On the job injuries and work-related deaths occur at an alarming rate in Texas. While occupational injuries can happen in every industry and to all types of workers, they most frequently occur in labor intensive fields such as construction, excavation, drilling, refining, and electrical.
Statistics indicate that nearly six million private sector workers in the United States are injured every year while on the job. Depending on the severity of the injury, many workers require light or restricted duties. Other workers are forced to miss multiple days (sometimes months) of work to recover, resulting in lost wages. Some injured workers are never able to return to work.
Imagine you are a forklift operator working in a busy warehouse in Dallas. You work long hours and always give your best effort. But one day, while operating a forklift, you experience a sudden jolt that causes you to lose control of your forklift and fall to the ground. This accident results in you hitting your head and sustaining life-threatening injuries.
As if this situation isn’t already bad enough, you then find out that you can’t file a workers’ comp claim because your employer doesn’t carry workers’ compensation insurance coverage. You are a hard working person who can’t go back to work due to your injury, but you have bills to pay and a family depending on you. So what should you do now?
If you find yourself dealing with a situation similar to the one described above, you should consider your options for filing a lawsuit. An experienced Dallas work injury lawyer can advocate for you to help ensure you get the compensation you deserve and desperately need after being injured on the job.
Pursuing a personal injury claim can be an uphill battle, so don’t attempt it alone. Reach out to a personal injury lawyer to help you get everything you deserve, so you can focus on your recovery. At Rasansky Law Firm, we’re equipped with skilled and experienced work injury lawyers to fight for you.
Texas workers’ compensation insurance provides financial protection for employees who get injured or become ill in the workplace. This type of insurance helps cover medical and recovery bills, lost income, and death benefits for those affected.
Although the Texas Workers’ Compensation Act implemented this state-run workers’ comp insurance, the law doesn’t mandate most private employers to carry workers’ compensation. Those who don’t subscribe to workers’ comp may offer other types of work injury insurance.
To be clear, workers’ compensation is OPTIONAL to employers in Texas. Because of this complexity in Texas law, it is important that you discuss your options with a lawyer, not your employer. Call us today for a free consultation at (214) 617-1886.
Workers’ comp coverage provides several financial benefits for injured workers. The following are common types of financial support you may receive after a workplace injury:
Medical care coverage is the most obvious form of workers’ comp coverage. This benefit pays for medical bills related to an accident or illness caused by a work accident, including hospital stays, doctor visits, and prescription drugs.
It also covers associated costs, such as physical therapy and follow-up appointments. The amount of medical care coverage depends on the severity of your injury, but in many cases, it can cover all costs associated with treatment and recovery.
You may qualify for lost income if you cannot work due to a job-related injury or illness. This coverage replaces the average salary you earned 13 weeks before your injury occurred.
In Texas, you can get up to 70-75% of your average weekly salary. This monetary compensation is known as temporary income benefits.
Other income-related benefits include:
Death benefits provide financial assistance to cover funeral expenses and income replacement for surviving dependents such as spouses and children who rely on that income for their livelihoods.
For Texas workers, eligible family members can receive up to $10,000 for their loved one’s funeral costs. The deceased family can receive a death and burial payment within 30 days of filing the claim.
Regarding income replacement, a surviving spouse can receive up to 75% of their deceased spouse’s average weekly earnings for the rest of their life, unless they remarry. If there are dependent children at the time of death, they will be entitled to half the benefit while the spouse gets the other half.
While most workers in Texas assume they can file for workers’ compensation benefits after a workplace accident, the reality is that your employer is not even required to carry workers’ compensation insurance in our state. They may choose to carry private insurance, or they may have none at all!
If an employer does subscribe to state-run workers’ comp insurance, then they’re shielded from personal injury lawsuits brought by an injured worker. This insurance will handle all compensation that may be due to the injured party.
Some employers choose not to buy the workers’ compensation insurance which is offered by the state because they want to save money. They will sometimes instead opt in to another form of private work injury insurance. These employers are referred to as “nonsubscribers”. By not buying the state-run workers’ comp insurance, these employers open themselves up to the possibility of a personal injury lawsuit. There is no shield in place under the law for nonsubscriber employers.
