In the state of Texas, private employers can choose whether or not they want to offer workers’ compensation insurance coverage. Your employer is usually required to notify you if they do or do not offer coverage. If injured while on-the-job, you need to discuss your options with the Garcia Law Group – NOT the employer. Contact us today at 956-661-8000 for a free consultation.
Every year, more than 4.1 million workers suffer a serious job-related injury or illness. Many of these workplace accidents involve serious, life-changing, injuries such as the loss of limb, broken bones, or exposure to toxic chemicals that can cause diseases.
In the state of Texas, work-related injuries happen at an alarming rate, and frequently occur in the industries of construction, electrical, refining, manufacturing, and other such work environments that involve working with machinery and hazardous material.
As catastrophic work injuries inevitably lead to time off work – or an inability to return to work – they can ultimately result in lost wages. At the Garcia Law Group, we aim to ease the burden and to help you receive the justice and compensation you are rightfully due.
How do I know if my injury qualifies?
The type of workplace injury, whether you are an employee or independent contractor, the type of insurance coverage a company has, and the laws and regulations of the state, must all be taking into account in order to properly investigate what an employer’s liability may be for an on-the-job injury.
Employers in the state of Texas must keep the work environment safe and have a duty to provide proper safety equipment to help workers get the job done effectively. A failure to meet state or federal regulations can result in a catastrophic accident and will affect employer’s liability.
Common reasons for injuries at work include:
- Unsafe work conditions
- Lack of safety equipment
- Lack of proper training
- Improper supervision
- Failure of safety inspections
- Negligent hiring or retention of unqualified personnel
Common types of on-the-job injuries include but are not limited to:
- Falls from elevated heights
- Slip and fall accidents on wet floors
- Electrical shock
- Industrial accidents and explosions
- Construction site accidents
- Mechanical accidents leading to limb disfigurement or loss
- Injuries to eyes because of a failure to provide safety goggles
- Exposure to hazardous chemicals
Texas Workers’ Compensation Insurance vs. Nonsubscriber Claims
In the State of Texas, private employers are not required to offer workers’ compensation, but if they do subscribe, they are protected from personal injury lawsuits.
Employers who opt-out of the state-run workers’ comp insurance are known as “nonsubscribers” and can possibly be held liable in a work injury lawsuit.
Employers may also carry invalid comp plans that attempt to force employees into waiving their common legal rights. These are void in Texas, but employers may still utilize scare tactics to force an injured employee to back down. It’s vital that you do not accept what is told you to by the employer, but rather seek the professional guidance of personal injury firms like the Garcia Law Group.
Third-Party Insurance Claims
Even if your employer does subscribe to the state workers’ compensation program, there should still be a thorough investigation into 3rd-parties such as equipment manufacturers. An injury caused by defective equipment would fall under product liability law.
Third-party insurance claims can also occur between multiple contractors working on the same project. If a contractor from third-party causes catastrophic injury to another contractor from another company, there is the possibility of receiving compensation from both workers’ compensation and from the employer of the at-fault party.
Ethnicity in Personal Injury Claims
Sadly, more Hispanic workers are injured or killed on the job in relation to other workers. Over a 15-year period, Hispanic worker deaths increased by nearly 80% in comparison to a national decline of about 8%.
Unfortunately, research indicates that Hispanic workers are failing to receive proper job training and work in industries with higher rates of on-the-job injuries. However, this negligence by employers can be indicative of a favorable settlement for a worker injured on-the-job.
What you should do next.
The combination of physical, financial, and emotional strain can quickly lead to bigger problems for a worker who has had to deal with a catastrophic on-the-job injury.
Let the Garcia Law Group help you obtain the compensation you and your family deserve. Our experienced attorneys will help to fight your legal battle against any company or employer that has acted unjustly and illegally.
The Garcia Law Group will thoroughly investigate and develop a legal plan based on your specific needs and injuries to help you secure financial compensation for your pain and suffering, loss of present and future wages, and for your medical expenses as well.
We are also able to provide quality legal support for English & Spanish speaking victims in the Rio Grande Valley and all throughout the State of Texas.
You shouldn’t have to suffer because you worked diligently to provide for your family. You’ve worked hard enough; now let the Garcia Law Group work for you.