered workplace injury. Yet, you may be able to pursue a personal injury claim against a negligent third party, such as a manufacturer or another driver. Different rules may apply in cases involving a fatal workplace injury.
Your attorney can give you insights into Texas workers’ compensation laws relative to personal injury lawsuits. If you are eligible to sue for work injuries, your lawyer can help you receive compensation for your tangible and intangible losses.
Representing the injured in all areas of Texas that extends back over 40 years
What a Workplace Injury Case is Worth
The compensation you get in your workplace injury case will depend on the severity of your injuries and other factors. Your personal injury attorney can help you pursue various types of compensatory damages, such as:
- Medical expenses
- Loss of income
- Diminished earning capacity
- Pain and suffering
- Loss of enjoyment of life
You may receive a settlement that encompasses these and other losses. However, if a settlement doesn’t cover your medical bills or you feel it’s unreasonable, your lawyer can continue to negotiate for you. If no agreement is reached, your attorney is ready to argue your case in court.
You need a skilled advocate to protect your legal rights and present your claim in such a way as to maximize your recovery.
Who Can Be Held Liable for Work Injuries
Expect your lawyer to investigate your work injuries to find out how they happened. As part of their investigation, your attorney can interview witnesses, review accident reports, and do other things to assess liability. They may discover that any of these parties is to blame for your on-the-job injuries:
- Employer
- Coworker
- Property owner
- Product manufacturer
- Equipment manufacturer
- Driver
Your lawyer can collect medical records, witness statements, and other forms of proof to use in your argument. With relevant evidence, your attorney is well-equipped to prove that you were harmed due to another party’s negligence.
How to Prove Negligence in a Work Injury Case
Before your case goes to trial, your lawyer can put together an argument centered on negligence. They want to show a judge or jury that a party breached their duty of care to you and that their actions correlate to your work injuries.
Your attorney can argue that a party violated their duty to you by failing to exercise reasonable care. They can describe how the party’s actions put you in danger and contributed to your on-the-job accident, injuries, and damages.
Based on Texas Civil Practice and Remedies Code Section 33.001, in a personal injury lawsuit, you are subject to modified comparative negligence. If you sue for work injuries and are 50% or less to blame, your damages can be reduced proportionately. Alternatively, if you’re 51% or more at fault, you cannot recover compensation for your injury-related losses.
Contact a Houston Work Injury Lawyer Today
Let a Houston work injury attorney from Carrigan & Anderson, PLLC serve as your legal representative and advocate.
We offer a no-win, no-fee guarantee. Because of this, you don’t have to pay us anything unless we get you compensation in your work injury case. Reach out to us today.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.