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Dangerous Workplace Injuries
Texas workers face potentially dangerous work situations every day. Almost all employees are protected by workplace health and safety regulations under laws enforced by the Occupational Health and Safety Administration (OSHA) and the Worker's Health and Safety Division of the Texas Worker's Compensation Commission (TWCC). Despite the numerous state and federal regulations, thousands of employees are injured or killed in work-related accidents each year.
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Employer Responsibility
Under the Texas Workers Compensation Act, an injured worker may be entitled to benefits for on-the-job injuries. The worker is not required to show that the injury was caused by the negligence of the company or a co-worker to recover; he simply must show that the injury was work-related. The benefits available to the worker under such circumstances may include medical expenses, lost wages (at less than 100% of the worker's wage), and disability benefits. If the worker dies from his injuries, a spouse may receive lifetime "death benefits" (again, at less than 100% of the worker's wage), and minor children may receive benefits up until the time they reach 18 years of age. Dependents of the worker may also qualify for death benefits. The workers' compensation system, while worthwhile, is not designed to fully compensate a worker or his loved ones for their loss.
Unfortunately, the Texas Worker's Compensation Act does not require all employers to maintain worker's compensation insurance coverage. In Texas, many employers elect not to buy a worker's compensation insurance policy. This leaves the worker in a very precarious situation. Sometimes, the employer establishes an Employee Benefit Plan to cover on-the-job injuries. However, these plans are typically not as favorable as benefits that a worker could receive under a worker's compensation insurance policy, and the workers are left to the mercy of an employer-controlled program. I know, because I used to create such plans for employers before deciding to help employees. In the worst of cases, the employer simply decides not offer any type of insurance coverage or plan to help injured employees, and they are left to fend for themselves.
In Texas, if an employer elects not to buy a worker's compensation insurance policy, it may be held responsible for damages suffered by a worker. In Texas, employers are under a duty to provide a safe workplace for their own employees. Further, they are obligated to provide the workers with safe tools and equipment to perform their jobs, and to properly and adequately train and supervise their workers. If an employer fails to live up to these obligations, even in the slightest, it can be held responsible for the injuries suffered by a worker and his family.
Third-Party Responsibility
Even if an employer has a workers' compensation insurance policy, and the worker collects benefits for his injury, he may still be entitled to further compensation if the injury was caused by the employee of another company on the jobsite. For example, on construction sites it is common to have a number of different subcontractors working at the same time. Materials are constantly being delivered by trucking companies. If an injury is caused by the negligence of one of these other workers, the injured worker may make a claim for the full amount of his damages. While the workers' compensation insurance carrier may be entitled to reimbursement for amounts it has paid, the worker will receive 100% of his damages.
If injury or death results from a work related accident, you will need a skilled lawyer in on your side to recover the benefits to which you are entitled. Hiring an experienced Texas trial attorney can help you and your family recover the full amount of the damages you sustained. The Pastrana Law Firm has successfully handled numerous work-related accidents, and will work diligently to investigate your accident and secure for you and your family money damages to which you are entitled.
If you or one of your family members suffered severe or fatal injuries in a work-related accident, the Pastrana Law Firm stands ready to help. Call our toll-free number or email us, and we will provide you a free consultation to properly evaluate your claim.
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