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By Jim Adler October 4, 2016

Texans who suffer burns, broken bones, amputation or other severe work injuries in the workplace may need an on-the-job injury lawyer to defend their legal rights and claim payments for their losses. Such a work accident attorney can strive to get you paid for your medical costs, lost wages and pain and suffering.

Workers’ Compensation Insurance

Getting paid for a work injury may involve a workers’ compensation insurance claim, provided your employer provides such insurance. Employers are required by Texas law to notify employees whether or not they provide such coverage, but carrying such insurance is at their discretion.

That’s because Texas law is geared to help corporations and big employers more than the people who support their businesses by working for a living. In fact, Texas is the only state in the entire nation — and one of the few places in the world — which doesn’t require employers to provide any workplace injury coverage.

This leaves around 470,000 Texans on their own if they suffer an on-the-job injury.

An additional 1.4 million workers are covered under fake policies or non-subscription policies, by which employers can set their own rules. For instance, they may require workers to report an injury by the end of their shift or within 24 hours, unlike the 30 days provided to make a claim by workers’ compensation insurance.

Even worse, the Texas Department of Insurance says if a worker dies on the job in a work-related accident, over 50 per cent of such non-subscribing employers offer nothing to the person’s survivors.

On the other hand, if an employer does provide workers’ compensation insurance, that can pay for medical expenses and part of your lost salary due to an injury at work or a work-related illness. This is according to the Texas Workers’ Compensation Act, Title 5, Subtitle A, Labor Code.

Again, keep in mind that you must report such work-related injuries or illnesses within 30 days of their occurrence in order to be eligible for the workers’ compensation benefits which some employers provide. For help in doing so, notify an on-the-job injury lawyer with Jim Adler & Associates.

On-the-Job Injury Lawsuit

What if your employer does not carry workers’ compensation insurance? Or what if you are a contract worker rather than an employee? In either case, you may need an on-the-job injury lawsuit.

Such a lawsuit can be aimed at the employer, business owner, business operator or perhaps a third party, such as a parts supplier or independent contractor.

Texas law may favor big business over rank and file Texans, but overall it does provide that employers have a duty to keep a safe workplace safe and avoid injury accidents. Proper equipment must be provided, and safety procedures must be followed.

If that is not done and injuries occur, the federal Occupational Safety and Health Administration (OSHA) will investigate, and you have a right to claim payments, perhaps by means of an on-the-job injury lawsuit.

Such a lawsuit can gain payments for lost wages due to the accident; medical costs and hospital bills because of the accident; and pain and suffering. The first two payments involve precise amounts based on actual costs, while the last involves a pain and suffering calculation, which your accident lawyer can help you reach.

Church’s Chicken $150 Million Lawsuit

One recent workplace injury lawsuit in Texas involved severe burns suffered by employees of a Church’s Chicken restaurant in Livingston, Texas on Aug. 1, 2016.

Two employees, Joselin Damian Gonzalez and Hugolina Guerrero de Garzon, in September 2016 filed a lawsuit in Polk County seeking $150 million in damages for life-threatening, catastrophic burns. Another, Erica Acevedo, is seeking $50 million in a separate lawsuit.

The workers were burned when the floor of the restaurant’s kitchen collapsed, causing a fryer to tip over and pour scalding grease on them.

Common Causes of Work Injuries

A work injury lawsuit can claim negligence by the employer in providing a safe working environment. Other common causes of work injuries are an employer’s:

  • Failure to train employees or contract workers properly
  • Failure to provide fall protection for workers on construction sites
  • Failure to conduct safety inspections
  • Failure to provide safety goggles and other safety elements
  • Failure to maintain an overall safe working environment

Get a Work Accident Lawyer

Again, notify a work accident lawyer with Jim Adler & Associates if you or a loved one was injured on the job and needs payments for work injury losses. To explore getting such a work accident lawyer or an on-the-job injury attorney, contact our law firm today for a free case review.

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