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Hitchcock Work Accident Lawyer

Getting hurt at work can come with extra complications, like concern about being blamed for the accident. Then you must consider the cost of the medical care and potential time off of work to heal.

Call a personal injury attorney as soon as possible after being injured on the job. A Hitchcock work accident lawyer could investigate your situation and provide you with options to get compensated for all the ways your life has changed for the worse. Schechter, Shaffer & Harris is also highly experienced in handling maritime injury claims.

Employers Who Subscribe to Workers’ Compensation

Workers’ Compensation programs provide benefits to people who suffer work-related illnesses or injuries. Most states require employers to participate in the program but Texas does not. Some employers claim to offer Workers’ Compensation benefits but actually buy insurance outside of the program. A worker could verify whether their employer subscribes to the Workers’ Compensation program here.

If the employer subscribes to the program, the worker cannot opt out. The worker can file a claim for their injury or illness, and Workers’ Compensation will pay for medical treatment and a partial wage if the employee cannot work due to their condition. The program also offers payments for temporary and permanent disability and a death benefit.

A worker cannot sue an employer that subscribes to Workers’ Compensation for negligence. However, if a third party caused or contributed to the workers’ illness or injury, they could claim Workers’ Compensation benefits and then sue the responsible third party with help from a work accident lawyer in Hitchcock.

Take Action Against Non-Subscribing Employers

If an employer is not a subscriber to the Workers’ Compensation program, they have no protection against negligence lawsuits brought by employees. If an employer’s failure to exercise reasonable care contributed to an employee’s injury or illness, the employee could sue the employer for damages. The employer could be liable for the worker’s unreimbursed medical expenses, lost wages, property damage, incidental expenses, and compensation for the worker’s pain and suffering.

In most personal injury cases, Texas law limits the damages a negligent person could collect from other negligent parties and prevents someone from claiming damages if they are more than half responsible for an incident. However, Texas Labor Code § 406.033 bars an employer from arguing that the worker is partially responsible for their injury. Similarly, the employer cannot argue that an employee assumed the risk of the activity that caused them harm.

A Hitchcock attorney must prove that the employer’s negligence led to the workplace injury. Negligent acts or omissions leading to liability could include improper maintenance, inadequate training, careless hiring, lack of proper safety equipment, unsafe working conditions, and similar failures.

Work Injury Claims Against Third Parties

A Hitchcock attorney could review a work accident to determine who was at fault. Sometimes the answer is apparent, such as when an employee is injured in a car accident caused by another driver. Sometimes finding the responsible party requires investigation.

Defective products can injure workers or expose them to toxins that cause illness or disease. The product manufacturer could be liable in such cases. Third parties, such as independent contractors, might take an action or create a condition that leads to a worker’s injury. If so, the third-party contractor is liable.

Someone with a work-related injury or illness could sue a third party even if they receive Workers’ Compensation benefits. Worker’s Compensation would claim part of the employee’s award to cover the benefits they paid. If the injured worker’s employee does not subscribe to this program, an injured worker could sue the third party and the employer if there is evidence of negligence against both.

Consult a Hitchcock Work Accident Attorney About Your Claim

Pursuing work injury claims is straightforward in many states but is complicated in Texas because many employers do not subscribe to Workers’ Compensation. A Hitchcock work accident lawyer knows the law and how to get the maximum compensation for an ill or injured employee.

It does you no good to delay in filing your claim. Call today to schedule a consultation with one of our experienced lawyers.

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