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.
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.
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.
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.
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?
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.
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 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.
If you’re injured at work and your employer has workers’ compensation insurance, you must report it to your employer within 30 days from the date the injury occurred. In some cases, you may not know straight away, such as if repeated exposure causes an illness or condition, such as chronic obstructive pulmonary disease (COPD). In this case, you must report your illness to your employer within 30 days of realizing it was related to your job.
If you are eligible to file a work injury claim, the standard personal injury statute of limitations applies. In Texas, you have two years to bring a claim.
If your employer does not have workers’ compensation insurance and their negligent behavior or conduct results in you getting hurt, you may be able to sue them and pursue compensation. Negligence can take many forms, from not following protocols to supplying faulty equipment.
If your employer has workers’ comp insurance, whether or not your employer was negligent is moot, as you only need to prove your injury happened on the job.
If your employer has workers’ compensation, you may still be able to sue, but only if a third party was partly responsible for your injury.
A third party can be a person, like a subcontractor at your place of work, or an entity, such as a company, that provides the equipment you use to do your job.
For example, if your employer has workers’ comp and you severely injure your hand while using a faulty piece of equipment, and you later need a finger amputated, you can file a workers’ compensation claim to cover your medical bills and a portion of lost wages. You can also sue the third-party manufacturer of the faulty equipment to recover compensation for long-term treatment costs and your pain and emotional suffering.
If your employer does not have workers’ compensation insurance or you believe a third party’s negligence or recklessness has caused your injury, you should at least consult a personal injury attorney to see if you have a claim.
While you do not need to hire an injury lawyer to claim compensation, having an attorney in your corner has multiple benefits. Our workplace injury lawyers in McAllen are experienced negotiators who can fight to recover the maximum possible compensation and gather evidence to support your claim while you focus on your recovery.
At Patino Law Firm, our motto is “no fee until we win.” That means you’ll never be hit with upfront costs and will only pay legal fees if we win your case.
The percentage of your settlement your attorney takes varies depending on the complexity of your case and if you settle or decide to go to trial. We will tell you how much you can expect to pay during your free, no-obligation case review so that you have this information before making a decision.
This depends on the nature of your claim. Workers’ compensation payouts cover only your medical bills and a percentage of your lost wages — not additional damages such as pain and suffering.
However, you can recover compensation for pain and suffering and emotional distress (called non-economic damages) in a personal injury claim.
You can typically only recover these damages from your employer if they do not have workers’ comp insurance. However, you may be able to recover them from a third party if their negligence caused or contributed to your injury.
When you’re injured at work and your employer has workers’ compensation insurance, it’s up to your employer to report the accident. If they do not, you can get advice from the Texas Division of Workers’ Compensation (DWC), the state agency responsible for regulating workers’ comp benefits. You may also wish to consult a dedicated workers’ compensation attorney.
Please note that we do not handle these types of claims, but we can advise you on whether you have a case against a third party or your employer for gross negligence.
If you’re injured on the job, the first thing you should do is report it to your employer and find out if they have workers’ compensation insurance. Even if they do not, reporting the accident gives you a record of when and where the accident occurred, which can support a compensation claim.
If your employer has workers’ compensation insurance, they are responsible for reporting it to the DWC.
You should also seek medical treatment for your injury. With both a workers’ compensation claim and a personal injury claim, you can recover your medical expenses.
It’s also worth consulting our McAllen workplace injury lawyers. As previously stated, you may be able to recover compensation regardless of whether your employer has workers’ comp insurance. These claims can be complex — especially if multiple parties are at fault — but our attorneys can advise on your options and determine if you’re entitled to significant compensation for your medical bills, lost wages, pain and suffering, and more.
We offer a free, no-obligation case review so you can find out if you have a claim.
No, we do not handle workers’ compensation claims (to recover medical bills and lost wages from your employer when they have this type of insurance).
However, we can help you sue your employer if they do not have workers’ compensation insurance — or a third party if their negligence or recklessness caused you to get injured on the job.
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.
Patino Injury and Accident Attorneys – Available 24/7
