Were You Injured on the Job?
The state of Texas recognizes two types of workplace injury claims. The first is workers’ compensation. If your employer carries workers’ compensation insurance, you can file paperwork that will allow you to submit a workers’ compensation claim. A Form DWC 041 will need to be filed with the Texas Department of Insurance: Division of Workers’ Compensation.
If your employer does not carry workers’ compensation insurance, they will be recognized as a workers’ compensation non-subscriber. Employees who work for non-subscribers can still seek compensation through a personal injury claim or lawsuit. Some employers who are non-subscribers will offer to pay for part of an injured employee’s medical care; some will even pay for all of it. This does not, however, exempt him or her from a lawsuit if the victimized employee wishes to pursue the matter legally.
By law, an employer is required to notify their employee of workers’ compensation benefits. Information about your access to workers’ compensation benefits should be included in your employee handbook or in the Summary Plan Description that is provided to you at the time that you are offered employment. Some businesses also post this information on the local employee bulletin board. If you’re unsure about whether or not your employer offers workers’ compensation, you can call the Texas Workforce Commission.
Why Work with a Personal Injury Attorney?
On-the-job injuries, like chemical burns should not be dismissed, regardless of the working relationship that you have with your current employer. Employees are rightfully entitled to be provided with a safe workplace. This also includes construction sites. Many of the accidents and occupational disease that occur on the job are the direct or indirect result of an employer’s failure to live up to said expectations. If your employer failed to provide safe working conditions for you and your fellow employees, legal action should be taken with the help of an experienced personal injury attorney in Austin.
Employers can be held liable for accidents and injuries that were caused by:
- Failure to provide adequate manpower to complete tasks
- Failure to warn of potentially dangerous situations
- Failure to provide safety tools and machinery
- Failure to properly train employees
Seeking compensation for an injury that was sustained on the job can be tricky. Injured employees might be asked to speak with representatives from their employer’s insurance company, as well as provide written statements about the accident that left them injured. Although both of these are common scenarios, they are also scenarios that are frequently used against employees who were injured at work. In the absence of an Austin personal injury lawyer, anything you report to an insurance company (even your own) could be twisted and then used against you. Therefore, it is imperative to work with an injury lawyer who knows how to avoid the common traps posed by some insurance companies.
How to Obtain the Compensation You Deserve from a Workplace Injury
Workplace accidents are often underestimated when it comes to the consideration paid to the injures that can result. As such, injured workers should involve an attorney in the matter as quickly as possible. Whether the injuries were sustained in the work environment of a non-subscriber or not, you are entitled to seek compensation for the harm that was caused to you. From construction accidents, to industrial accidents, to business-sector accidents, an attorney can help you pursue workers’ compensation, a personal injury claim, or even a lawsuit.
Some of the many circumstances for which an injured employee can legally seek compensation are:
- Medical bills
- Rehabilitative care
- Inability to work
- Lost wages
- Physical pain
- Mental anguish
- Emotional distress
Seek Council from our Austin Workplace Accident Attorneys
At the Austin personal injury attorneys firm Briggle & Polan, PLLC all of our legal efforts focus on providing representation to persons who were wrongfully or unnecessarily harmed in any way. Many of these persons are the victims of personal injury accidents that occurred while working on the job. At our office, our mission is to help clients take justice back, and it is exactly this mission that has earned us accreditation from the Better Business Bureau and recognition from Texas Watch. In all scenarios of injury accidents, we are prepared to offer our legal advice and skills to those in need.
For a free consultation with an Austin injury attorney, call our Austin office at 512-772-4971 or fill out the contact form on our site.