McAllen Workplace Injury Lawyer
Few McAllen workers worry about injuries at their place of employment, but workers do in fact become injured across a wide cross section of employment. In Texas, a worker is injured, sometimes fatally, every seven seconds. That works out at nearly 13,000 a day! If you have been injured at work you may be entitled to workers’ compensation if your employer has taken out this form of insurance, or you may alternatively be able to file a personal injury claim against your employer. Here at the Patino Law Firm, your McAllen workplace injury lawyer can help you obtain compensation for a workplace injury or illness.
Workers’ compensation in Texas
Texas, unlike most other states in the country, does not make workers’ compensation insurance compulsory for employers. That doesn’t mean that your employer doesn’t have this form of insurance, as there are very good reasons why employers may decide to take it out. However, if you are injured or become ill while at work, one of the first things that you will have to do, if contemplating compensation, is find out if your employer is covered.
The basis of workers’ compensation is that it is a no-fault insurance cover. As long as you, the employee, did not deliberately cause your own injury, or were intoxicated while at work, you have a good chance of securing compensation for the cost of medical treatment and most, but not all, of any lost wages. There may also be help to get you back into work or alternatives if you have been permanently disabled. Another advantage from your point of view is that you do not have to prove that your injury was your employer’s fault. You may be to blame, if only in part, but you may still be entitled to compensation.
The employer gains because part of the way workers’ compensation works is that you are not normally allowed to sue your employer for an injury or illness that happened at work. This could potentially be a lot more costly for the employer if you were to win the lawsuit.
If you are not covered by workers’ compensation
If your employer does not have workers’ compensation insurance, you may still be able to claim compensation from your employer through a personal injury claim. To be able to do this, your injury, or illness, must be due to your employer’s negligence e.g. not providing sufficient training, faulty equipment, lack of safety gear etc. You must also be able to prove that your employer was negligent, too.
The advantage of a personal injury claim, compared to a workers’ compensation claim, is that you are more likely to obtain a far higher compensation payment. It should take into account the full cost of medical treatment and the full loss of wages, including future medical treatment and lost wages. In addition, non-economic damages such as compensation for the pain and suffering and punitive damages may also be part of the settlement.
You should contact a McAllen workplace injury lawyer
Personal injury claims require a higher degree of preparation and more thorough documentation as well as definite proof of your employer’s negligence. Although you are not usually allowed to file a personal injury claim if covered by worker’s compensation, there are situations in which this is still possible. Your chance of winning a personal injury claim is increased significantly by using our McAllen workplace injury lawyer to provide advice about the best claim to pursue and negotiate skillfully on your behalf. Contact the Patino Law Office, serving McAllen, Mission, Edinburg & Pharr, Texas at 956-631-3535 today.