Going to work should not hurt. Even if you do not completely love your job, you deserve to work in a safe environment and earn paychecks, not accrue medical bills. As an employee, you have rights. And if you are hurt on the job, you have injury at work rights to seek compensation. That said, navigating work injury claims can be tricky.
You are not without recourse, though, and with a personal injury lawyer from Wolf Law, PLLC on your side, you put yourself in the best position to exercise your workers’ rights and secure a settlement or verdict to compensate you for your injuries and losses.
The Right to Safety
Under federal law, you have the right to a work somewhere free of safety hazards in the workplace. This means your work environment is free of known health or safety hazards. You also have the right to file a safety complaint without fear of retaliation from your employer.
Despite these protections, and sometimes even despite the best efforts of your employer, work injuries still happen. When they do, you have the right to compensation. The path you follow to pursue compensation depends on your work situation, your employer’s insurance decisions, and the cause of your injury.
To ensure you follow the correct path, consult with a work injury lawyer as soon as possible following the incident. The legal team at Wolf Law, PLLC will review your case and advise you on the best course of action.
It Is a Worker’s Right to File A Claim Against a Negligent Third Party
Sometimes, work injuries are not caused by negligent employers but by third parties. If you have gotten hurt at work you should explore your injury at work rights. Having a skilled workplace accident attorney investigate your situation is an important first step. The investigation will allow your lawyer to identify the at-fault party or parties and collect evidence for your case against them.
Examples of Work Injuries Caused by a Negligent Third Party
There are many ways a third party can cause a work injury. For example:
- You may drive for your job, and another driver may cause a workplace motor vehicle accident
- You may work in the construction industry and be injured when using defective equipment
- You may work in an office building and get hurt on an elevator that is not properly maintained by the elevator company
- You may work in a building improperly designed or engineered. Should the structure, or part of it, collapse and cause you injury, the building architects or engineers may be responsible
- You may work as a semi-truck driver and experience an accident because of brake, steering, or other vehicle malfunctions. Vehicle manufacturers or those responsible for maintaining the truck may be culpable
Whatever your work situation, there is a potential for sustaining an injury caused by a third party. Victims do not always recognize the at-fault party or parties right away, and these entities will certainly not own up to their fault on their own. The personal injury team at Wolf Law, PLLC has the experience and know-how to carry out a proper investigation and identify who to hold accountable for your injuries.
Holding an Employer Responsible for Work Injuries
While some employment situations prevent workers from filing injury claims against employers, not all do. Do not automatically assume your employer is protected from liability. Connect with a Texas work injury lawyer who can make an accurate determination.
If your situation allows for a claim, such as a slip and fall at work, just as with a third-party claim, your attorney will examine the situation and gather evidence to support your case and financial and other losses.
Gross Negligence and Intentional Misconduct
While an employer’s insurance situation may protect them from liability for injuries caused by simple negligence, there is a limit to that protection. If your injuries result from acts of gross negligence or intentional misconduct by your employer, you may be entitled to hold them accountable for another type of compensation.
An employer acts with gross negligence when they intentionally do something or fail to do something that harms an employee. For example, if an employer deliberately disregards federal Occupational Safety Health Administration (OSHA) regulations as a way to save money or get a job done faster, they may have committed an act of gross negligence
Employers who attack or somehow sabotage workers’ safety can also be held accountable for the ensuing losses, as these are acts of intentional misconduct.
Workers’ Rights and Compensation for Injuries and Losses
Injuries are not “singular.” While a single event may cause a single injury, there are ripple effects to work injuries. The common thread running through those effects is loss. When the losses you suffer are caused by someone else’s negligence, the party or parties at fault need to compensate you for those losses.
No two work injury cases are exactly alike, so it is not possible to give an average settlement amount. However, you can expect your personal injury attorney to seek compensation for both economic and non-economic losses.
Economic Losses
Any work-injury “ripples” affecting your bank account are economic losses, including:
- Medical bills
- Future accident-related medical care costs
- Lost wages
- Lost potential earnings and job benefits if your injuries are severe enough to prevent your return to work
- Other expenses incurred by the work injury
Non-Economic Losses
Injuries do not only deplete your finances, they can also diminish aspects of life that do not come with a clear price tag but are of great value. Non-economic damages typically consist of:
- Emotional and mental health damages
- Damage to someone’s physical well-being
- Damage to a person’s overall quality of life
An experienced work injury lawyer will assess your situation carefully and arrive at a settlement demand to cover your financial losses and acknowledge your pain and suffering. If the matter cannot be resolved through negotiations, our legal team can and will take your case to trial.
Protect Your Rights after an Injury at Work in Texas
Wolf Law, PLLC knows Texas law and is dedicated to protecting the rights of workers injured on the job. Do not allow a negligent employer or third party to deny your rights or get out of paying you the compensation you need to recover. Partner with an aggressive and attentive Dallas work injury lawyers from our legal team immediately after your workplace accident. We will manage your case from start to finish and work tirelessly to get you the financial compensation you both need and rightfully deserve. Contact us today to discuss your legal options.