Dallas, TX On-the-Job Injury Lawyer
Employers should take every step possible to help keep their workers going. This means, in part, providing a safe workspace, proper training, and efficient safety gear and practices to prevent time-loss injuries and catastrophic injuries on the job. When employers fail to do so, their workers can face serious injuries that keep them out of work and make it impossible to support their families.
If you were injured on the job in the Dallas area, our attorneys may be able to help you get compensation for lost wages, medical bills, and other expenses related to the injury. The Dallas on-the-job injury lawyers at The Queenan Law Firm represent injured workers and their families and fight to get them compensation from negligent employers and other parties responsible for their injuries. For a free legal consultation on your case, call The Queenan Law Firm today at (817) 476-1797.
Suing for Injuries at Work in Texas
Victims of on-the-job injuries are often required to use workers’ compensation programs to get financial compensation for their injuries. However, workers in Texas are permitted to opt out of workers’ compensation in the first few days of taking a new job. If you opted out, you may be entitled to sue your employer in the event of an on-the-job injury instead of relying on workers’ compensation. If you did not opt out, you may still be able to sue, but you may be limited to suing only in certain types of cases.
Victims of intentional workplace injuries are almost always entitled to sue the people who intentionally injured them for assault and battery. Similarly, independent contractors and employers themselves are not covered by workers’ comp. and may be entitled to sue the responsible parties for on-the-job injuries. Lastly, if your injuries were caused by a third party or certain types of equipment, you may be entitled to file a lawsuit against the parties that failed to keep the equipment safe or someone other than your employer who caused your injuries.
If you opted out of workers’ comp. in Texas, you can typically sue your employer for their part in causing on-the-job injuries. However, you will need to prove what exactly they did wrong that caused your injury before a judge can order compensation in your case. This typically means pointing to problems with safety training, on-site safety, safety gear, and other issues in the workplace. Many times, safety standards handed down by OSHA or similar state-level agencies can help prove what duty your employer owed you and what they did wrong to allow your injuries to happen.
When you sue for injuries, you will file your case in court. From there, your lawyer will put forth the case to the judge and attempt to negotiate a fair settlement with the at-fault parties. If they refuse to pay damages, the case can be fought at trial where a judge and jury can decide who was at fault and how much you deserve in damages.
Damages in Work Injury Lawsuits in Dallas, Texas
If you were injured at work, filing a lawsuit for your injury often opens up additional areas of damages that you cannot claim in a workers’ compensation claim. Workers’ comp. cases typically allow victims to claim the cost of healthcare related to the injury, but they may be forced to use a doctor their employer chose for them. You may also claim lost wages through a workers’ comp. claim, but the damages might be reduced to only 2/3 of the wages you lost from the injury. You also cannot typically claim compensation for pain and suffering in a workers’ comp. claim.
When you file your case in court instead, you can claim the full value for each of these areas of damages. This means that you can get healthcare on your own with your doctor of choice and, if those damages are reasonable and were related to treating the injuries, you can claim compensation for them in court. You can typically also claim damages for 100% of the wages you lost and wages you will continue to lose going forward, and your employer or another responsible party should be forced to cover these damages.
Lastly, damages for pain and suffering can be claimed in most injury cases. These damages are separate from the damages for medical bills and other economic damages and instead reimburse you directly for the negative experiences of physical pain and discomfort as well as mental and emotional distress that the injury caused you. This can include damages for the physical sensations as well as the effects of the injury on your life, such as the distress at an inability to care for yourself, the pain of not being able to participate in physical activities you enjoyed, and other issues the injury caused.
Other damages might also be included in some injury cases. For instance, injured workers might have a spouse at home who faces harm from the injury as well because they must get a job or they no longer have help with household chores and other tasks. A spouse of an injured worker might be able to claim damages for this and other harms in a “loss of consortium” claim alongside the injury victim’s lawsuit.
Call Our Dallas On-the-Job Injury Attorneys for a Free Legal Consultation
If you were hurt in an accident at work and face time away from your job, medical expenses, and pain and suffering, a lawsuit might be the best way to seek compensation for you and your family. The Dallas, Texas on-the-job injury lawyers at The Queenan Law Firm may be able to help you get financial compensation through an on-the-job injury lawsuit to help cover these expenses and get you the justice you need. For a free legal consultation on your potential claim, call our injury attorneys today at (817) 476-1797.