Understanding Workplace Negligence in San Antonio TX

If your San Antonio employer fails to provide workers' compensation insurance, you may have the right to pursue a personal injury lawsuit. To succeed, your local Texas attorney must demonstrate that your employer's negligence was a direct cause of your workplace injuries. This means proving that your employer breached their duty of care and that this breach resulted in your harm.

Calling the best Texas personal injury attorneys at Carabin Shaw will help you understand the legal details of a personal injury lawsuit and maximize your compensation. Our team has decades of experience in personal injury law, and our client reviews prove that we have the skills to negotiate a fair settlement or take your case to court. Call our toll-free number at 800-862-1260 to schedule a free case review. We offer our services on a contingency-fee basis, and we have English- AND Spanish-speaking staff available 24/7 to take your call.

Negligence is the failure to exercise the care that a reasonable person would theoretically exercise in a comparable situation. When an accident is avoidable, the at-fault party may be held responsible for the resulting injuries. This makes them liable for the damages incurred by the victim.

Your San Antonio work accident lawyer will help you to prove negligence in a personal injury lawsuit, which includes four components:

1. Duty: The defendant had a basic responsibility to prevent harm to others. This responsibility could arise out of property ownership, scope of work, or simply the reasonable expectations of everyday life.
2. Breach of duty: When a person does not perform their basic duty to prevent harm to others, they may be liable for injuries that occur. This can be true even if they are unaware of a hazard when the courts deem the hazard to be under their care or control.
3. Causation: The accident must have caused the injuries for which the plaintiff and his or her lawyer seek compensation. If the negligence caused no harm, then the court cannot hold the defendant accountable for an injury he or she did not cause.
4. Damages: For the court to award compensation, there must be compensable damages. A person can engage in negligent behavior, but a plaintiff cannot file a lawsuit without an injury.

There are many examples of workplace negligence in San Antonio TX, and some common occurrences include:

• Poor hiring practices: The failure to perform background checks or hire people with the adequate skills or experience to perform job duties safely.
• Retaining problematic employees: Keeping employees with recurrent safety complaints or who have exhibited unsafe behavior on the job.
• Unsafe working conditions: Spills and trip hazards can cause slip and fall accidents.
• Exposure to hazardous materials: Workers must have access to proper personal protective equipment. Environmental exposures to lead or asbestos are also common in older work sites.
• Faulty equipment or lack of maintenance: Equipment can become dangerous when employers do not maintain it properly, and faulty equipment may result in a third-party lawsuit.

A workplace injury in San Antonio can be the result of an employer's gross negligence, which can tragically lead to death. Even when an employer carries workers' compensation insurance, family members of a deceased employee may have the right to file a lawsuit for gross negligence. For instance, an employer might be grossly negligent if they knowingly exposed workers to deadly conditions without providing adequate safety measures.

If you or a loved one has been affected by a workplace injury or wrongful death, consulting with a workplace injury attorney in San Antonio about these matters is crucial. The expert lawyers at Carabin Shaw will help you determine if a lawsuit for gross negligence is a viable option.

Negligence is a multi-part concept because it must include all four elements for an employer to be liable for injuries. However, the court may hold employers liable for their actions and the actions of their employees through vicarious liability. Scheduling an appointment with an experienced lawyer from Carabin Shaw is the best path to compensation for your San Antonio workplace injuries. You can find out whether you have a viable lawsuit while also calculating ALL applicable damages and losses.

For more information:

• The Law Dictionary
• Statutes Capitol Texas
• Statutes Capitol Texas