Workplace Injury Attorney San Antonio Texas
According to the 2015 Bureau of Labor Statistics, in Texas, there were approximately 256,100 reported nonfatal workplace injuries and 527 fatal workplace injuries. Workplace injuries are injuries that occur while a worker is performing job activities regardless of the type of job. In Texas, the most common workplace injury is a construction injury.
Who pays my damages if I am hurt on the job?
Most workers think their workplace injuries will be covered by workers’ compensation benefits, however, this may not be the case. Texas employers are not required to subscribe to the state-run workers’ compensation insurance. However, if the employer does subscribe to the state-run insurance, then the employer cannot be sued for an injury that occurs on the worksite. The injured worker can only recover the limited benefits available through the workers’ compensation insurance. Even though employers who subscribe to the state-run plan are immune from being sued, a worker injured on the job can sue the employer if the injury was caused by an intentional or grossly negligent act by the employer. If this is the case, the injured worker can file a personal injury claim against the employer as well as collect workers’ compensation benefits.
When Texas employers opt out of the state-run workers’ compensation insurance, they are considered “nonsubscribers.” An injured worker can file a personal injury claim against the employer. If the injured worker can prove that the employer was negligent in any way, the employer can be forced to pay high damage awards. A Texas employer can be held responsible for a workplace injury even if the injured party was 99% negligent and the employer was only 1% negligent because the non-subscribing employer is not allowed to use the common negligent defenses such as contributory negligence, assumption of the risk, pre-injury waiver of liability, or fellow servant doctrine.
In addition, an injured worker can sue any potential third parties who may be responsible for the workplace injury. Even if the employer subscribes to workers’ compensation, the injured worker can still claim the workers’ compensation benefits as well as file a lawsuit against the responsible third party. Types of third parties who may be responsible for the workplace injury are:
- a manufacturer of defective equipment (products liability).
- when multiple contractors are working on the same job site and one contractor negligently causes an injury to a contractor from a different company.
- automobile accident while traveling for work, if the accident was caused by the careless or negligent acts of the other driver.
Workplace injuries can range from a slight injury to a severe injury or even death. Some of the more common workplace injuries are:
- back injuries
- construction accidents
- dangerous tools (products liability)
- automobile accidents – while traveling for your job
- slip and fall injuries
- burn injuries such as chemical burns
- repetition motion injury (carpal tunnel syndrome)
- accidents due to the negligent hiring or negligent retention of employees
After a workplace injury, there are many challenges you may face. These injuries can interrupt your life by causing you to not be able to work which in turn causes you to not be able to provide for your family. Amanda L. James Law is here to help. My focus is on your recovery and what can be done to help you cope with the aftermath of the workplace injury. I will work diligently to get you the compensation and benefits you deserve.
It is critical that you act fast to exercise your right to recover damages if you have been injured in a workplace injury. You only have 30 days from the date of the injury to file a claim with your employer. Call me at 210-598-8286 or contact me online today for a free consultation to discuss your case. There are no fees unless I win your case.
I serve San Antonio and surrounding areas including Boerne, Kerrville, Fredericksburg, Canyon Lake, New Braunfels and the Texas Hill Country.