Proving Negligence in Work Injury Cases - San Antonio TX Work Accident Attorneys

Despite the critical protections offered by workers' compensation insurance, a significant number of private companies in San Antonio may not carry this essential coverage. When an employee is injured in a workplace accident and their employer lacks workers' compensation insurance, they are forced to pursue compensation through a personal injury lawsuit. This process requires proving the employer's negligence, a complex task that can be difficult without the help of an experienced Texas attorney. Consulting with a skilled personal injury attorney means simplifying the complexities of the Texas legal system and maximizing the potential for financial recovery

If you’ve suffered an injury in the workplace, the San Antonio attorneys at Carabin Shaw can help to prove your employer’s negligence. Our team has decades of experience representing clients with work injuries, and our client reviews are a testament to the fact that we have a positive impact on their compensation. We have English- AND Spanish-speaking staff, and we offer our services on a contingency-fee basis, so you don’t have to worry about upfront legal costs. Call our toll-free number today at 800-862-1260 to schedule a free case review. Someone is available to speak with you 24/7.

What Is Negligence in the Workplace?

Negligence in the workplace may describe the actions of a worker or an employer. It is a concept that has four required parts for the court to hold a party liable for negligence. Your lawyer will need to prove that all four parts of negligence exist in your accident case, including:

• A duty to act, or not to act: This is the inherent duty to exercise care and avoid causing harm. For example, employers have to provide a safe workplace.
• Breach of duty: A breach of duty occurs when a person does not act reasonably or exercise care when making decisions. This could be anything from failing to maintain heavy equipment to hiring without performing background checks.
• Harm: A plaintiff can only sue if they suffered damages, as that is how the court determines compensation in a civil lawsuit.
• Causation: The breach of duty must have caused the harm, or else the defendant cannot be liable for injuries. This can get complicated in work injury cases because of vicarious liability and scope-of-employment rules.

Examples of workplace negligence include mishandling of machinery, spills left on the floor, distracted driving of a commercial vehicle, and failure to enact safety measures. In a work injury lawsuit in San Antonio, Texas, employers may also be liable for gross negligence and intentional misconduct.

Gathering Evidence to Prove Negligence

Proving negligence in work injury cases requires evidence. For example, in a negligent hiring case that resulted in harm, you must prove that an employer hired a person with a criminal record but also that the offense occurred in a similar scope of employment. In other words, the employer should have seen the potential for a repeat offense.

Other evidence that can help your San Antonio TX work injury attorneys to prove negligence includes:

• Maintenance records
• Photographs of the scene of the accident
• Correspondence that indicates a complaint
• Co-worker testimony
• Expert testimony
• Employee schedule
• Medical records

Workers’ Compensation vs. Suing Your Employer

Hiring an attorney to help you file a workers’ compensation claim is beneficial because it can expedite the process of being awarded compensation. Your lawyer will follow the workers’ compensation regulations to optimize your claim and avoid mistakes that can void your claim.

Non-subscribing employers who don’t carry workers’ compensation insurance are subject to personal injury lawsuits. This leaves them open to liability for noneconomic damages, such as pain and suffering, and gross negligence. Texas does not require all employers to carry workers’ compensation insurance.

Getting Sufficient Compensation for Your Work Injury With Carabin Shaw - Call Today to Discuss Your Legal Options for FREE!

The most important part of any work injury case is getting enough compensation to cover your losses. In workers’ compensation cases, these are monetary losses. If you can sue your employer, it can include more. The legal team at Carabin Shaw has extensive knowledge about work injury compensation, and we can help you get the compensation you deserve after a work accident.

Call 800-862-1260 today to schedule your free case review! No money owed unless we win!

For more information:

• TDI Texas
• Cornell Law
• Statutes Capitol Texas

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