Galveston Work Accident Lawyer

In most of the rest of the country, when you suffer a work-related accident or injury, you file a workers’ compensation claim and take it from there. You can be assured you will receive free medical treatment and a partial wage if your condition prevents you from working.

Every state except Texas requires employers to provide Workers’ Compensation coverage. That can complicate attempts to get compensation for your work-related injuries, so it is wise to consult a local personal injury attorney. An experienced Galveston work accident lawyer could review your situation, evaluate your legal options, and ensure you get the compensation you deserve.

Determine Whether Workers’ Compensation Programs Apply

Many workers in Galveston might be covered by a federal program that provides benefits for work-related injuries. A Galveston attorney would first determine whether any of these federal programs might apply to the case.

Those who work in the maritime industries or on offshore oil rigs might be covered by the Jones Act, the Longshoreman and Harbor Workers Compensation Act, or the Death on the High Seas Act. Railroad workers also have a federal program they can turn to when they suffer a work-related injury or illness. The Federal Employers Liability Act (FELA) allows railroad workers to sue their employers for injuries or illness if the employer’s negligence played any role in their condition.

Workers’ compensation is a federal program administered by the individual states. It covers workers in industries that are not covered by other federal programs. Although Texas does not mandate most employers to provide workers’ compensation coverage, some still do. An employee could check whether their employer subscribes to workers’ compensation by checking this page on the Texas Department of Insurance website.

If the employer provides workers’ compensation coverage through a healthcare provider network, the worker must seek care from an in-network physician. Otherwise, they must find a physician who treats these kinds of patients. The program pays all medical costs; the employee has no financial responsibility.

Suing an Employer or Third Party for Work-Related Injuries

If an employer does not subscribe to workers’ compensation, an employee could sue them for work-related illness or injury arising from the employer’s negligence.

If a Galveston work-related injury attorney can prove the employee’s injuries resulted from negligence, the negligent party is responsible for paying restitution. The injured worker could seek recovery of lost wages, reimbursement of medical expenses and incidental costs, and compensation for their pain, suffering, inconvenience, disability, and other impacts of the injury.

Lawsuits Against Third Parties

Common examples of a third-party being responsible for a work accident include injuries resulting from defective machinery or products used in the workplace, injuries suffered in a work-related vehicle accident when another driver is at fault, and work-related injuries that happen off-site due to dangerous conditions on the premises. In addition, if an independent contractor’s negligence caused an injury in the workplace, the plaintiff could sue the independent contractor.

When bringing a negligence lawsuit against a third party, the third party could argue that the injured person is partially responsible for their injuries. The law requires a negligent claimant to absorb the portion of their damages that they caused through their own conduct. According to Texas Civil Practice and Remedies Code § 33.001, a negligent claimant cannot collect any damages if they are more than 50 percent responsible for an accident.

Lawsuits Against Employers

When an employer in Galveston Island, Tiki Island, or Jamaica Beach opts not to subscribe to workers’ compensation, an employee could sue them for negligence. Texas law prevents an employer from using some of the defenses normally available to a negligent party. For example, the employer will be wholly responsible for the claimant’s damages even if the claimant was primarily responsible for the incident. An employer also may not shift liability onto another employee to escape liability.

Consult a Galveston Work Accident Attorney to Discuss Your Options

If you were hurt at work, you should not have to worry about paying your medical expenses or absorbing lost wages. Many workers are covered by programs that cover these losses but many more are not.

A Galveston work accident lawyer could investigate the situation and determine whether you are entitled to any benefits. They will also explore whether you have grounds for a lawsuit against your employer or another party. If so, you can put your trust in Schechter Shaffer & Harris to get the job done. Call us for more information.