Even if your employer DOES subscribe to workers’ compensation and are shielded from lawsuits, that doesn’t always mean you’re automatically barred from pursuing a lawsuit at all. Our Dallas work injury lawyers can often identify other potential defendants in your case, such as, for example, the manufacturer of faulty equipment that may have contributed to the workplace injury. An injury caused by a defective piece of equipment would fall under product liability law, allowing you to seek compensation from the 3rd-party equipment manufacturer.
These companies prefer private insurance providers, usually because they offer lower-priced work injury plans. These employers are known as non-subscribers. If you work for or seek employment with a non-subscriber, you can file a lawsuit against them when you suffer a work-related injury. Non-subscriber companies in Texas include large, regional and national companies, such as:
Because these non-subscribers use insurance that may not provide the coverage you need after a work accident, this leaves you open to a financial nightmare down the road, such as delayed or denied compensation. That is why you may be left with mounting bills and no other choice but to file a lawsuit.
Knowing the different types of work injury coverage available to you helps ensure you get the monetary support you deserve after suffering an occupational-related accident or illness. Contact a qualified Dallas work injury lawyer today if you have been injured at your workplace and need help understanding what work injury coverage applies to your situation. They can help protect your rights and ensure you receive the full compensation allowed under Texas law.
Working in an unsafe environment can lead to severe injuries, and employers must by law provide Texas employees with a safe work environment. The following are a few ways companies can protect their workers from harm:
The primary duty of any employer is to meet workplace standards set by the Occupational Safety and Health Administration. A few of OSHA’s safety regulations include the following:
Employers must do their due diligence by equipping their workers with the necessary training and guidance. This instruction includes teaching workers basic safety protocols, from learning proper lifting techniques to using personal protective equipment.
Additionally, employers can provide regular refresher courses on topics such as forklift safety, ladder safety, fall protection, respiratory protection, and hazard communication. These efforts help reduce the likelihood of a severe accident occurring on the job.
A system for reporting accidents or injuries as soon as they occur contributes to safer work environments. A reporting system can help to prevent future accidents or injuries because dangerous conditions get addressed immediately.
For example, a warehouse worker reports a co-worker slipped and fell on a wet floor. Quickly reporting the accident allows for the immediate removal of the hazard or the roping off of the area. Plus, having an accident report system ensures the worker who suffered an on-the-job injury receives prompt medical treatment and that the incident is documented.
Texas employers are responsible for creating a safe workplace environment. Employees should be aware of all applicable laws and regulations concerning workplace safety. If you have a work accident and believe your employer didn’t provide you with a safe working environment, contact our experienced work injury lawyers today! At Rasansky Law Firm, we fight to recover your damages.
The maximum medical recovery period lasts up to 104 weeks, starting when you suffered an on-the-job injury. For example, if you incurred an injury on July 4, 2022, the recovery period would end in July 2024. During the two years, you could receive temporary income benefits that award you 70 to 75 percent of your average weekly pay.
Typically, you reach maximum recovery when your injuries have healed, your doctor lifts the physical restrictions, and you can perform your job duties the same way before the injury.
In some cases, reaching maximum recovery may mean that your doctor releases you back to work with certain restrictions. This situation could include working part-time or in limited capacities until your condition improves enough that you can perform your job as usual.
Texas hosts its share of high-risk industries, and with that distinction comes a high rate of workplace accidents. Construction, manufacturing, farm work, and the trucking industry all face an increased risk of workplace injuries.
The Texas Department of Insurance, Division of Workers’ Compensation reports:
Thankfully there are ways for employers to help keep their workers safe by adhering to specific regulations and ensuring they have made a workplace free from hazards. Both employers and employees must familiarize themselves with their rights and responsibilites when it comes to staying safe on the job.
Typical reasons for injuries at work:
There are numerous other industries in addition to construction, including different types of work sites where employees and other workers are placed at risk for on-the-job injuries. These include:
Warehouse accidents claim many lives every year. According to the Bureau of Labor Of Statistics, the transportation and warehousing sector ranks second to the construction industry for having fatal work-related accidents. Dallas’s extensive warehouse system leaves many Texas employees vulnerable to potentially fatal injuries.
