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Baytown Work Accident Lawyer

When you experience a work-related injury, you will undoubtedly worry about the income you are missing out on. If your condition is permanent or chronic, you might be concerned about how you will support your family in the future.

The laws governing who is responsible for work-related injuries are complicated, especially in Texas. Your legal options depend on your profession and whether your employer offers certain benefits.

You need an experienced personal injury attorney to review your situation and explain your legal rights. Contact a Baytown work accident lawyer to speak with a legal professional who has deep knowledge of the subject matter and the skills to obtain a settlement that will compensate you fully.

General Rules for Work-Related Accidents in Most Industries

Most states require employers to participate in the federally supported Workers’ Compensation program, which provides free healthcare for work-related injuries and a partial wage if the employee cannot perform their job while recovering. Texas does not require employers to participate and many do not. A Baytown work injury attorney could confirm whether an employer subscribes to the Workers’ Compensation program.

Although Workers’ Compensation provides valuable benefits, employees give up the right to sue if their employer’s negligence caused an injury in most cases. When an employer is a non-subscriber – the local term for employers who do not participate in Workers’ Compensation – injured employees are free to sue.

The employee must prove the negligence of the employer or a co-worker directly led to their injury. However, the non-subscribing employer cannot raise certain defenses. For example, it cannot allege the injured employee assumed the risk or was partially responsible for their injuries.

Third Party Lawsuits Often Possible

When an employer subscribes to Workers’ Compensation, its employees cannot sue the employer except in cases of gross negligence, which is difficult to prove. However, sometimes a work-related injury is caused by the conduct of a third party. This is often the case when an accident occurs at a construction site, oil field, or other job site where multiple contractors or companies are working. But the situation might arise at any workplace that uses independent contractors, or when a worker is injured in a car accident, fall, or other mishap off-site.

If a party other than a worker’s employer had full or partial responsibility for a work-related injury, the injured worker could hold that party liable for their damages. The third party might be responsible for paying the worker:

  • The portion of their wage Workers’ Compensation does not cover
  • Medical expenses Workers’ Compensation does not cover, if any
  • Compensation for reduced earning capacity
  • Mental health treatment to cope with the effects of the injury
  • Home renovations to accommodate an injury-related disability
  • Value of household services the worker can no longer provide
  • Compensation for physical pain, mental anguish, scarring, lost enjoyment of life, and the injury’s other subjective impacts

A Baytown attorney could help an injured worker document and prove the damages they suffered due to the injury.

Unlike a non-subscribing employer, a third party could raise the worker’s conduct as a defense. If the worker’s negligent conduct contributed to their injury, a court could reduce the damages they collect. If the worker’s conduct was the primary cause of the incident, Texas Civil Practice and Remedies Code § 33.001 prevents the worker from collecting damages from a negligent third party.

Compensation for Injured Workers in the Maritime Industries

Some workers in the maritime trades have access to other federal programs that compensate them for work-related injuries. For example, people who spend 30 percent of their working time onboard a vessel on navigable waters can seek compensation for work-related injuries under the Jones Act. Most dock and shipyard workers receive benefits under the federal Longshore and Harbor Workers Compensation Act (LHWCA).

Texas maritime employers cannot opt out of the Jones Act or LHWCA. Workers have access to the benefits these laws provide if their job duties qualify them.

Seeking compensation for a maritime industry work injury is much different than pursuing a personal injury lawsuit in a slip and fall case or car accident. The rules and procedures are complex and engaging a Baytown work accident attorney is crucial for success.

Seek Out Damages With a Baytown Work Accident Attorney

If you were hurt in a work-related accident, you need legal representation from a law firm with the knowledge, skills, and temperament to stand up to big corporations and their aggressive insurance companies. A Baytown work accident lawyer could help ensure you get the compensation you deserve.

Contact us as soon as possible after your injury.

SMS Legal

SMS Legal N/a
608 Rollingbrook Dr,
Suite C,

Baytown , TX 77521
(832) 572-3532
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