WORK INJURY LAWYER HOUSTON, TX
Houston Workplace Injury Attorneys
Your work injury could impact the rest of your life, or it could prevent you from being able to perform your former role at work. Will workers’ compensation insurance benefits account for the full extent of your losses and damages? Will it account for past, present and future damages? What happens if you become disabled by your work injury? You may need the help of a work injury lawyer Houston in your case.
There might be another option. You might be entitled to personal injury compensation if you were injured at work due to the negligence or wrongful act of a third party, such as a contractor, service provider, vendor or defective product manufacturer.
Many people who have suffered serious work injuries do not realize that they have an underlying personal injury claim until they speak with an experienced personal injury lawyer who deals with work claims. Many family members of workers who were killed on the job do not realize that they can pursue wrongful death benefits until they speak with a lawyer. There is a difference between a personal injury claim and workers comp.
Successfully Representing Injured Workers Throughout Houston, TX
At Reich & Binstock, we handle a number of different personal injury and workplace injury cases. Our Houston law firm not only helps injured employees with workers’ compensation claims, but we also file third-party liability claims and personal injury claims. We understand that suffering workplace injuries can be a highly stressful and expensive experience. That’s why we fight on behalf of all our clients to recover damages for medical expenses, lost wages, workers’ compensation benefits, pain and suffering, and even more for their cases.
Maximum compensation for the work injuries you suffered is our goal. We will stop at nothing in pursuit of full and fair compensation for your case. If you’re looking for a legal team with passion, experience, and an in-depth understanding of the field, look no further. The Houston personal injury attorneys at Reich & Binstock are here for you. Call 713-622-7271 today to schedule your free consultation with us.
What Causes Workplace Accidents in Texas?
Workplace injuries occur for a number of reasons. They also vary in frequency and severity. Below, we outline some of the most common causes of workplace accidents in Texas.
Many workplaces, particularly in the blue-collar sector, require employees to operate vehicles or heavy machinery. Employees could get into a car accident while on the job or while performing the duties of their job. An on-the-job accident such as this would be more prominent in the manufacturing, industrial, or agricultural sectors. If this happened to you, you need a commercial vehicle accident lawyer on your side.
An automobile accident isn’t the only way that workers could be injured by vehicles. Oftentimes, blue-collar workers must operate heavy machinery and large pieces of equipment. Examples include forklifts, cranes, backhoes, and much more. When an employee is injured on the job due to dangerous machinery or equipment, they may be eligible for a worker’s compensation insurance claim. Work with a work injury lawyer Houston to increase your chances of compensation.
At Reich & Binstock, we have extensive experience handling toxic exposure cases such as Paraquat claims, Roundup claims, and Mesothelioma claims. While many people associate toxic exposures with agricultural or industrial jobs, office settings can see exposure cases as well. If you work in an office for a long period of time, it is possible to experience asbestos exposure, lead paint exposure, and even mercury exposure. Serious injuries and illnesses such as these usually qualify for workplace injury claims. We recommend speaking with a work injury lawyer Houston for your case.
Loose or falling objects have the potential to strike an employee and cause serious harm. That’s why it is important to adhere to all safety regulations. However, even taking all possible precautions cannot protect you from another person’s negligence. Many personal injury claims that we handle involve negligence causing harm to another person.
Certain workers are even more at risk of a serious on-the-job injury than others. Examples of these workers include oil workers, gas workers, industrial workers, and many more. Damaged gas lines, flammable liquids, open flames, and combustible materials are extremely dangerous when they are not properly stored or cared for. When this level of negligence leads to injury or wrongful death, an injured worker or their family members could have a workers’ comp claim.
Slip and fall accidents can happen in just about any work setting. However, more serious falls often occur in construction settings. This is because construction workers regularly use ladders and scaffolding to reach greater heights. If a worker falls off of a ladder, roof, or other structure, they might have a valid workers’ compensation claim. Speak with a Houston work injury attorney to learn more about your options.
