Harker Heights Workplace Injury Lawyer
You can be injured anywhere and while you are doing almost anything. Although safety protocols are usually in place at work, accidents happen even there, and often, someone else’s negligence causes them.
If you are injured at work, you are probably wondering if you can sue your employer or the reckless employee who harmed you so you can be compensated for your medical bills, lost wages, and other harm that came to you. A Harker Heights workplace injury lawyer could review your situation and plan your course of action. Discuss your legal options with a skilled personal injury attorney.
Workers’ Compensation is Optional for Employers
Texas Labor Code Sec. 406.002 does not impose a duty on employers to carry workers’ compensation insurance, which, if available to an employee, offers a portion of lost wages, along with medical bills for work-related injuries and illnesses. If an employer is covered by workers’ compensation insurance, an employee must rely on it for compensation.
If the employer does not carry the insurance, the best alternative is for a Harker Heights workplace injury attorney to file a lawsuit on behalf of the employee. The defendant of a lawsuit might be the employer, a fellow employee, or an unrelated third party on a job site.
Types of Workplace Injuries in Harker Heights
Employees are more apt to be injured at construction sites than in business offices. Since the Texas economy is based on some jobs unavailable in other places, unique accidents often occur. Some common accidents in Texas include:
- Oil field and natural gas production accidents are more common in Texas, the state most known for these commodities, with more than a dozen fields dotting the state. Injury can occur from toxic gases, explosions, and high-pressure lines
- On the job auto accidents for those whose jobs are to make deliveries or run errands
- Construction site accidents by falling from high places and being exposed to toxic materials
- Heavy equipment accidents in which a large item such as a forklift is improperly operated because the driver is negligent or the employer did not vet an unqualified employee
- Large machinery accidents such as those suffered from machines that separate, crush, or compact
- Railroad worker accidents involving any of the freight carriers and passenger trains prevalent in Texas and in which injuries and compensation may fall under the purview of the Federal Employers’ Liability Act (FELA)
Since an injured party may be exposed to several legal issues, such as insurance payments, workers’ compensation, multiple defendants, third-party claims, negligence claims, defective products, and FELA, a Harker Heights personal injury lawyer should be consulted as soon as possible after a workplace accident.
Workplace Injuries Based on Negligence or Intentional Acts
An injured worker may be the victim of another employee’s, supervisor’s, or third party’s intentional or negligent act. If the defendant acts in a manner that is below the standard a reasonable person would maintain in a similar situation and causes a victim to be harmed, an injury attorney could file a lawsuit asking for the victim to be made whole, that is, compensated for what has been paid or lost, such as medical bills, lost wages, lost future wages, disfigurement, pain and suffering, and loss of consortium with a spouse.
If an employee is hurt on the job because the equipment is substandard, causing the injury, the equipment manufacturer may also be held accountable for financial compensation.
Statute of Limitations
Under Texas Code Sec. 16.003, victims of personal injuries, including in the workplace, if not relying on workers’ compensation insurance, must file lawsuits based on negligence within two years of the injury.
A Harker Heights Workplace Accident Lawyer Can Help
If you are injured on your job, your employer’s workers’ compensation insurance may suffice in compensating you. If your employer does not carry this insurance, you may have to file a personal injury lawsuit and battle it out in a civil court procedure.
The legal system you may have to abide by is complicated, but a Harker Heights workplace injury lawyer can help. While you are away from work recuperating or undergoing rehabilitation, you should leave the court battle to our knowledgeable attorneys, who are waiting for your call. Schedule your initial consultation today.
