When you hurt your back at work, it can have a lasting impact on everything from your household chores to your ability to earn a living. Back pain is known to linger, and serious injuries can prevent you from working for months or years to come.
In Texas, you may have the chance to sue your employer if their negligence resulted in your injuries. These incidents can have lasting consequences, and you deserve to be compensated. A Galveston workplace back injury lawyer could help you get the justice you deserve.
Back injuries in the workplace can happen due to a variety of factors. Often, they involve sprains or strains involving lifting an object that is too heavy for one person to carry. Poor body mechanics can also lead to someone hurting their back as they try to lift something.
Other incidents might have nothing to do with lifting heavy objects at all. They can involve acute injuries like an impact from a motor vehicle or a crushing accident caused by heavy machinery. These incidents can damage the spinal column, strain muscles, and result in chronic pain.
While many of these situations occur in the blink of an eye, other back injuries happen over time. Repetitive bending or twisting motions can damage the back muscles over time, as can sitting with bad posture for long periods of time. Any of these incidents could result in a claim for compensation.
Texas is unique in that it allows businesses to opt out of the workers’ compensation system. While other states require the vast majority of companies to purchase insurance and participate in this system, roughly one out of three Texas businesses do not participate. They are known as non-subscribers.
The end result is that people who work for non-subscribers have the right to sue their employer when they are hurt at work due to negligence. These so-called non-subscriber claims are essentially personal injury lawsuits, and they come with some advantages and disadvantages.
The primary reason why non-subscriber claims are preferred is that the available damages in these cases is more than in workers’ compensation claims. People who have suffered a back injury can recoup all of their lost wages and pursue damages based on their pain and suffering—something not possible in a workers’ compensation case.
The major downside to this approach is that a plaintiff must be able to show that their injuries occurred due to negligence. This is a major difference from workers’ compensation claims, which pay benefits no matter who was at fault. Despite it being a no-fault system, insurers frequently find reasons to deny claims. A workplace back injury attorney in Galveston can answer questions on when a lawsuit is an option.
There is a limited amount of time to pursue non-subscriber claims. Just like with a personal injury suit, plaintiffs must comply with the statute of limitations. This legal deadline expires two years from the date of the injury. Calculating this time period is not as simple when it comes to conditions that occurred over months or years. A Galveston workplace back injury attorney can advise on the amount of time a person has to file their lawsuit.
If you suffered a back injury on the job, the pain and reduced mobility can have a lasting impact on your health and well-being. The right legal counsel can answer your questions and assist you with your claim. Call a Galveston workplace back injury lawyer today.
SMS Legal