Houston Workplace Injury Attorney
Have you been injured at work in Houston, TX? You may be entitled to benefits for your medical expenses and lost wages. Workers injured on the job may be entitled to workers’ compensation and/or damages through a personal injury lawsuit in Texas. Attorney Brian White Personal Injury Lawyers is here to help you fight for the full compensation you deserve.
We have more than 45 years of combined legal experience we put to work for you. Contact our law firm for a free consultation with an experienced Houston workplace injury lawyer who will help you protect your rights and build a case for compensation.
How Attorney Brian White Personal Injury Lawyers Can Help After a Workplace Injury in Houston
As an injured worker, the last thing you should be dealing with as you struggle to recover is uncaring insurance companies, mounting expenses, and an inability to support yourself. The Houston personal injury lawyers at Attorney Brian White & Associates, P.C. will help you through every stage of your job injury claim to fight for the compensation you need.
Founding attorney Brian White is Board Certified in Personal Injury Trial Law with numerous accolades. He belongs to the Multi-Million Dollar Advocates Forum with a 10.0 Superb AVVO rating.
When you choose Attorney Brian White Personal Injury Lawyers to represent you in your workplace injury claim, we will put our decades of experience to work to:
- Identify any third parties who may share liability for your accident
- Determine if you qualify for workers’ compensation benefits or have grounds to sue your employer
- Handle all paperwork and communications associated with your claim
- Help you submit your workers’ compensation claim and represent you in an appeal if needed
- Negotiate with the insurance company to fight for the full benefits you deserve
You do not need to handle your workers’ compensation claim alone. Call our law office in Houston, Texas for a free case review with a compassionate Houston workplace injury lawyer who will zealously fight for you.
How Common Are Workplace Injuries in Houston, TX?
Workplace injuries are, sadly, all too common in Texas.
In 2018 alone, there were 488 fatal workplace accidents in Texas caused by:
- Transportation (223)
- Falls, trips, and slips (71)
- Violence (71)
- Contact with equipment and objects (58)
- Exposure to harmful environments and substances (43)
- Explosions and fires (20)
Texas has the highest rate of workplace fatalities in the United States. The most common industries for fatal workplace accidents include service industries, construction and natural resources, and transportation and production. Construction alone is responsible for 1 out of every 5 worker fatalities in the U.S. Common occupational safety and health violations that contribute to these accidents include a lack of fall protection and unsafe scaffolding.
Manufacturing is a major industry in Houston with over 10,7000 manufacturing centers in the city. Nationwide, manufacturing accounts for 15% of non-fatal injuries and illnesses.
In 2019, the leading causes of manufacturing injuries that resulted in days off work were:
- Sprains, tears, and strains (32,470 injuries, 28%)
- Pain or soreness (16,790 injuries, 14.5%)
- Cuts, punctures, and lacerations (15,380 injuries, 13.3%)
In 2015, there were more than 185,000 non-fatal workplace injuries and illnesses in the state. This gives the Texas private industry an injury rate of 2.2 for every 100 full-time workers.
What Is My Texas Workplace Accident Case Worth?
The value of your workplace injury case depends on many factors, including whether you are eligible for workers’ compensation benefits. This no-fault system limits benefits to economic damages like lost wages and medical expenses with a cap on wage replacement.
If you are eligible to file a lawsuit, you may be entitled to additional damages for pain and suffering and more. These non-economic damages will be valued based on factors like the type and severity of your injuries, the treatment you received, and whether you were impaired or disfigured.
During your consultation with Attorney Brian White & Associates P.C., we will help you understand what your case may be worth.
What Kind of Compensation Is Available to Workplace Injury Victims?
Compensation for a workplace injury may be available through workers’ compensation and/or a personal injury lawsuit in Texas. If your employer is a “subscribing” employer and has workers’ compensation coverage, your claim will be made through this system.
Workers’ compensation claims are processed by the Division of Workers’ Compensation with benefits determined by the Texas Department of Insurance.
Workplace accident victims may be entitled to several types of benefits:
- Medical benefits pay for necessary, reasonable medical expenses related to your accident.
- Temporary income benefits (TIB) replace wages while you are recovering. These benefits are either 70% or 75% of your average weekly wages. In 2021, the minimum TIB payment is $151 and the maximum is $1,007 per week. TIB can be received for up to 104 weeks with an extension available for spinal surgery.
- Impairment benefits, known as partial permanent disability benefits in other states. After you reach maximum medical improvement (MMI), your physician will determine if you have a permanent impairment and rate the severity from 1% to 99%. You can receive impairment benefits of 70% of your average weekly wage for three weeks for each percentage of impairment.
- Supplement income benefits may be available after impairment benefits expire. To qualify, you must have an impairment rating of 15% or higher, an inability to return to work and earn at least 80% of your previous wages, and more. You can receive these benefits for up to 401 weeks.
