Five Points Workplace Injury Lawyer
Injuries that happen at work can be difficult. You may feel like reporting the accident will put you at odds with your boss or co-workers, or you may feel embarrassed that you suffered an injury in the first place. Nevertheless, injuries at work happen, and they can lead to serious medical issues.
When you have been hurt at your job, a Five Points workplace injury lawyer can help you explore your options, manage your relationship with your employer, and help increase your chances of being compensated for your injuries. A personal injury attorney from our firm is ready to support you.
Will Workers’ Compensation Help?
People hurt at work often assume they can simply recover by filing a workers’ compensation claim. This is not necessarily the case. First, contrary to many states, Texas does not force all employers to have workers’ compensation coverage. Texas Labor Code § 406.002 provides that employers can purchase workers’ compensation coverage, but nothing in state law requires them to do so.
Second, even for people hurt at work where the employer does have workers’ compensation, a worker’s compensation claim may not be the correct avenue to recover for injuries. Workers’ compensation is not designed to help injured employees; it is designed to protect the employer. When someone other than the employer caused the injury, workers’ compensation may not be available. A Five Points attorney who specializes in job-related accidents can help an injured person understand their options when their employer does not have workers’ compensation coverage.
What If Workers’ Compensation Is Not Available?
Not purchasing workers’ compensation insurance does not allow employers to ignore employee injuries. Employers still must provide a reasonably safe working environment, and Texas Labor Code § 406.033 indicates that an employee may file an injury lawsuit against an employer that does not have workers’ compensation insurance. Some ways an employer could fail to provide a safe working environment include:
- Not providing appropriate safety equipment
- Providing inadequate training or supervision
- Improper storage of dangerous chemicals or other materials
- Neglecting to keep the work area clear of tripping or slipping hazards
A Five Points attorney who handles workplace injury claims can help an injured employee determine whether their employer maintained an unsafe work environment and if a lawsuit can help them recover compensation for their injuries.
Options When a Third-Party Caused a Workplace Injury
In some cases, multiple companies or groups are working together in the same space, and it may not be obvious who is responsible for the harm. These cases are complicated, and seeking help from an experienced workplace accident lawyer in Five Points can be beneficial to determine which party, or parties, bears legal responsibility for the injury.
When an employee receives workers’ compensation benefits, Texas Labor Code § 408.001 dictates that, in most circumstances, the employee cannot recover from the employer through any other means, including an injury lawsuit. The employee’s workers’ compensation benefits are all they get from the employer.
An injured person could still recover compensation from a responsible third party through a lawsuit. Texas Labor Code § 417.001 states a lawsuit against a third party and a workers’ compensation claim against an employer can proceed at the same time.
Seek Help From an Experienced Workplace Accident Attorney in Five Points
When you have been hurt at work and your employer does not have workers’ compensation, do not think that you are simply out of luck. Every case is different, but there are other options that may be available to recover for your injuries. Call a Five Points workplace injury lawyer today to explore all your options.
