Houston Workplace Accident Lawyers(281) 283-8500
An injury on the job can be devastating for a Texas worker, whether you’re working on an oil rig, driving a truck, or laboring on a construction site.
You may expect your work environment to be as safe as possible, yet numerous issues may arise that put you in danger. Unsafe conditions, inadequate equipment, poor supervision, insufficient maintenance, carelessness, and recklessness can all lead to dangerous accidents that cause you and other workers injuries.
Whether a work-related injury is relatively minor or catastrophic, you are entitled to receive appropriate care and compensation. In many situations, your workers’ compensation insurance will cover your medical expenses and a portion of your lost wages. However, workers’ comp may not be available or enough. For many injured workers at Port Houston or other in the maritime industry, the situation may call for pursuing a Jones Act claim, a claim against your employer, the third-party responsible for your injuries.
To learn about your rights after getting hurt at work, contact our Houston workplace accident lawyers at The Krist Law Firm, P.C. online or by calling 281-283-8500 . We have decades of experience helping individuals recover compensation.
Why You Need a Houston Workplace Accident Lawyer
When you’re injured on the job, it can be difficult to know what kind of claim to file and who to seek compensation from. You may have significant medical bills and be unable to work for a long period of time. A Houston workplace accident lawyer can help you determine what type of claim you can make and who is responsible for compensating you.
The Krist Law Firm, P.C. will listen to your story and evaluate your case. We will help you file a claim or submit a demand letter to the third-party responsible for your injuries. Although we cannot fix your injuries, we can help you draft the necessary paperwork, negotiate with insurance companies, and seek the care that you need. We have a history of getting results for injured workers in Houston and have helped them recover millions in compensation over the years.
Common Work-Related Accidents
Whether you work outside for oil and gas exploration or hold a desk job, you are never entirely free from risk. However, certain industries, environments, and positions have a greater chance of a work-related accident and injuries than others.
Some of the most common types of work accident cases include:
- Construction industry accidents
- Forklift accidents
- Oil and gas industry accidents
- Maritime industry accidents
- Loading dock and warehouse accidents
- Work-related motor vehicle accidents
- Heavy equipment and machinery accidents
Some of the factors that typically lead to workplace accidents, include:
- Improper or inadequate safety gear
- Inadequately maintained vehicles, equipment, and machinery
- Inadequate staffing and/or supervision
- Inadequate training or certification
- Failure to comply with health and safety regulations, including OSHA violations
- Failing objects
- Chemical exposure
- Fires and explosions
- OSHA Violations
Texas Workers’ Compensation Insurance
In Texas, it is optional for private employers to provide workers’ comp coverage. If you were injured and your employer carries workers’ compensation insurance for you and other employees, then you need to file a workers’ comp claim in order to obtain your benefits. In some cases, you do not have the right to sue your employer for negligence if you can obtain workers’ comp.
If you do not have workers’ compensation insurance through your employer, call a workplace injury attorney right away to learn whether another federal statute applies to your situation and if there are other ways to pursue compensation. If your employer chose not to provide workers’ comp, then you may have the right to file a personal injury claim in pursuit of compensation.
Texas Workers’ Comp Benefits
If workers’ compensation insurance is available, you may be eligible for multiple types of benefits that cover your medical care and some of your lost wages. Texas workers’ comp benefits include:
You are entitled to receive necessary and appropriate treatment for your injury, the cost of which is entirely covered by your employer. Your workers’ comp medical benefits will not pay for treatment for injuries or illnesses unrelated to the workplace accident. It will also not cover unnecessary, inappropriate, or experimental treatments. You may have to fight with your employer or the insurance company about what treatments are necessary and appropriate.
Temporary income benefits
If you are injured and must miss more than seven days of work, you can receive temporary income benefits. Temporary income benefits pay 70 percent of the difference between your average weekly wage and the wage you are capable of earning after the injury. You receive this income benefit until you reach maximum medical improvement, you fully return to work, or 104 weeks after your eighth day of being off work.
Supplemental income benefits
If you have returned to work but earn less than before if you have not obtained a new job despite your good faith effort to do so, or if you have an impairment rating of 15 percent or more, then you may be able to receive supplemental income for a period of time. This benefit is 80 percent of the difference between 80 percent of your average weekly wage and your weekly wages after the injury. You can seek supplemental income benefits for up to 401 weeks from the date of your injury.
Impairment income benefits
If the workplace accident led to a permanent impairment that exists when you reach maximum medical improvement, you may receive impairment income for a period of time. This equals 70 percent of your average weekly wage. You can receive three weeks of payments for each percentage of your impairment rating, typically up to 104 weeks.
Lifetime income benefits
Certain work-related injuries that result in a permanent disfigurement or disability may entitle you to lifetime income benefits. These injuries include blindness, loss of both feet or hands, or a spinal injury that results in paralysis. These benefits are equal to 75 percent of your average weekly wage with a 3 percent annual cost of living increase.
You will benefit from having an experienced workers’ compensation attorney help you with your claim. Our lawyers can ensure your average weekly wage is calculated accurately and you receive the income benefits you are entitled to under the law. We can also fight hard for you to receive the medical care you deserve if your employer is denying you a specific treatment option.
Third-Party Liability in Work Injuries
Not all workplace accidents are the fault of your employer or a coworker. The accident that led to your injuries may have occurred because of the conduct of a different company or its employee. If someone from outside of your business is at fault for your injuries, contact a workplace injury attorney right away.
You may have the right to move forward with a third-party liability claim in place of or in addition to a workers’ comp claim. This can be a very important claim after a workplace accident. Workers’ compensation benefits are essential, yet they often do not cover everything.
Moving forward with a third-party personal injury claim can more fully compensate you for your injuries.
Maritime Industry Work Injury Claims
If you hold a position within the maritime industry, then there are a number of other federal laws that may apply to your situation and dictate the benefits you are entitled to, including:
- Jones Act
- Longshore and Harbor Workers’ Compensation Act
- Outer Continental Shelf Lands Act
- Maintenance and Cure
- Public Vessels Act
- Defense Base Act
The specific benefits you are entitled to under these laws typically depends on your exact job. For instance, seamen, offshore workers, and dock workers may have different rights under these acts. If you are unsure of which Texas and federal laws apply to your situation, contact our Houston workplace accident lawyers right away.
Damages in Third-Party Liability Claims
Within a third-party liability claim, you can pursue compensation from the at-fault individual or business through an insurance claim or lawsuit. If you are able to prove the other party was negligent, then you can seek compensation for:
- Medical expenses
- Loss of earning capacity
- Physical limitations
- Physical pain
- Mental anguish
Fatal Workplace Accidents
If you lost your parent, spouse, or child in a workplace accident, contact us right away. You may have the right to recover funeral, burial, and income benefits under workers’ compensation insurance.
If workers’ comp is not available or a third party was responsible, you may be entitled to file a wrongful death claim against their employer or the other individual or company. Additionally, if your loved one was a maritime or oil and gas industry worker, another federal law may apply, like the Death on the High Seas Act.
Let Our Houston Workplace Accident Lawyers Help
If you were injured at work in Texas, contact our workplace injury attorneys at The Krist Law Firm, P.C. Work-related accidents and injuries can become complicated, particularly if you are in a high-risk industry with additional federal law coverage.
To avoid missing out on benefits you are entitled to under the law, let us guide you through the workers’ compensation or personal injury claim legal process.