Lifetime income benefits are available for total disability but only in severe cases that involve, for example, permanent paralysis, amputation or two hands and/or feet, or traumatic brain injury. There are additional benefits as well including vocational rehabilitation and death benefits for families of workers killed in a workplace accident.
Workers’ compensation is a no-fault system, but it has limitations. You cannot recover compensation for non-economic damages like pain and suffering.
You may be entitled to file a personal injury claim in addition to workers’ compensation benefits if your injury was caused by a negligent third party, not your employer. You can also sue your employer if they opted out of the workers’ compensation system.
If you qualify to file a personal injury lawsuit, you can potentially recover a broader range of damages such as:
- Medical expenses
- Lost or reduced future earning capacity or disability
- Pain and suffering
- Mental anguish
- Emotional distress
- Punitive damages
A Houston work injury lawyer can help you understand the types of benefits you may be entitled to receive after your workplace injury.
Can I Recover Compensation Outside Workers’ Compensation Insurance in Houston?
Texas is one of just a few states that does not require private employers to carry workers’ compensation insurance. Employers have an incentive to subscribe to this coverage, however, as it limits the amount and type of compensation an injured worker can recover. If an employer is a “non-subscriber” and does not carry adequate coverage, they are also open to being sued by an injured worker.
A non-subscriber employer can be sued by an employer. Texas Labor Code also removes many legal defenses for non-subscriber employers who cannot claim contributory negligence. This means that the employer can be held fully liable for your work-related injury if they are at least slightly negligent even if you share negligence.
If your employer does not have workers’ compensation insurance and they were partially at fault for your injury, such as a violation of Occupational Safety and Health Administration (OSHA) requirements, you may have a claim.
You may also be entitled to compensation in addition to workers’ compensation if your injury was caused by a negligent third party aside from your employer. A third party claim might include injuries caused by a defective product or, for example, a work-related car accident caused by a negligent driver.
We’ll Fight to Recover Compensation for All Your Workplace Accident Injuries
We understand the devastating nature of workplace injuries. You may be prevented from returning to work while suffering a painful and long recovery and an uncertain financial future. Attorney Brian White & Associates, P.C. will fight for maximum compensation for your work-related injuries. We represent clients who have suffered common workplace injuries such as:
- Eye injuries
- Hearing loss
- Lacerations, punctures, and cuts
- Musculoskeletal disorders
- Repetitive strain injuries
- Back injuries
- Brain injuries
- Crushing injuries
- Slip and fall injuries
- Joint injuries including knee injuries
- Nerve damage
- Exposure to toxic fumes or chemicals
- Wrongful death
Contact our law firm to schedule a free consultation with our Houston work injury lawyers. We will help you explore your options for recovering fair compensation.
What Causes Most Workplace Accidents in Houston, Texas?
Workplace injuries can happen in any industry but they are most common in construction, manufacturing, onshore and offshore oil fields, logging, and service industries.
Some of the most common causes of workplace injuries include:
- Traffic accidents, including highway construction zone accidents, caused by negligent drivers
- Dangerous or unsafe work conditions which can include heavy machinery, toxic fumes, or slip hazards
- Defective or dangerous machinery
- Explosions that can cause oil rig accidents
- Repetitive stress or overexertion, leading causes of work injuries, may happen in occupations that require repetitive motions such as typing, bending, or lifting
Attorney Brian White & Associates, P.C. will investigate how your accident occurred. Depending on the circumstances, you may be entitled to compensation outside of workers’ compensation.
Do I Need to Prove Negligence After a Workplace Injury in Texas?
If your employer subscribes to workers’ compensation, you do not need to prove negligence to make a claim for compensation. Workers’ compensation is a no-fault system.
However, you will need to prove negligence to file a personal injury lawsuit. In the case of a third-party lawsuit, you must show another party was liable for your accident and injuries. In the case of a lawsuit against a non-subscriber employer, you must only show that they were at least slightly negligent and contributed to your injury.
How Long Do I Have to File a Claim After a Workplace Accident in Texas?
If you are entitled to workers’ compensation benefits, you must report your illness or injury to your employer within 30 days. You then have up to one year to file a formal workers’ compensation claim for benefits.
If you have grounds to file a lawsuit against a third party or your employer, the Texas statute of limitations to file a lawsuit is just two years. Do not delay in pursuing your claim, however. This can allow vital evidence to be lost and may damage the value and strength of your claim.
Contact Our Houston Workplace Injury Lawyer for a Free Consultation
You should not be left with a significant financial burden and uncertain future after a workplace injury. Attorney Brian White & Associates, P.C. is here to help you fight for the fair compensation you deserve. We can help with filing a workers’ compensation claim, appealing a denied claim, and gathering evidence to support your claim for benefits. We can also help you sue your employer or a third party for damages outside the workers’ comp system.
Contact our law office today to schedule a free consultation with an experienced Houston workplace injury lawyer. We are ready to put our decades of experience to work for you.