What to Do if You Have Been Injured at Work
Feb 9, 2021
Tens of thousands of Texas workers are injured in workplace accidents each year. While injured workers may be entitled to compensation for their injuries, the process of pursuing a claim may seem overwhelming, especially while recovering from an injury.
Texas workplace injury laws are more complex than many other states because, unlike most other states, Texas does not require employers to purchase workers’ compensation coverage. Many injured workers find that they do not have the option of pursuing workers’ compensation benefits. However, even if workers’ comp benefits are not available, injured workers still have options.
Bringing a claim against a negligent employer
Those injured due to employer negligence can bring a personal injury claim against their employer if their employer is not covered by a workers’ compensation policy.
Employers owe their team members a reasonably safe workplace. While this does not mean that an employer needs to eliminate every possible hazard in the workplace, it does mean that they need to take steps to cure known risks and warn employees about dangerous conditions.
Filing a claim against a third party
Some workplace accidents result when a person or entity separate from the employer causes the injury. This is known as third party liability and these causes of actions are essentially traditional personal injury claims.
To successfully bring a claim against a third party for a work-related injury, an employee must prove that the third party violated a duty of care they owed to the worker and that the third party’s violation of that duty resulted in the injury. Common types of third-party work injuries include:
- Motor vehicle collisions
- Slip and fall accidents
- Exposure to hazardous chemicals
- Defective products
- Dangerous products that lack the required warnings
- Premises liability
- Injuries caused by negligent customers, contractors, sub-contractors, vendors and others
What to do after being injured at work
Seek medical attention – The only way to determine the full extent of your injuries is to get evaluated by healthcare professionals. Many injuries might not seem serious initially but can later result in life-long suffering. Visiting healthcare providers allows you not only to have your injuries treated, but also, to fully understand and document the extent of these injuries.
Gather evidence – Gather as much information about the accident as you can. Report the accident to your employer as quickly as possible. Speak with anyone who witnessed the accident and ask them for a statement and get their contact information. Take pictures of your injuries and the area where the accident occurred.
Keep detailed records – Be sure to keep a copy of all medical documents, incident reports, receipts and appointment times. Additionally, keep any instructional material you were provided.
Talk to a work injury attorney – Call a Houston work injury lawyer at The de la Garza Law Group for information regarding how best to proceeds after you have suffered a work-related injury.
The de la Garza Law Group Can Help You Get the Compensation You Deserve for Your Houston Work Injury
At The de la Garza Law Group, we know that no two cases are the same. Every client is special. Every case is personal. We know that in order to help our clients obtain the justice they deserve, we must get to know our clients and how the accident has impacted their lives. For this reason, we spend significant time getting to know the details of each client’s case.
If you were recently injured at work and your employer does not have workers compensation coverage, contact The de la Garza Law Group today. We offer a free, no-obligation case evaluation. To learn more, call 713-784-1010, or call toll-free at 844-784-1010.
We proudly represent clients throughout Texas, including all major metropolitan areas. We represent many clients throughout the greater Houston area, including Harris County, Fort Bend County, Galveston County, Brazoria County, Jefferson County, Chambers County, Waller County, and Montgomery County, including The Woodlands, Pearland, Pasadena, Baytown, Clear Lake, Galveston, Conroe and Sugar Land.