Work – Related Accidents

Work-related accidents happen all too frequently in Texas. Whether they are injuries from electric tools, falls from a roof or even amputations caused by machinery, workplace accidents can be tragic. They can easily disrupt your life, sometimes permanently.
Every three days a worker dies in the construction industry in Texas, making it the #1 state in the U.S. for workplace fatalities.
(Project Labor Defense, 2019 Annual Report)
The Occupational Safety and Health Administration (“OSHA”) is the agency that usually fines Texas companies for safety violations.

If you are injured on the job in Texas, your recovery/compensation rights may be covered by two types of claims:
  • Workers’ Compensation (employer must carry workers’ compensation insurance).
  • Personal injury claim under Texas civil common law (employer does not carry workers’ compensation insurance).
It is essential that you know your rights and hire a personal injury lawyer to represent you. At Pastrana & Garcia we are Hispanic lawyers, we fully understand how difficult and frustrating it can be to navigate the American legal system, we have over 30 years of experience recovering compensation for our clients.

You pay no fees unless we recover your compensation!

Remember, if you are the victim of an workplace accident, YOU ARE NOT ALONE, CALL US, AND ASK FOR YOUR FREE CONSULTATION!

Claims Under Workers Compensation Law

To file a workers’ compensation claim, your employer must have workers’ compensation insurance. However, in Texas, employers are not required to carry workers’ compensation insurance.

Texas law also requires employers to notify each employee that they have up to five days to waive their Workers’ Compensation insurance rights. It is important to clarify that by waiving these rights, the employee retains his or her right to sue the employer for injuries that occur on the job. This scenario is unusual, as employers often do not inform their workers of these rights.

Categories of Workers Compensation Benefits
  • Death benefits;
  • Medical benefits; and
  • Income benefits
There are limits on the type and amount of compensation you can obtain for each of these categories. If you choose to file a workers’ compensation claim, your injury may be covered only if it occurred in the course and scope of your job duties. In other words, the employee must be injured while performing the work directed by the employer. This also includes injuries during work-related travel.

Personal Injury Claims Under Texas Common Tort Law

Texas law also allows injured employees to file a personal injury claim, unlike a workers’ compensation claim, whereby the employer does NOT carry workers’ compensation insurance. Therefore, the employer is subject to civil lawsuits for personal injuries to its employees.

In order for a personal injury claim to be SUCCESSFUL, Texas law requires you to show that your employer failed to provide you with a safe workplace. There are many ways to show this failure. For example, you can show that your employer failed to train its employees properly, failed to warn employees about known hazards (or even hazards that reasonably should have been known), provided dangerous or unsafe tools for the job, among others.
A study conducted by the Texas Labor Defense Project revealed that: 1 in 5 workers suffer a workplace accident and require medical attention. In addition, 60% of workers have never received safety training

(Building a Better Austin, a report by Workers Defense Project, January 2013).

Why is it Necessary to Involve an Attorney in Workplace Accident?

To ensure FAIR COMPENSATION, it is necessary to involve an attorney as soon as possible after a workplace accident. The American legal system can be frustrating and confusing, especially if you are unfamiliar with the laws. At Pastrana & Garcia, Injury Attorneys, we have the complete knowledge of the law for these types of claims, and we also have the resources to conduct the necessary investigations to establish possible employer liability.

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