In 2009, there were over 4 thousand on the job deaths and over 3 million on the job injuries. Unfortunately, the problems caused by these injuries are often compounded because many injured workers do not fully understand their legal rights. Workers injured on the job all too often assume they are barred from suing their employer. This is not necessarily the case. Workers are only
prevented from suing their employer if the employerparticipates in the state sanctioned workers' compensation program. It’s important to remember that even though your employer provides insurance that covers your medical bills and lost wages or provides you long term and short term disability, this does not necessarily mean that you are prevented from suing your employer. Figuring these issues out can be complicated. That’s why it is important to contact an attorney that has experience
with work place injuries. Call the attorneys at Wilson Trosclair & Lovins today at 214-484-1930 for a free consultation to discuss your rights.
Even If Your Employer Does Participate In Worker’s Compensation, You Still May Have A Legal Claim
Even if your employer participates in the workers' compensation program
, you or your loved ones may still be allowed to seek compensation for your injuries. Many states have exceptions to the exclusive remedy provision for worker’s compensation. One exception is that you are often permitted to sue a “third party.” Workplaces commonly have multiple companies working on a project together. If the negligence of a company that you do not work for, or the negligence of an employee of that company, causes your injury, you may be able to seek compensation from that “third party” company even if you are receiving or have received worker’s compensation benefits. A second common exception is that eh family of a worker killed on the job can sue an employer if the death was caused by “gross negligence.” Determining if your facts fit into an exception is often difficult and requires experienced legal assistance
Workplace Injuries We Handle
We often think of workplace injuries occurring in dangerous places, such as oilrigs, but on the job injuries can happen in any environment, from offices, to kitchens, to plants. A brief list of workplace injuries we take include:
Industrial Plants and Refineries:
Industrial plants and refineries are dangerous places. The risks of explosions and fires are always present. There are numerous rules and regulations promulgated by OSHA and other governmental bodies to help limit these risks and protect worker safety. All too frequently, however, workers are injured because these regulations are not followed or because profits and expediency come before safety.
When you are injured in a vehicle while on the job, it is no longer a straightforward motor vehicle accident. Difficult issues can arise such as workers compensation and insurance coverage issues under commercial general liability policies. Also, there are many types of vehicles in the workplace, including bulldozers, tractors, cranes, ad forklifts, to name a few. These latter vehicles raise additional safety and maintenance issues that require experienced attorneys.
Whether on land or offshore
, few places are more dangerous workplaces than oilrigs. Even if everything goes as planned, there is the constant risk of injury or death. In that environment, safety must be paramount. As we have all learned from the recent BP explosion in the Gulf of Mexico, safety does not always come first.
Just as with industrial plants, construction sites must comply with extensive regulation to protect worker safety. There are specific regulations controlling the use, inspection, and maintenance of scaffolding, safety lines, and harnesses, too mention a few. Failure to follow these rules can result in very preventable injuries and deaths.
Any Work Place Injury:
Helpful Links For Employees
Texas Department of Insurance Workers' Compensation Division
Texas Workers' Compensation Act
Workers' Rights and Laws
How to Report Workplace Safety Violations
Call the Attorneys at Wilson Trosclair & Lovins today at 214-484-1930
Again, if you are injured on the job because of unsafe workplace condition or the negligence of others, we can help. While an office space is normally as dangerous as an oilrig, workplace injuries can arise anywhere. Call the attorneys at Wilson Trosclair & Lovins
today at 214-484-1930
to discuss you injury and see if we are the right attorneys to help you.