Work Place Accident Attorneys – Personal Injury Law
IF You Have a Workplace Back Injury Or Are Suffering From a Job Site Lifting Injury, Our Work Accident Attorneys At our Law Offices Can Be Of Service.
Our wrongful death and personal attorneys have over twenty years of experience handling cases involving worksite back and lifting injuries. If you’ve been harmed while employed doing heavy lifting for your employer, it’s very possible you may have a cause for legal action in which you can receive justice and compensation for your employer’s negligence.
Should you be considering retaining a lawyer to help you in pursuing an insurance claim or if you are considering a legal action related to your on-the-job injury, the skilled, experienced and aggressive personal injury attorneys at our Law Offices can aid you in receiving full and fair compensation for your lifting injury. Even in what many consider to be “simple” cases, retaining the services of a skilled attorney is often a good move, since the first instinct of most insurance companies is to try to prove your claim lacks merit. With over twenty years of experience in handling personal injury claims concerning lifting injuries, our legal team can aid you with detailed information that can in the end help you receive full and fair compensation for your pain and suffering.
The Problem With Doing It Yourself
Many people mistakenly assume that because some work related injuries seem simple and superficial, it follows then that receiving fair compensation should be a rather simple and straightforward matter. Most people believe that if you hurt yourself while in the performance of your work, then the employer’s insurance will recompense you with little fuss, yet what most Texans don’t know is that this is often rarely the case. There are numerous factors that happen behind closed doors (that many people would be somewhat shocked to know) when it comes to work place lifting injuries. The biggest shock comes when dealing with Texas workmans’ compensation insurance.
Texas Workmans’ Compensation Insurance in Truth Protects Employers
The primary reason employers carry workers’ comp insurance is not to provide quality insurance for their employees, but to protect themselves from lawsuits brought against them by injured employees. Employees who have received back or other injuries while at work will in all likelihood be compensated for their lifting injuries and lost income through workmans’ compensation insurance, but the reality is that most compensation realized through the workers’ comp program is usually far from adequate, and usually not enough to cover the injured employee’s true losses. But just because your employer is enrolled in workman’s compensation, doesn’t mean that you can’t seek relief and truly fair compensation. The work place accident attorneys at our Law Offices can aid you in determining whether there is another party or other parties who may be responsible for your work related lifting injury, and if another party or other parties are involved they may hold partial responsibility for your claim. For example, if you were injured lifting stock off of a manual pallet jack and the pallet jack is somehow faulty or poorly designed, then the manufacturer of the jack may carry partial liability for your injury and pain. In addition to your workers’ comp pay out, whatever damages the manufacturer is responsible for will be added to your total compensation.
More Employers Than You Would Guess Lie About Carrying Workers’ Compensation
Because workers’ compensation insurance has such a good reputation and can truly protect employers from lawsuits, many employers who do not choose to subscribe to the program simply lie about carrying the insurance. Our Law Offices have seen this ploy numerous times. Owing to our experience in working with workmans’ comp cases, we are very, very good at determining employers’ claims about belonging to this State of Texas program. In the possibility that your employer does not belong to workers’ comp, we can aid you in filing a personal injury lawsuit to ensure that you receive full and fair compensation for your lifting injuries.
Texas workers compensation law exempts contract employees from enjoying certain rights and privileges enjoyed by regular employees. Because of this fact, many employers believe they can shirk their employer obligations and duties by hiring what are known as “contract” workers. What this means is that if an employer deems you to be a contract employee, then certain necessary conditions required to form an employer-employee relationship for legitimate workmans’ comp insurance claims is dissolved. It follows in this scenario that a contract worker who suffers an on-the-job back injury is not covered by workmans’ comp or any other employer insurance. By hiring contract employees, many employers mistakenly assume that they are then not responsible for any back injuries that happen to contract workers because they are not addressed in Texas workers’ compensation law.
These employers are deceived, however. Our Law Offices over twenty years of experience has taught us that when dealing with workers’ compensation law and cases, we are usually able to establish that a true employer-employee relationship existed, even if you were hired on as a contract employee, even if you sign a document stating that this is the case or if the employer hires you under that condition. Texas law is unclear regarding the status of a general employee, so there are a number of ways to show your relationship to be one of a regular employee. For example, if your employer withholds federal income tax and Social Security, or if you have to sign and abide by an employee handbook and take mandatory drug testing, Texas law will consider you a regular employee, no matter if you were hired as a contractor. There are many other ways to show that you may be a regular employee, and our extensive experience has taught us every aspect to prove that a traditional employer-employee relationship exits. We can cut through your employer’s terminology to hold your employer liable for your back injury or other harms. Many cases such as these are turned down by many law firms due to technicalities such as these, but by speaking to one of our work place accident attorneys about your back injury, we likely may be able to show your status as a regular employee and hold your employer accountable, and/or find other third parties who may also be responsible for your lifting injuries.