McAllen Work Injury Lawyer
An injury in the workplace can leave you unable to earn a living. Make sure your financial bases are covered by working with a McAllen work injury attorney.
Workers compensation benefits often disappoint work injury victims because they rarely satisfy all of their financial needs, especially when they have been seriously injured.
Fortunately, you may not have to settle for a fraction of your regular wages, particularly if you were exposed to dangerous or negligent workplace conditions that played a role in causing your harm.
To fight for the compensation you deserve, contact a McAllen work injury lawyer at J.A. Davis & Associates, LLP today.
Common Workplace Injuries
It’s important to document any and all physical injuries you’ve suffered on the job. Proper documentation will be a great asset when you and your McAllen on-the-job injury lawyer set out to win you workers comp or personal injury compensation.
The following are some common workplace injuries:
- Traumatic brain injuries, which typically are the result of a hard impact to the head and include concussions and contusions
- Broken or fractured bones
- Severe burns
- Bruising or scarring
- Facial or ocular damage
- Nerve damage
- Organ damage
- Internal bleeding
In extreme cases, a death may occur. If your loved one died as a result of a work injury, you may be eligible for compensation.
Every Industry Has Risks
Workplace injuries can occur in any type of work environment, no matter how safe or dangerous your field is typically perceived to be. Although the construction industry consistently reports some of the highest workplace injury rates in Texas and elsewhere, any injury in any industry deserves full compensation in accordance with the law.
In other words, a broken bone at an office job is no less serious than a comparable break that occurred at a construction site. The severity of your harm and the circumstances surrounding it carry the greatest importance in determining potential damages.
Workers Comp in Texas
In the state of Texas, employers aren’t required to purchase workers comp insurance, although it benefits them to do so in most cases. This is because a lack of liability coverage exposes an employer to legal entanglements that must be resolved through less desirable means, such as in court.
However, all employers in Texas, regardless of the amount of coverage they provide, must report all injuries that occur in the workplace to the state’s Division of Workers’ Compensation.
Fortunately, injured employees in McAllen are granted a number of rights, including the right to legal counsel, the right to proper medical care, the right to choose a doctor, the right to adequate compensation, and the right for claims to be kept confidential.
It’s important to note that, while there are relatively modest limits on the amount of workers comp an individual can receive, there are few limits on compensation for a personal injury case decided by a judge or jury.
For this reason alone, it might be a wise move to pursue litigation if your injuries or losses are substantial. However, your injury claim will have to meet certain criteria to be viable.
When Can a Personal Injury Claim Be Filed?
It must first be made clear that not everyone is eligible to file a work injury claim. Those who are injured at work in Texas usually cannot sue their employers and must instead receive benefits through workers comp.
However, there are several exceptions to this rule. In general, you can file a personal injury claim for a work injury in McAllen if someone other than your employer is responsible for your workplace injury. The following are some examples of situations in which a third party might be liable for your injuries:
- Defective Products – Any product that injures you at work might open the door to a defective product lawsuit. Manufacturers must create products that are safe for use, and they’re liable for injuries when they fail to do that. Workplace products that may injure employees include tools, electronics, and vehicles.
- Toxic Substances – In several industries, McAllen workers work with various chemical substances as part of their everyday duties. If the manufacturer of one of those substances failed to maintain safety standards, and that substance poisoned or otherwise harmed you, you might be able to seek compensation from the manufacturer of the substance in question.
- Other People – If people other than your employer caused your McAllen work injury, you might be able to name them in your claim for compensation. For example, if you were hit by a car while working at a roadside construction site, you might be eligible for compensation from the driver.
Sometimes, however, you might be able to name your employer in your personal injury claim. These scenarios include the following:
- Employer Acted Intentionally or Egregiously – If your employer failed to provide adequate safety equipment or even purposefully caused your workplace injury in McAllen, he or she might be found liable for your injuries and resulting damages.
- Employer Doesn’t Carry Workers Comp Insurance – Work comp insurance is meant to protect employers from financial liability when their employees are injured. When they don’t carry workers comp insurance, they open themselves up to personal injury lawsuits.
Your ability to recover adequate compensation in a personal injury suit will hinge on how well you are able to demonstrate the impact of your injuries on your daily life.
Economic damages are generally limited to the actual financial losses you’ve incurred, while non-economic damages are usually uncapped and include any losses you’ve sustained that cannot be easily quantified into dollars and cents.
If the circumstances of their injury warrant a personal injury claim, workplace accident victims will often be eligible for both economic and non-economic damages.
Economic damages you may be able to claim include the following:
- All medical expenses, including the cost of care in the future
- Lost wages during your recovery
- Reduced earning potential tied to your injury
- Damage to your personal property
Non-economic damages in McAllen work injury claims may include the following:
- Decreased quality of life
- Pain and suffering
- Disfigurement and scarring
- Loss of consortium
- Emotional trauma
If you are able to pursue personal injury compensation for your McAllen workplace injury, you will have to keep in mind a few legal considerations. One of the most important laws to understand is modified comparative negligence.
Modified comparative negligence makes it so you are unable to recover any damages if you’re found primarily responsible for your injuries, which ends up destroying many personal injury claims.
Although this standard can have particularly grave consequences, it is just one of many laws that can dramatically change a workplace injury victim’s outlook for the worse. For instance, it’s critical to file a suit within the period of time the state legally allots, a deadline referred to as Texas’ statute of limitations.
Texas allows personal injury victims up to two years from the date of their accident to sue. Ultimately, for a claim to even be considered valid, it’s of the utmost importance to file it within this two-year window.
Speak with a McAllen Work Injury Attorney
Workplace safety has improved over the decades, but accidents still happen much more frequently than they should. To enhance your ability to make a full recovery, it’s vital to receive adequate compensation, which is where an attorney at J.A. Davis & Associates, LLP can help.
Call us today at 210-732-1062 or fill out the online contact form below to speak with a McAllen work injury lawyer about your case. Our team has decades of experience with personal injury law, and we’re ready to help you.