Some of the most common warehouse injuries include:
The leading cause of death in warehouses is forklift accidents. Forklifts make moving heavy items, such as large crates, furniture, appliances, stacks of boxes, and pallets of goods. Unfortunately, using a forklift increases your chances of being involved in an accident.
Suffering a work injury can be a frightening experience. Not only do you cope with the physical pain and discomfort of the injury, but you also have to navigate the complex world of workers’ compensation to ensure you get all the medical care you need. Fortunately, there are ways to ensure your employer covers your medical treatment.
Let’s take a look at those steps.
The first step in getting compensated for medical treatment for a work accident injury is understanding your rights as an employee. You should know the various workers’ compensation laws and how they apply to your situation. This way, you’ll know exactly what types of benefits you are entitled to receive from your employer.
In other words, you need to know what coverage is available from your employer and what payments you can receive under that coverage. This information gives you the power to ensure all necessary treatments are adequately covered.
You also need to know whether your employer is a workers’ comp subscriber or a non-subscriber. Knowing this impacts your legal course of action when you get injured on the job. Remember, if they are a non-subscriber, meaning they opted for cheaper, private insurance instead of the state workers’ comp plan, you have the right to sue for your injury.
Now, it’s time to find a qualified medical professional who can provide the correct type of care for your specific injury. For example, if you break your back after a fall from a ladder, you need to find an orthopedic surgeon specializing in spinal injuries. Make sure that the doctor is certified to treat work accident injuries and is familiar with workers’ compensation laws.
Your workers’ compensation claim requires validity. So gather evidence and documentation related to your injury to get the most out of any potential settlements or awards.
The following are items you will likely need for your claim:
The more relevant evidence and documents you can collect, the better. Evidence strengthens your claim before starting legal proceedings or negotiations with employers or insurance companies.
The Texas workers’ compensation insurance program has a network of healthcare providers. If your employer has subscribed to workers’ comp, you’ll select a doctor from this network.
Two conditions must be met if you prefer your primary care physician. One, your doctor must accept the network’s contract. Second, the network must approve your doctor. In short, there’s no guarantee you can receive treatment from your preferred doctor.
The best way to find an approved healthcare network provider in Texas is to visit the Texas Department of Insurance. The agency maintains an updated list of medical doctors and certified workers’ compensation healthcare networks.
You can pursue a lawsuit against your employer for a work injury if you prove the company violated employee safety regulations or had knowledge of an unsafe condition that led to your injuries.
Let’s say you suffered an injury due to faulty machinery or hazardous materials. If your employer didn’t ensure your safety while on the job, you may have a valid case against them.
A major exception is this: You can’t file a personal injury lawsuit against a subscriber employer (an employer who offers workers’ compensation insurance to its injured workers). However, you may still be able to file lawsuits against product manufacturers or other entities that contributed to your injury. The best way to know about your specific situation for sure is to speak to a Dallas work injury lawyer.
You have two years to file a lawsuit for any injuries sustained in the workplace. The two year period starts on the date of your injury. For example, if you suffered an injury on April 1, 2022, and want to file a lawsuit against your employer, you would have until April 1, 2024, to do so. This statute of limitations aims to ensure that evidence is still available and witnesses can provide testimony.
We don’t recommend you wait anywhere close to 2 years to file your suit, if it is within your control to file sooner. The earlier you contact an attorney to start building your case, the better chance you will have for a favorable outcome.
A worker’s compensation case involves an employee who gets injured or becomes ill while on the job. In this situation the employer is responsible and carries some sort of insurance to cover these types of damages.
On the other hand, a personal injury case covers injuries or illnesses due to someone else’s negligence or wrongful act. Examples of these cases include:
One commonality between the two claim types is that you can recover compensation, such as lost wages and medical bills. The primary difference is who is at fault for your injury. In a workers’ compensation claim, it would be your employer. However, the responsible party in a personal injury claim could be any number of persons or businesses, including the manufacturer of specific products you use in the work place.
Texas has the highest rate of workplace fatalities in the U.S., with an average of 539 workers dying yearly due to unsafe conditions and accidents. Any death is a tragedy, but what makes wrongful death cases unique is that they are entirely preventable when companies implement, follow and enforce safety protocols.
