“At J.A. Davis & Associates, we understand the physical and emotional toll an injury can take. Our McAllen personal injury lawyers are here to provide expert legal representation to help you recover.”
Workers’ Compensation Attorney
A Workers’ Compensation Attorney Can Help You: Contact One Of our Law Office’s Texas Workers’ Comp Lawyers
On-the-job accidents are an everyday occurrence. Every day, hundreds of Texans are harmed or injured while performing their employment, and in many cases, these work-related mishaps cause severe injury, and in rare instances, these accidents may even be fatal. More Information Here
Employment-related mishaps and injuries are not limited to dangerous industries like construction and industrial manufacturing. These injuries can be had while doing the seemingly safest of tasks like manning a counter at a convenience store or operating a cash register at a theatre. These injuries can occur and happen in any number of infinite ways. More Information here
Workers’ Compensation law in Texas is designed to protect employees who are somehow harmed and injured while at the workplace. The law is to protect workers who are injured due to an employer who is negligent, careless and/or reckless in providing a safe and secure working environment for its employees, and the law allows employees to be compensated for medical injuries and for lost wages while the employee recovers or rehabilitates from his or her injuries. The problem, however, is that a myth has arisen around the ease of collecting workers’ comp benefits. What most Texans don’t know is that most employers contest and attempt to deny or minimize workers’ compensation claims, and most Texans don’t also know that trying to receive lawful and rightful compensation can be a long and very difficult process. The burden of proof for demonstrating that the employer is negligent and liable for your work-related injuries falls squarely on the shoulders of the harmed employee. You will take on insurance company legal defense teams as you try to prove your claim and this can be a very arduous undertaking. It follows that you will need the help of a skilled, aggressive, and experienced Workers’ compensation attorney to aid you in receiving the rightful and fair compensation to which you are entitled. The attorneys at our Law Office can inform you of your legal alternatives and courses of action to help you attain your rightful claim.
What Kind of Workplace Mishap Claim do you Have?
Texas law does not demand that employers carry or purchase workers’ compensation, and employers are given a choice on whether to opt-out of the program. Texas employers can provide workman’s compensation, or they can purchase general liability or supplemental insurance from a private insurance corporation. This means that compensation for a work-related injury will be determined by whether the employer subscribes to workers’ comp (these are known, therefore, as subscribers), or whether employers purchase insurance from privately-held corporations outside of the workers’ comp program (these are called non-subscribers).
Workers’ Compensation
When an employer purchases workman’s compensation, he or she buys more than simple insurance, the reality is also that they are buying insurance against being sued by harmed or injured employees. Texas law protects subscribing employers from lawsuits because Texas workers’ compensation law, except in very specific circumstances, prevents employees from suing their employers should they have been injured in an on-the-job accident or mishap. Workers’ compensation is designed to compensate injured employees for medical expenses and lost wages while the injured employee is recovering or rehabilitating from the harm. Nevertheless, workmans’ compensation insurance carriers should be viewed and understood as you would view any other business: the carriers exist to make money and increase profits, and many times they will do so at the expense of paying accident victims fair compensation. To save money or increase profitability, these insurance carriers will do what they can to deny or minimize injured worker’s claims and compensation. Each year hundreds of Texans are denied their fair and rightful compensation for their injuries and losses. Though workers’ compensation protects employers from lawsuits, in many cases filing a legal action is the only way injured workers have to receive their rightful and just compensation. If you’ve been injured in a worksite accident, a skilled and experienced workers’ compensation attorney from our Law Office can let you know if your situation allows you to take legal action against a negligent employer to secure your full and fair compensation
An experienced attorney will use one of two exceptions to worker compensation law that permit legal actions to be filed for a worksite accident, mishap, or death, even though the employer subscribes to workers’ compensation. If gross negligence on the part of the employer results in an employee’s death, his family can file a wrongful death claim for the work-related accident.
Furthermore, it is entirely possible that the work-related mishap or fatality is a result of actions and negligence by third parties. In many cases, third parties such as shippers, trucking companies, contractors, vendors, parts manufacturers, suppliers, etc., may have partial or complete liability for an on-the-job accident. In order to successfully identify all the responsible parties for your pain and suffering will require the knowledge of an extremely experienced attorney. Our Law Office workers’ compensation attorneys have over twenty years of experience investigating and wining workplace personal injury and wrongful death claims and they’ve mastered the art of identifying all responsible parties and holding them accountable for their carelessness, recklessness, and negligence.