Types of Work Injuries in Texas
According to the Texas Department of Insurance (TDI), approximately 21 of every 1000 employees suffered an occupational injury or illness in 2019.
As per those same statistics, the following occupations have the highest risk of injury.
- Transportation and materials
- Agriculture, fishing, and forestry
- Grounds maintenance and cleaning
- Repair, maintenance, and installation of structures and machinery
Those statistics also outline which work injury claims are the most common. We list these below.
- Making contact with equipment, machinery, or another dangerous object
- Slip and fall accidents
- Bodily reactions to heat and overexertion
- An automobile accident or car accident
More specifically, the following is a list of workplace injuries that happen more often than others.
- Loss of limbs, or amputation
- Traumatic brain injuries
- Spinal cord injuries
- Fractured bones
- Repetitive stress injuries
Who Is Liable for a Workplace Injury?
It can be confusing to determine liability for a workplace injury on your own. That’s why it’s important to work with a Houston personal injury attorney with experience handling work injury claims. Even though you may have sustained your injury at work, your employer is not automatically liable for that work injury. Below, we list a few questions that may help determine liability in your workplace injury case.
- Were you following all safety rules and regulations while on the job?
- Does the employer enforce basic safety rules according to OSHA guidelines?
- When and where did the injury occur?
- Did the employee have any preexisting conditions that were worsened by the job?
- How was the work injury addressed by the employer?
Answering these questions and having qualified legal representation on your side can greatly help your case. A Houston work injury attorney with our firm is standing by to help with your case.
To learn more about the impact that OSHA violations can have in the workplace, take a look at our list of common OSHA violations.
What Evidence Should I Document After a Work Injury in Houston?
Immediately after you suffer an on-the-job injury, it’s important to start gathering evidence to support your work injury claim. This is, of course, if you are physically able. If not, ask a trusted family member or friend to help out. Your Houston work injury lawyer can also help with the gathering of evidence.
Start by documenting the scene of the accident with photos. For example, if you were in a car accident, you should take pictures of all vehicles involved. You should also take pictures of your injuries, no matter how small. We even recommend that you document how well your injury heals. Below, we include other important information to include throughout the legal process.
- Medical care received
- Current and future medical expenses
- Medical supplies necessary for treatment
- Physical therapy or rehabilitation costs
- Deductibles and copays for medical bills
- Workers’ comp benefits explanations
- Travel expenses and tollway fees for medical care
Why Should I Hire a Lawyer After a Work Accident?
By collaborating with medical, occupational, economic and life-planning experts along with the ability to undergo evaluations and treatment from doctors of your choice, a Houston work injury lawyer can establish the full and fair value of your case. Our firm can aggressively pursue litigation against the third party that is responsible for your work injury and hold it accountable for damages, including medical expenses, lost wages/income, emotional distress, physical therapy costs, vocational rehabilitation, long-term disability and other damages.
How Soon After a Work Injury Should You Get a Lawyer?
The best time to consult with a work injury attorney is immediately after you’re injured. An experienced personal injury attorney will be in the best position to guide you through the process of getting you the help and disability benefits you deserve.
What if My Employer Fails to Provide Workers Compensation?
In Texas, if you are injured on the job and your employer fails to provide worker’s compensation, you may be able to file a claim against your employer for negligence, a fake worker’s comp claim or a third-party claim.
What Should I Do If I Am Injured At My Job?
If you are on the job at your place of work when the injury occurs, initially, you’ll need to file a workers’ compensation report immediately.
Can My Employer Fire Me For Hiring a Work Injury Lawyer?
In Texas, employers are specifically prohibited from firing an employee for hiring a personal injury attorney to pursue a work injury claim. Texas Labor Code section 451.001 protects employees who are filing worker’s compensation claims on their own or hiring an attorney to help them pursue a claim.
Is Your Workplace Accident Injury The Result Of Third-Party Negligence?
If your injury was caused by someone other than your employer or a co-worker, you should speak with a personal injury attorney at Reich & Binstock right away. Based in Houston, we represent individual injured workers throughout Texas, and we can speak with you today.
