Brownsville Workplace Accident Lawyer

What to Do if You’re Injured on the Job

Your first priority after being hurt at work is to seek proper medical treatment. Delays can be dangerous and may lead to further complications. Plus, if you wait, your employer may contest the severity of your injuries. The argument is that, if you were really hurt, you would have gone to the doctor right away.

As soon as you’re physically able:

1. Report the Injury: Inform your supervisor, human resources department, or other person that your employer has designated for reporting purposes. You should make sure to be as detailed as possible in describing the workplace accident and confirm that there’s a written record of the incident on file.
2. Identify Witnesses: If anyone saw, heard, or otherwise observed the accident, they may be valuable as witnesses in your accident at work claim. Talk to co-workers and reach out to those that may provide support.
3. Determine Whether Your Employer Has Insurance: Your employer may have workers’ compensation insurance to cover employee losses related to workplace accidents. If so, there are certain procedures for filing a claim, and these rules may dictate how to proceed.
4. Document Everything: From the moment you are hurt, you should start keeping receipts, invoices, and other paperwork regarding your injury-related expenditures. You should also jot down notes in a journal regarding your level of pain and how your injuries limit your activities.
5. Go Back to Work, If Possible: Even if you’re not fully recovered, you may be able to engage in light duty activities at work. Discuss your options with your employer, as having an income is important while you go through the claims process.

How Workplace Accidents Happen

While employer negligence is behind most common workplace injuries in Brownsville, the details may vary. Typical examples of on-the-job accidents include:

• Falls from an unsafe building, bridge, balcony, or other heights;
• Slip and fall accidents from debris, slippery surfaces, or other hazardous conditions;
• Being struck by an improperly secured object;
• Incidents related to dangerous equipment or machinery, including scaffolding, ladders, backhoes, forklifts, or cranes;
• Explosions;
• Malfunctions of electrical equipment;
• Chemical spills;
• Transportation and vehicle accidents; and,
• Many more.

Regardless of the specifics of your accident, our work accident lawyers can assist with your claim. We have access to resources that assist us with investigations and gathering evidence to prove how your employer was negligent.

Common Types of Work-Related Injuries

Every workplace accident is unique, but certain work injuries tend to occur frequently, such as:

• Burns;
• Broken bones;
• Concussion, traumatic brain injury, and other head injuries;
• Spinal cord damage;
• Electrocution;
• Amputation;
• Damage to internal organs; and,
• Many other forms of trauma.

Not surprisingly, employees in industries requiring considerable physical labor are most at risk of injuries. Texas Department of Insurance statistics covering the period from 2014-2016 reveal that:

• The riskiest occupation is in agriculture, where between five of every 100 workers suffer non-fatal workplace injuries every year;
• Transportation and warehousing employees also have high rates of injuries, at an average of four percent of all workers;
• Two percent of construction employees sustain an injury every year, half of which will miss work, return to work with a job restriction, or receive a transfer; and,
• Workers that provide hospitality and health care services have a high rate of injuries, at around three percent annually.

Frequently Asked Questions About Work Accident Compensation

Where should I go for medical treatment if I’m hurt at work?

For serious injuries, you should head straight to the closest emergency room or urgent care center. However, you can seek medical care from your own doctor if you choose. Your employer may try to pressure you to visit a company physician, but it’s not required by law.

What types of work injury damages are available?

You can seek various types of damages in a work injury claim, including medical bills, lost wages, and out-of-pocket expenses related to your injuries. However, you can also pursue your employer for additional losses, such as:

• Pain and suffering;
• Emotional distress;
• Disability;
• Diminished quality of life;
• Scarring and disfigurement; and,
• Other damages, depending on your circumstances.

If I get hurt at work, do I get paid?

The specifics depend on your employer policies, as some companies provide employee insurance packages that will pay disability benefits. In the absence of such an arrangement, a worker paid an hourly wage will likely not get paid.

Do I need a workplace accident attorney to seek compensation?

There’s no legal requirement to hire a lawyer if you get hurt at work. However, there are many reasons you should strongly consider legal representation. Texas laws on workplace accidents are complicated, and you may not understand the litigation process if you don’t have a legal background. You risk leaving money on the table, such as by accepting an injured at work settlement that doesn’t fully compensate you for your losses.

Plus, your focus after a workplace accident should be on recovering from your injuries. Filing a claim and litigation are very complicated, which could add considerable stress to your life. With a workplace accident lawyer to take care of the legal process, your chances of obtaining a favorable outcome greatly increase.

Workers’ Compensation Laws in Brownsville

Your rights in a workplace accident claim may be affected if your employer carries workers’ compensation insurance. Texas law doesn’t require companies to purchase policies to cover the losses of injured workers, but many do. The advantage is that you don’t need to prove that your employer was negligent when you got injured at work. However, you may not be able to directly sue your employer for damages as described above. Your sole remedy is to file a workers’ compensation claim with the insurer that provides coverage for your employer.

There are some exceptions to this rule, however, so you may still file a claim if:

• Your employer’s intentional conduct caused an injury at work;
• You were hurt by a third party, such as a contractor or subcontractor;
• Your employer carries an insurance policy that doesn’t provide substantially the same protections and benefits as workers’ compensation laws; or,
• You were hurt by machinery, tools, or equipment that contain a dangerous defect, in which case you may have a claim against the manufacturer.

Even if you are forced to file a claim for benefits under your employer’s workers’ compensation policy, it’s still important to have a workplace accident attorney represent your interests. Like many insurers, these companies may be reluctant to pay. They may contest whether you were really injured on the job, as opposed to external circumstances. A claims adjuster may also dispute the nature of your injuries. With a workplace accident lawyer on your side, you can obtain the full benefits you’re entitled to recover by law.