Workplace Injuries

It can be challenging to obtain the compensation you need when you have suffered a serious workplace injury. You may be facing obstacles and looking to find answers, so we have compiled a list of our most frequently asked questions to help you through the process.

Can I Sue My Employer in the State of Texas?

Some Texas employers offer workers’ compensation benefits that are regulated by the state. Other employers may not, as Texas doesn’t require every employer to provide these benefits. If your employer doesn’t offer workers’ comp, you can file a lawsuit to seek compensation for your injuries.

If your employer does provide workers’ compensation, you may be able to file a lawsuit against your employer under limited circumstances. If your injuries resulted from defective products, another employee’s negligence, or exposure to toxic substances, you may be able to sue.

How Long Do I Have to File a Lawsuit for a Personal Injury in Texas?

The statute of limitations for a personal injury claim is two years from the date of the injury in most cases. Even if you are receiving workers’ compensation, some circumstances may warrant legal action.

There are exceptions to this rule, and the law can be complicated. So, it is best to contact a Texas workplace injury attorney as soon as possible to preserve your right to claim.

How Long Do I Have to File a Texas Workers’ Compensation Claim?

You have 30 days from the date of the injury to file a workers’ compensation claim in Texas. However, filing immediately is preferable, as late claims tend to be denied. The exception to this rule is if the injury is not immediately apparent.

In that case, you have 30 days from the day you should have realized your injury was work-related. Developing cancer from exposure to asbestos would be an example of this.

How Do I Know if I Need Help From a Texas Workplace Injury Attorney?

If your employer offers workers’ compensation benefits, your injuries are minor, and you don’t miss more than a few days of work, there is probably nothing a lawyer can add to your claim. Generally, workers’ comp claims run smoothly, but there are occasions when having a lawyer’s help makes sense.

Some of the following circumstances indicate that you could benefit from hiring a lawyer to help you get the compensation you need:

• Your employer doesn’t offer workers’ compensation
• Your ability to do your job normally has been negatively affected
• Your employer fired you after seeking workers’ compensation
• Your injuries and expenses are not fully covered
• Your accident involved a third party
• Your workers’ compensation claim has been denied
• You are pressured to go back to work earlier than is medically justified

When the amount of compensation required to cover your expenses is a significant sum, it can be extremely stressful. It can be an uphill battle to obtain the proper compensation, and you may face pushback from the insurance company.

If your injuries required surgery, you need a substantial amount of time to recover, or your injuries are not being treated properly, a workplace injuries lawyer in Texas can be a powerful advocate.

Will My Job Be at Risk if I Hire a Workplace Injuries Lawyer to Handle My Case?

You and your job are protected from any retaliatory acts by law. Any retaliation from your employer is expressly prohibited. That being said, it is highly unusual to see this type of reaction from an employer after an employee suffers an injury in the workplace.

In most cases, you are not dealing directly with the employer, but with the employer’s insurance company. Because the insurance companies are for-profit businesses, they generally protect their money aggressively.

Having an attorney on your side can help you to force them to play—and pay—fairly.