Workplace Injury Lawyers in McAllen

McAllen Work-Related Injury Lawyers

Few McAllen workers worry about injuries at their place of employment, but workplace accidents happen and are common across Texas. Here, a worker is injured every seven seconds, sometimes fatally. This works out to nearly 13 thousand workplace accidents daily in the Lone Star State. 

If you have been injured at work, you may be entitled to file a work injury claim.

Our specialist workplace injury lawyers in McAllen explain what you need to know about filing a claim after a work-related injury and how you can get compensation.

What Work-Related Injuries and Accidents Can a Workplace Accident Lawyer Help You Claim For?

Getting hurt on the job can be a stressful experience. In addition to recovering from your injuries, you’re likely wondering when you can return to work and worrying about how to make ends meet — all while dealing with medical and other expenses. Some of the most common accidents and injuries that could give rise to a workplace injury claim include:

The McAllen work injury lawyers at Patino Law Firm have experience handling all types of workplace injury claims and can advise you on your legal options.

Are You Entitled to File a Work Injury Claim? About Workers’ Compensation

Workers’ compensation (often abbreviated to workers’ comp) is an insurance many employers take out to cover medical expenses and wages when employees are injured at work. In all states but Texas, workers’ compensation insurance is mandatory, making it a little more difficult — but not impossible — to file a work injury claim.

Just because workers’ comp isn’t mandatory does not necessarily mean your employer doesn’t have the insurance — there are compelling reasons for employers to take it out.

If your employer has workers’ compensation insurance, you can recover the costs of medical treatment and a percentage of your lost wages. The advantage of filing a workers’ compensation claim is that you don’t have to prove the injury was your employer’s fault — only that your injuries happened at work.

If your employer has workers’ comp and you wish to claim from their compensation, you must do so via your employer.

What Happens if Your Employer Doesn’t Have Insurance?

Suppose your employer does not have workers’ compensation insurance. In that case, you may still be able to claim compensation from your employer by filing a personal injury claim with the help of our expert workplace injury lawyers in McAllen.

To file a personal injury claim, your injury or illness must be due to your employer’s negligence. This can include not providing sufficient training or safety gear, supplying faulty equipment, and many other workplace issues. Your workplace injury lawyer will look for ways to prove the employer was negligent, which will be crucial to winning a financial settlement. 

Compared to a workers’ compensation claim, the advantage of a personal injury claim is that you’re more likely to obtain a far higher compensation payment. A fair settlement will consider the full cost of medical treatment and lost wages, including future expenses. With a personal injury claim, you may also receive non-economic damages. These compensate you for pain, suffering, and other losses that cannot be easily quantified.

Filing a Workplace Injury Claim When Your Employer Has Workers’ Compensation Insurance

Depending on your situation, you may be able to receive a workers’ compensation payout from your employer and file a personal injury claim — but only if a third party is liable for your injury.

This can be helpful for you as an employee, as you will likely continue to receive a portion of your wages and have your medical costs reimbursed by your employer. You can then receive additional compensation from the third-party responsible for your accident.

But who might be liable for your injury?

work related problems and injuries

Equipment Manufacturers

If you’re injured at work due to a manufacturing defect or because a tool or piece of equipment has been designed dangerously or does not come with appropriate safety warnings or instructions, your workplace injury lawyer may be able to claim compensation from the manufacturer.

Construction Site Owners

If you work in construction, you likely attend various construction sites where you aren’t employed directly by the site owner.

If your accident is caused by a construction site owner’s negligence (for example, if they fail to monitor the work environment or skirt around health and safety regulations), you may be able to hold them liable.

Contractors and Subcontractors

Contractors and subcontractors may be brought in to perform additional job roles during your employment. They can be liable if they cause an accident.

For example, if contractors are hired to clean your workplace and fail to put out wet floor signs, causing you to slip and sustain an injury, you may be able to pursue compensation from the contractor.

Typically, you cannot sue your employer for your injury if they have workers’ compensation insurance. However, there is an exception. If your employer was grossly negligent and this negligence caused your injury, you may be able to seek compensation from them. One example where this is possible is if your employer is notified about a defect in the workplace and fails to correct it, which later causes your injury. However, you must prove the defect existed and that your employer was aware of it and wilfully ignored it.

Frequently Asked Questions Our McAllen Workplace Injury Lawyers Receive

Should You Hire a McAllen Workplace Injury Lawyer?

Personal injury claims require a high degree of preparation, thorough documentation, and definite proof of your employer’s — or a third party’s — negligence. Whatever your situation, you should seek expert legal guidance from our workplace injury lawyers in McAllen.

Our lawyers for workplace injury can help you determine liability, gather critical evidence, build a strong case, and negotiate with the responsible party to get you the compensation you deserve.

Our McAllen work injury lawyers can also ensure your claim is filed within the personal injury statute of limitations. Typically, you have two years from the date you sustained your injury, but exceptions exist.

To find out whether you have a claim, contact Dr. Louis Patino — the Law Ninja — and his team of work injury lawyers in McAllen and San Antonio by calling 855-LAW-NINJA or filling in our contact form.

You can reach us 24/7.

Find Your McAllen Law Firm

Patino Injury and Accident Attorneys – Available 24/7

Phone

956-631-3535

Address

1802 N 10th St McAllen, TX 78501

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