Workplace Accidents
Employers are required to provide a reasonably safe workplace. This includes safe equipment, proper training, posting of warnings, and compliance with safety regulations. The Texas workplace injury attorneys at the Blankenship Sampson Law Group are experienced in work related accidents, and understand how to document injuries and present workplace accident claims.
The United States workforce includes more than 105 million people. Every year, more than 6 million of these workers get injured and 6,023 more lose their lives on the job, according to the National Safety Council.
While the federal government, through the Occupational Safety and Health Administration (OSHA), regulates work sites to protect workers' safety, injuries and death can occur for a variety of reasons. Among the most common causes of serious work injuries are accidents involving falling objects, workers falling from elevated equipment or structures, highway accidents and those involving cars, trucks, forklifts, factory machinery and other devices. Incidents can also be caused by the negligence of other contractors or subcontractors working at the site.
Many times a workplace injury is the result of the negligence of someone unconnected with the employer. In these types of cases, a separate civil suit can be brought against that person for both economic and non-economic damages. This is called a third-party action. If your employer has properly purchased insurance coverage in compliance with the Texas Department of Insurance, Division of Workers' Compensation, then it may be immune from some types of civil lawsuits. In that event, you will be required to file most of the claims for relief with the Texas Department of Insurance. It is important to speak with an experienced lawyer to determine whether a potential claim will be covered by Workers' Compensation coverage or if a third party has any liability for causing the injury.
There is a significant difference in available remedies when a claim is filed with the Department of Insurance as opposed to a civil lawsuit. The benefits available from workers' compensation is rarely sufficient to replace wages. In addition, benefits make no allowance for the substantial pain and suffering caused to workers in construction site accidents.
If you successfully recover damages for someone besides your employer, your employer's insurance company may seek reimbursement for the sums expended on your behalf. In some situations, the employer's insurance company has to reduce their request for reimbursement to reflect the employer's fault. They may also get a credit against future payments for medical care, requiring you to first expend all of the monies you recovered in the third party suit, before they pay any additional medical bills. The Law Office of Edward Sampson will work with you to determine the proper forum for your claim and to recover the maximum benefits to which you are entitled. Please call our board certified attorney to discuss your case today.
