Houston Workplace Injury Attorney
On the job accidents are mishaps that result in injury at the workplace. Most of these accidents are covered by Texas worker’s compensation laws, but it is important to consult with Houston workplace injury attorney, Sue E. West, to find out how you can receive full coverage for your injury. Workplace accidents must occur on or at the worksite, and be the result of an individual trying to perform a task related to his or her job description.
There Are Three Types of Job Injuries:
- Specific event: This injury only occurs once. An example of a specific event injury would be when a construction worker falls off a ladder.
- Cumulative injury: This type of injury occurs because the nature of the job requires repetition in movement or work. an individual who types a lot may develop carpal tunnel syndrome. Repetitive stress injuries are common examples.
- “Occupational Disease”: This type of injury is generally the most harmful. An occupational disease injury can occur when an individual develops lung cancer because of exposure to asbestos. Toxic exposure cases are usually occupational disease cases.
What is NOT an on the Job Injury?
Every state’s workers’ compensation law covers a variety of injuries, but some forms of injury generally do not qualify for compensation. Examples of these forms include:
- Injuries occurring off-site when the employee isn’t working
- Injury conflicting with company policies
- Self-inflicted injury
- Injury caused by excessive drug or alcohol use
- Injury caused by an act of crime
- Mental illness*
*Sometimes, an individual can be compensated for mental illness if it is the result of a physical injury that occurred at work.
Benefits of on the Job Injuries
Most Texas employers have workers’ compensation insurance, which pays benefits to anyone hurt while working. You can receive many benefits from your on the job injury, including:
- Medical Care
- Temporary or Permanent Disability Benefits
- Supplemental Job Displacement Benefits
- Death Benefits
Your employer might also have alternative occupational accident insurance, which is similar to workers’ compensation. You can make a claim for any injury or accident, regardless of fault. However, the process is set by the insurer, so talk with your employer about what forms to fill out.
If your employer is completely uninsured, then you might sue them for negligence. They might have failed to keep your jobsite safe by refusing to fix hazards. They are legally on the hook when their safety lapses injure employers. However, an insurer who has workers’ compensation insurance is immune from lawsuit. Contact Houston workplace injury attorney, Sue E. West, and find out the benefits you are eligible for.
Can You Receive Benefits When Travelling?
Possibly. The key is whether you were working when you were injured. Some people, like delivery drivers, actually drive for their job. That’s what they get paid to do. If they are injured away from the office, then they should still be able to bring a workers’ compensation claim because they were working at the time. So we have to look closely at the facts.
Other workers are traveling because their employer has told them to. An employee who suffers an accident might qualify for compensation.
Generally, accidents that happen when you are traveling from home to work are not covered. Neither are accidents that occur when you travel from work back home at the end of the day. But you might be covered if you were running errands at the request of your boss.
This is an important type of lawsuit that injured workers might bring when they are hurt by someone who doesn’t work for their boss. You might possibly have the legal right to bring a lawsuit against this third party. For example, you might have a third-party lawsuit against the following:
- A driver who struck you as you made a delivery for your boss
- The manufacturer of defective equipment used at your job
- A customer who negligently or intentionally injures you
- A vendor who accidentally injures you, such as when making a delivery
- The manufacturer of toxic chemicals used at your workplace
In these examples, you can often sue the person responsible for the accident. This type of third party lawsuit supplements whatever workers’ compensation benefits you receive. That works to your advantage because workers’ compensation doesn’t fully replace all lost income. Instead, you will receive only a percentage of your average weekly wage, so many workers have lost income.
You might also receive compensation for pain and suffering, along with emotional distress. These damages are not available in workers’ compensation cases, but injured victims deserve some kind of compensation to make up for them.
The West Law Office will analyze whether you can bring a third-party lawsuit after being injured. And we can file a lawsuit in the correct court seeking full compensation for all your losses.
When Your Employer Denies Your Injury
If you have been injured on the job in Houston or Katy, Texas, and your employer fails to compensate you for your injuries, contact Houston workplace injury attorney, Sue E. West to protect your rights. You should not have to suffer and pay for a preventable injury caused by your employer. Your case is not over even if your initial application for benefits is denied. The West Law Office will work on handling your claim, while you work on recovering from your injury.