Our founding attorneys, Dennis C. Reich and Robert J. Binstock, are both board-certified in personal injury trial law by the Texas Board of Legal Specialization. They lead a trial-tested team of experienced injury attorneys that knows how to win and can maximize the compensation you deserve.
What Damages Can I Recover for a Work Injury?
It’s important to understand what damages an injured person can seek in these types of legal claims. In most work injury cases, an injured worker can seek economic and non-economic damages. Punitive damages are reserved for cases involving egregious behavior. Below, we outline the specifics of what each category includes.
- Mental and emotional anguish
- Scarring or disfigurement
- Reduced quality of life
- Loss of consortium
- Current and future medical bills
- Lost wages
- Lost earning capacity
- Disability medical benefits
- Reduced earning capacity
- Related out-of-pocket expenses
An attorney will generally only pursue compensation of this type when the defendant in a case exhibited very harmful behavior. It acts as both a punishment for the defendant and a warning to others. In other words, it is very difficult to recover compensation of this type in the average work injury case. However, if negligent employers engaged in obviously malicious behavior, this compensation could be awarded in addition to other damages.
Questions to Ask Your Workplace Injury Lawyer
When choosing the right Houston work injury lawyer for your case, there are a number of questions you can ask. It’s important to ensure that you feel comfortable with your legal representation. This ensures that the legal process will proceed as smoothly as possible. Below, we provide a list of questions to ask a potential Houston work injury attorney.
- Do you have experience with workers’ comp benefits and workplace injuries?
- Have you taken a case like mine to trial in the past?
- What is your initial opinion of my case?
- In which areas of Texas law do you specialize?
- How much say will I have in how my case proceeds?
- Do you operate on a contingency fee basis?
- What happens if my case goes to trial?
- How much experience do you have as a work injury attorney?
- How long will my case take?
Workplace Injury Cases We Handle
Workplace accident cases we handle involve:
- Construction site accident injuries
- Oil and gas industry accident injuries
- Explosion injuries
- Plant and refinery injuries
- Explosion injuries
- Maritime injuries
- Electrocution and electrical burns
- Fire injuries and smoke inhalation
- Toxic chemical exposure
- Occupational diseases such as asbestosis, occupational asthma, eczema and lead poisoning
- Defective tools
- Underwater welding accident cases
- Defective machinery
Workplace Accident FAQs
Worker’s compensation insurance benefits vary depending on the state in which you live. They also depend on the type of workers’ compensation you receive. The following are the maximum weekly benefits as outlined in the Texas Workers’ Compensation Act. These listed amounts apply to fiscal year 2022.
- Temporary Income Benefits Max: $1,058.00
- Impairment Income Benefits Max: $741.00
- Supplemental Income Benefits Max: $741.00
- Lifetime Income Benefits Max: $1,058.00
- Death Benefits Max: $1,058.00
Generally, worker’s compensation does not cover pain and suffering, total lost income amounts, or all other losses of quality of life. If you decide to pursue legal action in the form of a personal injury lawsuit, however, you seek this form of compensation.
You can file a worker’s compensation claim up to one year from the date of the injury. For occupational illnesses, you have a year from the date you knew about or should have known about the injury.
Additionally, you must notify your employer within 30 days from the day you knew your injury or illness was work-related. If you fail to do this, you risk losing your right to accept workers’ compensation benefits.
The best time to hire work injury lawyers is immediately after you suffer your injury. First, it’s important to seek medical attention in order to determine how serious your injuries are. Once you have that information, we recommend speaking with an experienced work injury lawyer right away.
Contact the Houston Work Injury Attorneys at Reich and Binstock
Please call our firm in Houston at 713-622-7271 or fill out the contact form for a free case evaluation. Our national trial lawyers have extensive experience handling work injury law and oil rig injuries in Texas.
Our lawyers also offer free, no-obligation consultations, and we handle all upfront costs of litigation. We only get paid if you receive a recovery on your claim because we work on a contingency fee basis.
There is a never a fee unless we recover on your behalf.