Getting hurt at work can lead to medical expenses, lost wages, and a change in your routine and activities. Whoever caused the situation that led to the injury should pay you compensation for the physical pain and lifestyle change you are experiencing.
Kohl’s is not required to subscribe to the Workers’ Compensation program in Texas, which means it is not immune from lawsuits. You could sue your employer (or a third party) for negligence and demand full compensation for your injuries as a Kohl’s worker. Consult a local work injury attorney about Kohl’s work injury lawsuits in Houston. They could help you explore your legal alternatives and decide on the best course of action for you.
Many work-related injuries result from negligence, which means someone did not take adequate measures to create and maintain a safe environment. Employer negligence can manifest in various ways.
For example, failing to put out water-absorbing mats near the doors on rainy days will lead to wet, slippery floors which could cause slip and fall accidents. Inadequate maintenance of the building’s HVAC systems could lead to mold or other contaminants in the air, which could cause respiratory illnesses. Stock workers might suffer back injuries if Kohl’s does not provide training on proper lifting techniques and insist that employees follow them.
Negligence is at the root of almost all accidents. Many other injuries, like overexertion or repetitive motion injuries, also could be caused by employer negligence. A Houston attorney could look into any Kohl’s injury to determine whether they can bring a lawsuit for employer negligence.
When there is evidence that Kohl’s negligence led to an employee’s injury, they may bring a legal claim for compensation. The employee must prove that the employer’s negligent conduct was a factor in the incident and that the employee suffered harm because of it.
The harm must be documentable. For example, if the employee alleges that exposure to toxic cleaning products caused them respiratory distress, they could collect damages related to the symptoms they suffered. The employee cannot receive compensation for an increased risk of developing lung cancer due to the exposure. However, if they later receive a lung cancer diagnosis, they could then bring a claim against Kohl’s because they would have suffered a documented harm.
When an injured employee brings a lawsuit against a non-subscriber like Kohl’s, their Houston attorney only needs to prove that the employer’s negligence contributed in some way to their injury. Texas Labor Code § 406.033 prevents an employer from asserting that the employee was primarily or even partially responsible for the accident. It also bars them from claiming another worker caused the problem or the injured employee assumed the risk. A worker who can prove Kohl’s was negligent could recoup their medical expenses and lost wages, and receive compensation for their pain and suffering.
Employee injuries are often caused by a combination of factors. For example, if a worker was injured when a shelving assembly in a warehouse collapsed, Kohl’s might be liable for having inadequate safety measures to prevent the collapse. The manufacturer of the shelving also could be liable.
A worker could bring a third-party lawsuit when someone other than Kohl’s had partial responsibility for their injury. The worker could claim the same damages they would claim against the store, but they cannot claim double damages. Kohls and the third party would apportion blame between themselves and each would pay their share of the worker’s total damages.
However, a third party could hold a negligent worker responsible for their part in the accident. A Houston attorney could explain how a worker’s negligent conduct might impact their compensation in a specific case.
Getting hurt at work can cause huge financial problems, in addition to the pain and suffering you experience because of the injury. You deserve compensation from the parties whose conduct led to the injury.
When Kohl’s bears any responsibility for the incident or condition that led you to get hurt, they must pay compensation. Contact a personal injury attorney today about pursuing Kohl’s work injury lawsuits in Houston.
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