Cinco Ranch Workplace Injury Attorney
Construction and energy production are routinely at or near the top of those “most dangerous jobs” lists which appear from time to time. These are also two of the largest industries in Houston. Falls are by far the leading accidents at busy construction sites. Other serious trauma injuries include struck by falling objects and caught between two large objects, like a wall and a dump truck. Similar injuries, along with chemical burns and toxic exposure, are common at energy production facilities.
In most states, workers’ compensation is the exclusive remedy for such workplace injuries. But in Texas, the diligent Cinco Ranch workplace injury attorneys at the West Law Office are often able to obtain additional compensation for victims. Simply by reviewing the facts of your case, we can determine the best legal course of action which leads to maximum compensation.
This phrase refers to job injury claims which involve workers’ compensation insurance. This coverage is optional in Texas.
Most employers are fully insured. Over the years, Texas lawmakers have reduced workers’ compensation insurance premiums, in the name of attracting more business to the state. As a result, there is less money in the system. So, which compensation is still available, it’s harder to obtain. This compensation usually includes:
- Lost Wage Replacement: Most victims receive two-thirds of their average weekly wage for the duration of a temporary disability. The AWW includes things like missed future overtime opportunities and bonus targets. Permanently disabled victims usually receive a lump sum payment. The amount depends on the nature and extent of the disability.
- Medical Bill Payment: Typically, the insurance company directly pays all hospital bills and other reasonable necessary medical expenses. If the insurance company drags its feet, a Cinco Ranch workplace injury attorney usually sends a letter of protection to the provider, so the medical care costs nothing upfront.
Workers’ compensation is no-fault insurance. Workers need not prove negligence or anything else to obtain these benefits. They must simply show that the trauma injury or occupational disease was at least mostly work related. Insurance companies cannot use pre-existing conditions to reduce or deny compensation.
The Lone Star State is one of the only jurisdictions that makes workers’ compensation insurance optional for most employers. Therefore, a substantial number of workers in Texas aren’t covered by workers’ compensation. These victims may pursue damage claims in civil court, and the law is on their side.
Uninsured employers cannot use some key defenses, like assumption of the risk and comparative fault. Therefore, it’s easier to prove negligence, or a lack of ordinary care.
Assume Ellen slips and falls on a wet spot at work. If her boss has a valid workers’ compensation policy, she’s entitled to the aforementioned benefits. If her boss does not have a policy, she may file a premises liability claim. These cases are often complex. But with some “silver bullet” defenses out of the way, these claims are easier to resolve.
The additional compensation in a civil claim usually includes money for noneconomic losses, such as pain and suffering, loss of enjoyment in life, emotional distress, and loss of consortium (companionship).
Reach Out to a Dedicated Fort Bend County Lawyer
Personal injury victims deserve fair compensation for their serious injuries. For a free consultation with an experienced Cinco Ranch personal injury attorney, contact The West Law Office. Home and hospital visits are available.