Millions of work related injuries occur every year. Employers have a duty to provide a safe working environment and to ensure employees are adequately trained. This includes providing a safe location for employees to work, and adequate equipment and tools. Periodic inspections of all safety measures should be conducted to further assure employee safety in physical jobs.
Unlike car wrecks where the responsible party is typically immediately ascertainable, workplace injuries are often the result of several causes. When one or more of these causes include the negligence of the employer or a third party an accident victim is entitled to compensation. The types of injuries are as varied as the causes of injuries and sometimes put the victim in an awkward position when they are still employed by the negligent employer. At Mehaffey & Watson we’ll make every effort to maximize your claim for damages while minimizing the risk of retaliation by your employer.
Many workers incorrectly think that their claim for damages is precluded by the Texas Workers’ Compensation Law. It’s true that if an employer subscribes to qualifying workers’ compensation insurance they’re protected from many lawsuits brought by an injured workers. However, employers often use a more inexpensive form of insurance or let their coverage lapse. These employers are known as “nonsubscribers.” By not having qualifying workers’ compensation insurance these employers open themselves up to the possibility of a personal injury lawsuit. Further, 3rd parties are not shielded from liability just because the employer has workers compensation insurance.
Legal claims for damages, or money for injuries, includes past and future medical expenses, past and future lost wages, lost earning capacity, disfigurement, pain and suffering, emotional distress/mental anguish, and pre-judgment interest, and post-judgment interest. Other injuries include damages for the pain caused for losing a loved one, the loss of consortium or relationship that may come when a loved one is severely impaired, and in some instances punitive damages.