Personal Injury Law: Can You Sue Your Employer If You’re Injured at Work?

In Texas, all employers are required by state and federal laws to purchase worker’s compensation insurance if more than one worker is hired. The insurance coverage provides payments for medical expenses and wage replacement for all individuals who are injured on the job. Employers are required to follow worker’s compensation laws when starting a claim through their insurer. Workers who sustained injuries learn what to do next by discovering if they can sue their employers after a work-related injury.

How is Worker’s Compensation Claims Filed By Employers?

Worker’s compensation claims are filed through the human resources department after a worker-related accident is reported. The employer sends the worker to an urgent care facility or emergency room for a medical examination. Next, the doctor sends a medical report to the insurance provider for claims processing. A claims adjuster reviews the claim and compares it to the terms of the policy. Their findings determine if the claim is approved or denied.

What are the Deadlines for Claims Filed Through the Employer?

Currently, all workers are required by law to report their injuries or accidents to their direct supervisor within thirty days. A failure to report the accident forfeits their rights to worker’s compensation benefits. The doctor that provides medical care must submit the medical report within 10 days of providing treatment. If a worker is denied worker’s comp benefits, an attorney reviews their original claim and determines if all deadlines were met. To learn more about filing a claim for work-related injuries, visit https://www.kellylegalgroup.com/ now.

Is There a Statute of Limitations?

The state of Texas requires injured workers to file any lawsuit against their employer within one year. Any claims filed after the first anniversary of the accident or injury are dismissed. Workers who were denied worker’s compensation coverage or wage replacement must start a lawsuit quickly to avoid a forfeiture of their rights under the state statute of limitations. The only exception applies to traumatic brain injuries where delayed discovery rulings were used to extend the statute.

OSHA Violations by Employers

OSHA steps in often when worker-related accidents are more disastrous or if more than one worker sustained injuries. For example, in a high voltage environment, federal electrical safety regulations require companies to follow lock out tag out protocols for faulty machinery to prevent an arc flash. If the employer failed to enforce electrical maintenance practices in the workplace, the employer is liable for all worker-related injuries, and the employer faces OSHA violations for failing to provide a safe workplace for their employers.

OSHA violations could lead to the complete shutdown of the business until the conditions are remedied. After a major catastrophe, employers could also face criminal charges due to negligent actions and placing employees at a more profound risk. For example, employers who fail to provide adequate personal protective gear are liable for any worker injuries of any level. The death of a worker due to the accident leads to a wrongful death lawsuit.

When are Legal Claims Needed?

Worker’s compensation lawsuits are filed by injured workers when their employer and/or the insurance provider denied the original claim. To deny the claim, the worker must play a role in causing their own injuries. If the insurer cannot present a just reason for the denial, the worker is within their rights to file a lawsuit. A legal claim is filed to collect compensation when no other measures have been fruitful.

The lawsuits go to court if the employer or their insurance provider was unable to settle out of court. Typically, the worker receives economic damages for their financial losses including medical expenses and wage replacement. Tort-based awards are possible if the worker sustained more serious injuries, such as disfigurements, the loss of organ function, the loss of a limb, or traumatic brain injuries.

Permanent injuries might enable the worker to collect life-long earnings if they win their case. Under the circumstances, the monetary award is calculated according to the worker’s current wages, age, existing health conditions, and their projected life span.

What Does the Claimant Need for a Legal Claim?

The claimant needs records of their original claim, all correspondences from the insurer or employer, and medical records for their injuries. The doctor’s prognosis defines whether or not the condition is permanent or if the worker has lost their ability to work in any industry. If the case goes to court, the doctor might testify and explain the worker’s injuries and how the injuries affect the worker’s life and ability to support themselves financially.

What Could Disqualify the Worker for Benefits?

Under worker’s compensation laws, all workers must follow their employer’s safety policies. An investigation of the accident determines if the worker wore proper work attire and footwear. Personal protection gear is provided to workers according to the hazards the workers face each day. If the worker didn’t wear PPG or appropriate workwear, they are partial at fault for their injuries.

Toxicology screenings are conducted for all workers who are injured on the job. Most companies enforce a drug and alcohol policy, and workers aren’t allowed to use controlled substances or consume alcohol while completing job tasks. Failing the toxicology screening disqualifies the worker from receiving benefits immediately.

Failing to follow proper protocol when using machinery presents a possible denial, too. During their training, workers learn how to use the machinery, equipment, and applications appropriately. Safety controls and other emergency stop buttons are used to prevent accidents. Any failures to complete tasks as explained during training could disqualify the worker for worker’s compensation benefits.

In Texas, worker’s compensation laws protect injured workers against unethical employers and insurance providers. The laws require medical coverage and wage replacement for all qualifying workers. Reviewing the laws defines what deadlines injured workers must meet when starting a claim or a lawsuit. Medical evidence and footage of the accident help the worker present their case to the court. If the employer is guilty of an OSHA violation, it is possible that documentation is available through the government agency. The final outcome of a lawsuit depends on if the worker can prove that their employer was negligent or caused the worker’s injuries.