Companies that fail to abide by these codes can face serious legal consequences. These businesses can face criminal charges at a state or federal level and civil penalties such as employee compensation and monetary fines.
The Texas Wrongful Death Act provides a way for families who lost a loved one to seek compensation and justice in the event of an avoidable death. Surviving family members, such as spouses, children, or parents, can file a lawsuit and receive damages.
These damages include medical bills, funeral expenses, and physical pain and suffering against any person or entity responsible for the death of their loved one. This act ensures grieving family members can hold wrong-doers accountable, especially when criminal charges don’t apply.
Wrongful death suits are often complicated, but a law firm staffed with experienced work injury lawyers can help those who have lost loved ones navigate these tricky waters. The loss of a family member from a preventable workplace accident is heart-wrenching, but justice must prevail for those whose lives were tragically impacted.
Losing a loved one at work is heartbreaking, and the emotional impact is worse when it’s a preventable death. If your family member or someone you love died in a job-related injury in Texas, you may be entitled to collect compensation for the death of your loved one.
Only certain people are allowed to file a wrongful death claim. These people include the surviving spouse, children, and parents of the deceased person. The administrator or executor of the estate can also file a wrongful death claim if there are no surviving family members. Siblings in Texas aren’t allowed to file wrongful death claims.
The damages you can claim for a wrongful death case depend on the circumstances of each case. In most instances, the court can award compensation for the following:
Filing a wrongful death claim requires knowledge of personal injury law and experience with insurance companies. An experienced Dallas work injury lawyer can guide you through all aspects of filing your claim.
They will help document your losses accurately so that you receive fair compensation. Your attorney will assist with negotiating settlements with the insurance company to ensure that any settlement offer is suitable for all parties involved.
No amount of money replaces losing a loved one due to an employer’s wrongdoing or negligence. However, filing a wrongful death claim positions your family to receive financial assistance during this difficult time. It lifts the weight of worrying about legal complexities and financial burdens associated with your loss.
At Rasansky Law Firm, we can guide you through filing a wrongful death claim. We have a team of experienced work injury lawyers committed to advocating for your rights and helping you secure justice for the loss of your loved one. Contact us now for a no-cost case review.
Our team is available 24/7 and ready to answer any questions. You can also call us anytime to schedule a free consultation. Our legal team is here for you and your family during this difficult time.
In the city of Dallas, a workplace accident is no small matter. Even when you can’t sue the employer for your work injury, a third party may be liable for the accident. In cases like this, you can file a personal injury claim against the third party and pursue compensation for any damages you may have suffered.
Examples of third-party liability in Dallas workplace accident claims include:
To make a successful claim against a third party, you must prove that their negligence or wrongful actions directly led to your injury. You will also need to show that you suffered losses from your injury. If successful, you may recover damages for medical expenses, lost wages and other financial losses, emotional distress, pain and suffering, and other related costs.
At Rasansky Law Firm, our experienced attorneys have handled all workplace accident cases, from scaffolding and ladder accidents to forklift and excavation injuries. Regardless of the situation, we will work hard to get you fair compensation for your losses.
We understand that this is a challenging time for your family, and you may be overwhelmed by the complexities of this process, so our team of professionals is here to ease your mind and make the process as smooth as stress-free as possible.
Everyone should have access to high-quality legal services without worrying about the cost. That’s why we offer free, no-obligation consultations with our attorneys. To get started on your case and schedule a consultation today, contact us at (214) 617-1886 or fill out the form on our website. Let us fight for you and help make sure that justice is served!
If you or a loved one has been injured while at work, or hurt on the job as a result of a construction site accident, forklift accident, or any other work-related injury, please contact the Dallas work injury lawyers at Rasansky Law Firm as soon as possible for your free consultation.
Our personal injury attorneys have handled many of these types of cases in the Dallas-Fort Worth area over the past 20 years, and we can help you too. Your time is limited, so contact our work injury lawyers today. The call is free, and if we decide to take on your case, you’re charged nothing unless we actually win your case.
“The Rasansky Law Firm did an outstanding job representing my family after my father’s accident. Not only were they top notch in professionalism, but the level of kindness and compassion they showed to us will never be forgotten. I would always trust them with any legal issue I would ever have in the future.”
– Sharry S. ★★★★★
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 617-1886.
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