Jim Adler | The Tough, Smart Lawyer
By Jim Adler October 4, 2016

work injuries in texas

Construction workers, like these roofing employees run dangerous risks when working at high altitudes and/or without proper safety equipment. –Photo by Terry J Alcorn (iStock by Getty Images)

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.

FREE Case Review

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I went to the office and everyone was so considerate and professional , so my first impression was good, I felt like I was in good hands. Then I received a call from Vanessa Garcia, she was on top of EVERYTHING! I never had to call her, she always called me. She even called to see how I was doing , and if I needed help with anything. That is why I have absolutely no worries.read more
JASMYNE THOMPSON
JASMYNE THOMPSON
13:42 01 Jun 17
My lawyer Bill Adler and case manager Iris Sanchez are amazing! They constantly call and check on you . They keep you up to date through the process. They care about you as a person and not just a client. The wreck was a life changing experience that I've never been through before. I'm just glad I had the right people like Bill Adler and Iris Sanchez to help me through it. Truly satisfied.Thanks and God bless y'all!read more
Tierra Clark
Tierra Clark
18:52 19 May 17
I was dropped from a previous law firm regarding my case before I called Jim Adler. They immediately took up my case and worked hard on it - I was always up to date with each step they took and the benefits or consequences of each. In the end, I am highly satisfied with the outcome and would not have it any other way. It took some time but I truly appreciate and want to thank everybody who helped me on this journey and worked tirelessly on it.read more
Tori Barroga
Tori Barroga
14:17 11 May 17
I am a Patrol Deputy for the Sheriff Office and while working one night, a drunk driver crossed the center stripe on the highway and struck my patrol vehicle head on with his pick up truck. Needless to say we (the drunk driver and I) were both lucky to survive, as the accident occurred at highway speeds. Following my release from the hospital, I knew that I would need to have someone represent me. My employer was happy to represent me in regards to prosecuting the driver for criminal charges but, can do little in respect to the recovery of financial losses for medical bills, pain and discomfort, time lost from work etc... This is how my relationship with Jim Adler and Associates began. Yep, you probably guessed correctly when you think of what made me choose the "Texas Hammer" to represent me. Those half obnoxious, half way entertaining commercials and radio announcements most Texans have been seeing and hearing on the TV and radio for years instantly came to mind. Yes, I wanted to "hammer" this S.O.B. for trying to kill me but, more importantly I was worried about the costs associated with the life long injuries I had sustained as a result of this drunk driver's negligent behavior. I contacted Jim Adler and Associates and so began our relationship. I was immediately surprised by the prompt attention and the expression of genuine concern for my well being that I received from the employees of Jim Adler's office. Now as you can imagine, lawyers are not a breed that is held in very high regard by people in my profession but, my experiences with Jim Adler's office and his employees have forced me to amend my way of thinking, at least on the civil side of the house anyway. I have to chuckle when I say that because my experience as a client of Jim Adler's firm has been exceptionally pleasant. So before I venture down one of the stereotypical and infinite number of rabbit holes associated with the relationship between members of law enforcement and lawyers; I will do my best to stay focused on my experience with Jim Adler & Associates. Upon being informed that my case had been accepted by Jim Adler's office; I was contacted by Iris Sanchez who informed me that she was to be my case manager and any questions, comments and concerns could be directed to her. I was pleasantly surprised to receive regular calls from Iris assisting with my medical appointments and future follow up appointments. Iris had informed me that Jim Adler's son, Bill Adler would be handling my case and I was even more surprised to receive several calls from Bill to discuss my case. Now you might be thinking "what's the big deal" with the person who is representing you contacting you? In reality, you are correct in that it isn't a big deal but, what is noteworthy and what separates Jim Adler's Office from the multitude of other lawyers is the genuine expressions of concern and the desire Bill Adler conveyed to me to do their best to help me. I felt an immediate connection and instantly realized I had made the correct choice in contacting Jim Adler & Associates to handle my case. One thing I think lawyers and police officers can agree on is the proverbial wheels of justice turn very slowly. Months go by and our professional relationship is never neglected. Through the unwavering attention of Iris Sanchez and Bill Adler himself, I never felt "out of the loop" so to speak and always had a clear understanding of where my case was at in regards to the legal process. In conclusion, I know my brief description of my experiences with Bill Adler and, his assistant Iris Sanchez, cannot provide the credit they deserve. Together they have done an outstanding job representing their firm/employer. If you are seeking a great firm to represent your legal interests and, take comfort in establishing a professional relationship that feels more like a friendship than a casual business acquaintance, then I highly suggest Jim Adler & Associates.read more
Erick Becker
Erick Becker
01:20 06 May 17
I am very happy with Jim Adler & Associates. I did not know anyone who has ever used the Law Firm before. The staff is very friendly and treated me as if I were family. At times it got very stressful being without a job. They helped me when I was confused about the process. Mrs. Theresa Rodriguez stayed in contact with me constantly. Checking on me to see how I was doing and to let me know how things were going on there end. The Attorneys that handled my case know exactly what they are doing to take good care of me. Thank You so much Attorney's Mr.Michael Gomez and Mr.Trey Smith.read more
Bernard Orozco
Bernard Orozco
17:16 23 Feb 17
Jim Adler only offer nothing less than a great experience. They are a very well-established organization. They are outstanding on keeping you up to date with cases. There's no beating around the bush with this organization as they are only straight forward with the whole process. They treat their customers like family as well as go above and beyond to fight cases for you only leaving you with nothing but the best experience. Easy 5-star rated organization. I would highly recommend this one organization you not look over.read more
Lorenzo Preston
Lorenzo Preston
17:23 26 Jan 17
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