Houston Work Injury Lawyer – Employees Not Covered by Workers’ Compensation
Each year, thousands of workers in Texas are injured on the job. These workplace injuries not only cause employees to miss work; they often result in tens of thousands of dollars in medical expenses. When the employer does not have workers’ compensation insurance, the injured worker may sue the employer for negligence to seek compensation for his injuries.
Bringing a Personal Injury Claim After a Harris County Workplace Accident
Texas does not require employers to purchase workers’ compensation insurance. When an employer does not subscribe to workers’ compensation insurance and a worker is injured, the worker can sue the employer for negligence.
Damages Available Through a Texas Work Injury Claim
For those who have been injured on the job, the experience can be traumatic. Injured workers will initially focus on their physical injuries; however, these mark only the beginning of the road to recovery. While healing, many injured employees cannot work, which means they are not bringing in income. This can make paying for the medical care they received all that much more difficult.
If a worker successfully brings a claim against an employer or another at-fault third party, they can recover actual or “compensatory” damages. Both are critical to compensate an accident victim for their injuries fully.
In Texas, there are two types of actual or “compensatory” damages: economic and non-economic. Economic damages are meant to compensate a claimant for actual economic or pecuniary loss and can often be determined by presenting receipts, medical bills or through the testimony of an expert witness. Examples of economic damages include the following:
- Medical expenses in the past and future
- Loss of earning capacity in the past and future
Non-economic damages are more subjective in nature. Examples of non-economic damages include the following:
- Physical pain in the past and future
- Mental anguish in the past and future
- Physical impairment in the past and future
- Disfigurement in the past and future
In a wrongful death claim, the claimant’s non-economic damages include: loss of consortium and the loss of companionship and society.
Both economic and non-economic damages are crucial to ensuring that an accident victim is fully compensated for their physical and emotional injuries.
Proving a Texas Work Injury Case
To successfully bring a Houston work injury claim, you must be able to prove that another party was responsible for your injuries. In many cases, an employee’s injuries are caused by employer negligence. For example, employer negligence commonly results in the following types of injuries:
- Slips, trips and falls (including for lack of fall protection)
- Electrical injuries
- Spinal injuries
- Blunt force trauma from being struck by machinery or other large objects
Any of these types of injuries could result from employer negligence. Therefore, it is critical that you put an experienced Houston work injury lawyer in your corner to fight for the compensation you deserve.
While most workplace injury claims are filed against employers, other third parties can also be named in a work injury claim. Essentially, any person who caused or contributed to an employee’s injury can be held liable. Common examples of third-party liability in the workplace include injuries caused by the following:
- Defective products
- Dangerous products that lack the necessary warnings
- Toxic substances
- Auto accidents
- Slip and fall accidents occurring outside the workplace
- Contractors, sub-contractors, vendors, customers or fellow employees
Determining who is responsible for a Texas on-the-job accident is not always straightforward. However, with the assistance of one of the dedicated injury advocates at The de la Garza Law Group, we can help you identify all potentially liable parties and pursue the appropriate case against them.
Contact a Houston Work Injury Lawyer Today for Immediate Assistance
If you have been injured on the job, and workers’ compensation is unavailable to you, do not give up hope. At The de la Garza Law Group, we are ready to provide a free evaluation of your potential work injury claim. We will carefully study the facts to discern the story of the wrongdoing. We research and determine the applicable rules. We discover who violated the rules and how. And we determine how these rule violations resulted in the injuries.
At The de la Garza Law Group, 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 and always maintain awareness of the client’s goals for the representation.
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.
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I have been a client of Mr. De la Garza two times now where he shows professionalism and honesty and a definite care for the people he represents I got in a car accident in February and it caused such a hardship coming close to an end its like a breath of fresh air having someone like Mario not only represent you but fight for you, I hope not to have any more accidents but if I did I will look forward to working with him again!
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Mr. Mario de la Garza and his team are one of a kind and hands down the best law firm in Houston. They really do care about you and take your case seriously. He takes your calls and actually takes the time to talk to you and explain how everything is going to work and he leaves no questions unanswered. Thank you Mr. Mario for everything you did for me.
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On behalf of my family, we are extremely grateful to The de la Garza Law Group for all their legal assistance. One important factor for us was that this involved dealing with family where we all lived outside of Texas, which required consideration for numerous phone calls to different time zones to discuss the case.