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Filing a Ross Dress for Less Workers’ Compensation Claim in Houston

You have the right to expect your employer to do everything reasonable to protect workers from suffering unexpected and preventable injuries. Unfortunately, workplace injuries occasionally happen because of employer negligence.

If you suffered an on-the-job injury or illness, you need to be aware of what actions to take in filing a Ross Dress for Less workers’ compensation claim in Houston. A dedicated personal injury attorney might be able to help you pursue fair compensation for your losses in a civil lawsuit against your employer.

Filing a Negligence Claim Against an Employer in Houston

Because the company is a non-subscriber to the traditional statewide workers’ compensation program, an injured Ross Dress for Less employee has the right to file a civil suit against the company for financial damages. To prevail, the worker must show that their employer did something that contributed to their injury. Most commonly, people file claims based on the negligence of their employer. Under state law, it does not matter if the employee’s own negligence contributed to the accident; it only matters that the employer’s negligence played some role in the injury.

To prove negligence on the part of their employer, the worker must demonstrate the elements of a legal negligence claim and show the following:

  • The employer owed them a duty of care
  • The employer breached that duty
  • The employer’s breach caused the employee to experience an injury
  • The employee suffered actual damages because of that injury

Experienced attorneys could review the facts of a workplace accident or incident to see if they rise to the level of an actionable legal claim.

Proving the Breach of Employer’s Duty of Care

Employers owe their employees a duty to provide a safe working environment, and certain failures to provide this duty could open them up to liability.

Lack of Training

An injured employee could argue that their employer did not provide sufficient training to its workers. For example, a worker who drove trucks transporting merchandise for Ross Dress for Less could show that they received no training on how to handle a large commercial vehicle before getting behind the wheel. A worker could also argue that another employee’s lack of training caused their accident. For instance, an employee who never received training on how to safely operate a forklift could unintentionally harm another worker who was working on the ground.

Inadequate Safety Gear or Protections

Similarly, an injured worker could show that their employer did not provide them with adequate safety gear or protection. For instance, an injured warehouse worker who fell from a ladder could argue that their employer provided old, unstable ladders.

Insufficient Injury Prevention or Action Plan

Companies should always have an accident prevention plan so they can minimize the risk of injuries, as well as a plan about what to do in the event of a workplace accident. If a company does not have a plan in place detailing what to do, the worker’s injuries could worsen.

A seasoned local attorney could help a Ross worker prove that their employer provided an unsafe workplace by not taking reasonable precautions to protect their workers. A dedicated legal team could investigate the incident to learn about the conditions, speak with other workers, examine employee manuals, and learn about training protocols to prove the employer was negligent.

Contact a Houston Attorney About Filing a Workers’ Compensation Lawsuit Against Ross Dress for Less

Filing a Ross Dress for Less workers’ compensation claim in Houston is not as simple as it should be. Employers and their insurers frequently try to deny liability. To get what you deserve, you need to work with a competent legal team who are not afraid to stand up to large employers and their insurance companies.

Contact Schechter, Shaffer & Harris today to begin working on a claim.

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