Work Injury Attorneys in Rowlett, Texas - When to Consider a Lawsuit

If you’ve suffered a serious on-the-job injury in Rowlett, Texas, you might be struggling with medical bills or other financial losses caused by your workplace incident. Workers’ compensation may cover some or all of your losses, but there are often other legal options to consider. Calling a lawyer ensures that you give every option informed consideration.

The Rowlett TX work accident lawyers at Carabin Shaw have extensive experience in workers’ compensation cases and workplace incidents that result in personal injury lawsuits. Our law firm helps by providing a free case review to go over your options and answer any initial questions you may have about your potential case. No employee should ever have to pay for employer negligence. Check out our client reviews to find out how we’ve helped others win their personal injury lawsuits.

The Texas Workers’ Compensation Act is the law that provides state-managed insurance for workers in the event that their workplace injures them or causes them to become ill. Not all Texas employers carry workers’ compensation, as the state does not require it. However, employers who do carry it limit their own liability.

Workers’ compensation benefits include:

• Income
• Medical
• Death
• Burial

Benefits are not guaranteed based on the injury being workplace-related. Employers may dispute workers’ compensation claims, claiming the employee was acting recklessly or under the influence of intoxicants. The employer or insurance company may also dispute the medical necessity of treatment. This is why many workers’ compensation cases require a competent attorney to represent the injured employee.

Since Texas does not require employers to carry workers’ compensation insurance, an employee may sue the employer directly following a workplace injury. In this case, an argument of employee negligence is futile.

If an employer doesn’t purchase workers’ compensation insurance, the law subjects them to other legal requirements, including:

• Filing yearly with the Division of Workers’ Compensation (DWC)
• Notifying employees by posting in the office and workplace
• Personally notifying new employees in writing that there is no coverage

Some large companies are able to insure themselves if approved by the DWC, but it is all regulated. Most companies provide workers’ compensation in Texas because it financially protects the business from personal injury lawsuits, which might include large settlements for pain and suffering damages and/or punitive penalties.

The first thing an employee should do when injured on a job is make sure that the situation is safe and seek care for any emergent injuries. Workers should report the injury to his or her employer as soon as possible. Filing a lawsuit is not a given, but you should also contact a competent and experienced lawyer to help you navigate the legal process.

If the case is a standard workplace injury, workers’ compensation law prevents you from directly suing your employer. However, you must sue companies that decide not to carry workers’ compensation in civil court; you may also be able to sue a third-party for related negligence that led to your accident. There is a 2-year statute of limitations on personal injury lawsuits, so Rowlett work injury attorneys will file a lawsuit as soon as possible.

In some cases, an employer engages in gross negligence, and that removes the protection afforded to them by workers’ compensation insurance. In these cases, you may sue your employer despite their insurance coverage. A lawyer is essential in helping you determine whether a lawsuit is appropriate.

A work injury lawsuit in Texas differs from those in other states because Texas is the only state that doesn’t require workers’ compensation insurance. However, most companies still hold this type of coverage because of the liability protection it affords them. The best way to find out how you can seek compensation for your workplace injury is to hire an experienced lawyer from Carabin Shaw.

Don’t Wait To Get The Justice and Compensation You Deserve; Call Carabin Shaw Today! You Pay Nothing Unless Your Case Is Won

Our team of dedicated professionals is ready with English- and Spanish- speaking staff available 24/7 to answer your call to our toll-free number at 800-862-1260. We offer our services on a contingency-fee basis, so you can worry about recovering from your injury instead of paying legal fees.

For more information:

• TDI Texas
• Statutes Capitol Texas