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An injury at work can overwhelm you, especially when dealing with medical bills, lost wages, and a confusing legal system. While some injuries may seem straightforward, others can lead to disputes with your employer or insurance company. A workplace injury attorney will help you navigate these legal challenges and fight for the compensation you deserve.
Understanding Your Rights After a Workplace Injury
After an on-the-job injury, you have the right to seek financial compensation. However, your options depend on whether your employer carries workers’ compensation insurance. In Texas, it’s important to note that private employers are not required to provide this coverage. As a result, many employees may have to file personal injury lawsuits instead.
If your employer has workers’ compensation, you must file a claim within strict deadlines. Failing to do so could jeopardize your benefits. Furthermore, even if you file on time, insurers might attempt to deny claims or offer less compensation than you need. Therefore, hiring a workplace injury attorney is crucial. They will ensure your claim is filed correctly and fight against any unfair denials you encounter.
Workers’ Compensation vs. Personal Injury Lawsuits
Workplace injury cases are very unique. Workers’ compensation should cover medical expenses and lost income. However, it does not permit lawsuits against your employer for pain and suffering. If your employer doesn’t provide workers’ compensation, or if a third party—like a subcontractor or equipment manufacturer—was responsible for your injury, you might have the option to pursue a personal injury lawsuit.
A workplace injury attorney will help you determine the best action, whether negotiating with your insurance company or pursuing legal action in court.
Gathering Evidence to Strengthen Your Case
Proving your claim requires strong evidence, and your attorney can help you gather essential documents, such as:
- Accident reports detailing how and when your injury occurred
- Medical records proving the severity of your injury
- Witness statements from coworkers who saw the accident
- Workplace safety violations that may have contributed to the incident
An experienced attorney can prevent you from missing critical details that could weaken your claim.
Protecting You from Employer Retaliation
Retaliation is one of the most significant fears employees have when filing a claim. Some workers hesitate to seek compensation because they fear being fired, demoted, or mistreated. However, it is illegal for an employer to retaliate against you for filing a workplace injury claim.
If your employer takes action against you after you seek compensation, your workplace injury attorney can file a claim for wrongful termination or workplace retaliation. This ensures that you not only receive the benefits you deserve but also that your rights are protected.
Why You Shouldn’t Wait to File Your Claim
In Texas, workplace injury claims must be filed within a specific timeframe. If you are filing for workers’ compensation, you typically have 30 days to report the injury and one year to file a formal claim. In Texas, you usually have two years from the date of your injury to file a personal injury lawsuit. If you delay beyond this period, you risk losing your chance to pursue compensation. Having an attorney who can help you meet all necessary deadlines and expedite your case is important.
Get Legal Help Today
If you’ve suffered an injury on the job, don’t navigate the legal system alone. A workplace injury attorney can help you secure fair compensation while focusing on recovery. Contact us today to schedule a consultation and explore your legal options.
