Working in Texas can be dangerous, with several risks to employees’ health and safety. Injuries can range from minor cuts and bruises to more severe accidents such as falls or other workplace-related accidents.
If you suffer an injury at work in Texas, it’s essential to understand your rights and the ways you can get help to recover quickly.
Two Ways You Can Collect Damages in a Workplace Accident in Texas
If you have suffered an injury in a workplace accident, you may be entitled to receive damages in two ways.
The first is through a claim to the Texas Workers’ Compensation Commission (TWCC).
The second way to collect damages from a workplace accident is through a lawsuit. To file a lawsuit in Texas, the injured employee must provide evidence that their employer acted negligently, which led to their injury.
They must also file the suit within two years from the injury’s date or the date they were informed of the injury. An attorney specializing in worker’s compensation can guide you on pursuing the lawsuit best and represent you in court if needed.
How to File Under Texas Workers’ Compensation Commission
1. Notify Your Employer
The first step after you suffer an injury at work in Texas is to notify your employer immediately. This ensures that your employer is aware of the incident and can begin taking any necessary steps to prevent similar accidents.
Furthermore, informing your employer as soon as possible also ensures that any needed medical care or treatment can begin immediately.
2. File an Injury Report
It is important to file an injury report to document the details of the accident. All employers must have an injury reporting form on-site to capture your information. It would be best if you also alerted your supervisor to the specifics of your injury so it can be recorded in the company’s accident log.
3. Access Medical Care Quickly
Once you’ve reported your injury to your supervisor and filed an injury report, it’s important to seek medical care as soon as possible. Be sure to keep all records of the medical attention you receive, as this will be necessary if you decide to file a workers’ compensation claim later.
4. File a Worker’s Compensation Claim
When you suffer an injury at work in Texas, you can file a workers’ compensation claim to help cover the costs of medical care and lost wages.The affected employee must fill out a Texas Workers’ Compensation Commission (TWCC) form to file a claim. The form provides information on the accident’s date, the accident’s description, the accident, the location of the accident, and the details of the injury.
In addition to providing information on the TWCC form, the employee must also provide medical documentation of the injury or illness, medical expenses, and lost wages incurred due to the accident.
The time limit to file a worker’s compensation claim in Texas is one year from the injury or the date you became aware of the injury. You must also be able to provide evidence that your injuries were a direct result of your employment activity.
5. Contact an Attorney
If you are still determining how to proceed with your claim, you should speak with an attorney specializing in workers’ compensation. A workers’ compensation attorney can help evaluate the validity of your case and can guide how to build a successful claim best.
How to Sue Your Employer for Workplace Injury in Texas
When filing a lawsuit for a workplace injury in Texas, there are several steps an individual must take.
First, the injured employee must provide evidence that their employer acted negligently, resulting in their injury. This can include documentation such as workplace communication, doctor’s notes, medical statements, prescription receipts, and pay stubs from employers.
Once all necessary documents have been gathered, the individual must file the lawsuit at the relevant courthouse. This requires creating a legal document, known as a complaint, that outlines the employee’s legal claim against their employer.
Settlement negotiations are an attempt to reach a mutually agreeable resolution without having to go to court.
What to Expect When You Go to Trial for a Work Injury Claim
If a work injury lawsuit in Texas proceeds to trial, both parties can present their case to a judge or jury. During the trial, the injured employee will be responsible for proving that their employer acted negligently and, as a result, caused the injury.
This can include providing witness testimony, documenting expenses related to the injury, and other relevant evidence.
The defendant (the employer) may attempt to disprove the employee’s claims or offer evidence to prove that their negligence was not the cause of the injury.
They may also present evidence to prove that a pre-existing medical condition caused the employee’s injury or that the employee was not following safety protocols.
At the end of the trial, the judge or jury will render a verdict in the case.
Conclusion
If you suffer an injury at work in Texas, you must take the necessary steps to document the incident and get help quickly. Have you suffered an injury, and someone’s liable? Let us help you. Here at AK Law Firm, we specialize in assisting clients in receiving the compensation they deserve after an injury. Our experienced accident lawyers in Houston, TX have the expertise and resources to help you win your case and get the justice you deserve