Work Place Injuries: How can you protect yourself when a work place injury occurs?

As is normal for most people, people work for an employer in order to provide for their family and to further their respective careers. But what happens when you are injured in the line of work for your employer? The answer depends on a few things and it is important to understand your rights. If you have been injured in the line of work, it is ALWAYS important to contact an experienced work injury attorney. An attorney can help direct the details of your claim and explain your options to ensure you receive the best possible outcome. Remember, here at Montes & Guevara Attorneys at Law, PLLC your consultation is FREE concerning claims involving personal injuries.

In 2021, private industry employers reported 2.8 million nonfatal workplace injuries and illnesses in 2022, which was up 7.5 percent from 2021 as reported by the U.S. Bureau of Labor Statistics. Additionally, in 2021 it was reported that total fatal injuries amounted to 5,190 which accounted for an 8.9 increase from 4,764 in 2020 according to the U.S. Bureau of Labor Statistics. Construction and extraction occupations had the second most occupational deaths of 951 in 2021 which is actually a decrease from 2021. 

HOW DO EMPLOYERS AND COMPANIES PROTECT THEMSELVES WHEN AN EMPLOYEE IS INJURED ON THE JOB DUE TO THEIR EMPLOYERS NEGLIGENCE?

The simple answer: Workers Compensation Insurance (AKA Workers Comp)

What is workers compensation? This type of insurance coverage is available to an employers to purchase that provides cash benefits and medical care for workers who are injured or become ill as a direct result of their injury on the job. This often results in preventing an injured worker from suing their employer.

SO CAN YOU SUE YOUR EMPLOYER IF THEY HAVE WORKERS COMP?

Historically, it is very difficult to sue your employer when they provide workers comp to their employees. The medical bills you receive as a result of your injuries are usually covered by the companies workers comp coverage. However, a detailed FREE consultation can help determine which claims are available to you pertaining other potential parties.

CAN YOU SUE YOUR EMPLOYER IF THEY DON’T HAVE WORKERS COMP?

Simply said, yes. Texas does not require a private employer to purchase workers compensation, however, in some circumstances a private employer may be required to subscribe to workers compensation. This protects the employee and under a personal injury lawsuit, you may now recover compensation for pain & suffering, mental anguish, loss of consortium and other damages in addition to past and future medical expenses.

If you have been injured on the job, call YOUR attorneys at Montes & Guevara Attorneys at Law, PLLC to set up a FREE consultation and evaluate your case. 

Reference:

www.bls.gov/news.release/pdf/osh.pdf

https://www.bls.gov/news.release/cfoi.nr0.htm

Tdi.Texas.Gov