Despite the significant steps that society has taken to increase worker safety while on the job, workplace injuries remain a constant threat to peoples’ health and finances. For many employees, suffering a workplace injury or illness allows them to receive medical care and pursue reimbursement for lost wages through a workers’ compensation claim.
However, San Antonio is in a state that rarely requires an employer to provide workers’ comp protection. Instead, employers may file a lawsuit against their employee to receive compensation for damages. A San Antonio workplace injury lawyer could help you hold negligent employers liable for their carelessness. An experienced personal injury attorney could work to evaluate if an employer had workers’ compensation insurance, and if not, to file lawsuits that demand appropriate compensation. In English.
While the relative safety of a particular workplace will vary, no location is entirely safe. When many people think of workplace injuries, they imagine typically dangerous professions such as factory workers, miners, or loggers. These employees may suffer catastrophic injuries from accidents or illness from long-term exposure to toxic substances.
However, even workers employed in seemingly safe professions could also endure workplace injuries. Officer workers, teachers, and retail employees could strain muscles moving boxes, fall downstairs, or endure assaults from customers. As long as an employee is able to connect their condition to their time spent on the job, the employer is liable to provide compensation. In situations where the employer does not have workers’ compensation insurance, this means pursuing a lawsuit in court. A knowledgeable San Antonio workplace injury attorney could help to connect an injury to a person’s time spent on the job and to evaluate an employer’s insurance protection.
Texas is one of the few states that does not require an employer to obtain workers’ compensation insurance. If an employer makes this choice, they are personally liable for any injury that affects their employees that is connected to their work duties. An injured or ill employee must pursue these lawsuits to collect compensation to pay for medical care and lost wages.
A worker could take a case to court if they suffered harm while on the job. In addition, according to Texas Labor Code §406.033, an employer cannot argue that the employee’s own negligence caused the injury, that another employee should bear responsibility, or that the injured employee accepted the risks involved in taking the job. In this sense, an employee must onl1y prove the same concepts under the law that they would need to demonstrate to collect under a workers’ compensation policy. Namely, that the injury or illness arose out of the course of their employment. A skilled San Antonio workplace injury attorney works with employees to pursue claims for damages in civil court against employers.
However, the injured worker must prove that the employer’s negligence led to their injury. They could do this by showing that the employer did not take reasonable care to protect the employee from foreseeable harm and that the employee suffered an injury as a result. The worker also must demonstrate that they suffered documentable losses because of their injury. A skilled San Antonio workplace injury attorney works with employees to pursue claims for damages in civil court against employers.
Those injured on the job may have a legal remedy if a negligent third party caused the injury. Third parties could be liable in a variety of situations. If the worker’s injury resulted from a motor vehicle accident, other drivers could be liable. If the employer hired independent contractors to work onsite and the contractor caused the worker’s injury, the contractor is a potentially liable party. When multiple employers provide workers for a project, as is often the case at construction sites, if an employee of one company injures an employee of another company, the negligent worker’s employer could be liable. If a defective product led to the injury, the manufacturer could be liable.
Many accidents result from the negligence of multiple parties. A savvy worker’s attorney could investigate the circumstances of an injury to determine whether one or more third parties contributed to the incident. If so, they could bring a claim for damages against those third parties on behalf of the injured worker.
Statutes of limitations restrict the time for bringing a lawsuit, and every state imposes these limits on its citizens. Texas Civil Practice and Remedies Code §16.003 allows an injured person two years to bring a lawsuit seeking damages. If an injured person fails to file their lawsuit within the applicable timeframe, a court will refuse to hear their case, regardless of its merit.
Injured workers weaken their position if they wait too long to begin pursuing their legal remedies. Evidence might erode or disappear, and witnesses’ memories might fade. Workers strengthen their position if they contact a legal professional soon after their accident. Early action allows an attorney more time to collect evidence, identify potentially negligent parties, and engage in negotiations with insurers. It also signals the employer that the worker is serious about obtaining compensation for their losses.
Most personal injury cases settle before a trial and many reach a resolution before the plaintiff files a lawsuit. However, once the statute of limitations has run out, insurers have no incentive to offer an injured worker a reasonable sum to compensate them for their losses. Workers with no recourse to the courts might receive only a token settlement or no settlement at all.
People who suffer injuries while on the job often face significant physical, emotional, and financial difficulties following their accident. Not only do they lose the ability to continue to earn a living, but they may also be responsible to provide funds for their medical care. This is because San Antonio employers usually do not have the obligation to provide workers’ compensation insurance for their employees. The resulting dynamic requires many injured employees to seek compensation in lawsuits.
A San Antonio workplace injury lawyer could help you file a claim and hold your employer accountable for their negligence. They can work to gather evidence, connect that evidence to medical records, and demand proper payments in court. Call today to get started on your claim.