Houston Industrial Accident FAQ
1. Can I sue my employer for an industrial accident?
Some industrial accidents are entirely the fault of the injured worker, whether through carelessness or recklessness on the jobsite. In many cases, however, the cause of the accident can be attributed to some type of negligence on the part of the employer or a co-worker. For example, the employer may have failed to provide proper training and drilling in following workplace safety regulations or might not have performed adequate inspection and maintenance of equipment and machinery. When this is the case, the injured worker or the surviving family members may have grounds to sue for personal injury or wrongful death, respectively. Even if the employer is not at fault, it may be possible to file a claim for workers' compensation benefits, provided that the company carries such insurance.
To learn about your options for pursuing compensation, contact us at The Daspit Law Firm for a free case evaluation.
2. Are all employers in Texas required to carry workers' compensation insurance?
In most states in the country, employers are legally required to carry workers' compensation insurance to provide for their employees in the event of an on-the-job accident. Texas is not one of these states. Workers' compensation is a no-fault system, meaning that the injured worker is not required to demonstrate that the employer was to blame for causing the accident. If your employer carries a workers' compensation policy, we can help you file your claim. If the employer is a nonsubscriber, however, we will have to help you pursue other options for taking legal action.
3. What benefits can I receive through workers' compensation?
Workers' compensation pays medical benefits so that the claimant can receive sufficient treatment to achieve the maximum possible physical recovery. In industrial accident cases, the amount of treatment that may be required is often considerable. In addition, you can receive disability benefits to replace your lost wages. Disability benefits do not provide full wage replacement, though it is important to note that they are not taxable.
4. What types of compensation can I receive in a personal injury claim?
Personal injury and wrongful death claims can provide you with greater compensation than that which is available through workers' compensation. In addition to payment for present and future medical treatment, you can also receive economic damages for your lost income and reduced earning capacity. Furthermore, you can claim noneconomic damages to pay for your pain, suffering, emotional distress, disfigurement, incapacity and loss of enjoyment of life. In this way, you could receive compensation to offset the significant impact of an industrial accident so that you can more easily move forward from this terrible experience.
5. What if I have developed an illness due to hazardous chemical exposure?
Not all industrial accident claims involve catastrophic injuries occurring in tragic incidents. It is also possible to pursue financial compensation for an occupational disease caused by chemical exposure. Many industrial workers in refineries, chemical plants, manufacturing and other sectors are forced to work in the vicinity of, or directly in contact with, hazardous chemicals that can be toxic and highly dangerous to the health of the worker. If you have developed cancer or some other type of serious illness, we may be able to help you pursue a workers' compensation or personal injury claim.
6. What can I do about pressure not to report my injury?
Employers will often attempt to dissuade injured workers from taking action after an accident. In some cases, the motivation is to avoid the negative consequences of having lost-time accidents reported, while in other situations the goal is to keep insurance premiums down. Fortunately, you have a right to file a claim for workers' compensation or personal injury and should not let threats of retaliation prevent you from moving forward. Under certain circumstances, you may even be able to claim monetary damages if your employer fires or demotes you as punishment for filing an injury claim. Our Houston personal injury attorney can guide you through the process and take action to safeguard your personal interests and your rights.
7. Why should I choose The Daspit Law Firm?
John Daspit has spent several thousands of hours working on high-profile litigation, including cases involving industrial accidents and plant explosions. Attorney Daspit treats every case he represents as though it were his own and works tirelessly to recover fair compensation for his clients. Contact us now to discuss your case and learn more about the strategies we can use to fight for you.