Whether you work in an office building or at a construction site, you should be able to do your job each day without being injured in the process. Unfortunately, workplace injuries occur when employers fail to maintain safe environments or when third parties act negligently, creating dangerous conditions for hardworking people like you.
At Byrd Davis Alden & Henrichson, LLP, we understand the devastating impact a work-related injury can have on your life and your family’s financial stability. As Austin’s oldest personal injury law firm with more than 65 years of experience, we have the knowledge and dedication to help you navigate both workers’ compensation claims and personal injury lawsuits to secure the maximum compensation available under Texas law.
Understanding the Limitations of Workers’ Compensation
In Texas, workers’ compensation helps cover the cost of lost wages and medical bills if you get hurt on the job. While this safety net provides important benefits, it comes with significant limitations that may leave you financially vulnerable during your recovery.
Workers’ compensation does not provide any compensation for pain and suffering, no matter how severe your injuries or how much you have endured. Additionally, lost wage benefits typically cover only two-thirds of your standard wages. This reduction in income can create serious financial strain, especially if you face extended recovery time or mounting medical expenses.
The reality is that workers’ compensation alone may not be enough to cover all your losses and help you rebuild your life after a serious workplace injury. When these benefits fall short, you may need to explore additional legal options to secure fair compensation.
When Civil Personal Injury Cases Become Necessary
When workers’ compensation is not enough, it may be time to pursue a civil personal injury case to seek additional compensation. This approach can be particularly helpful if you work for an employer who does not carry workers’ compensation insurance or if you were injured by someone who was not a coworker and does not work for your company.
Third-party claims can be filed against various parties, including property owners, equipment suppliers, other contractors on the same job site, or drivers in other vehicles. Work-related car accidents represent one of the top causes of workplace injuries, and many involve drivers who have no connection to your employer.
Common Causes of Workplace Injuries
Workplace injuries happen for numerous reasons, and understanding these causes can help you identify potentially liable parties in your case.
- Car and truck accidents
- Repetitive motions
- Falls from heights
- Machine entanglements
- Overexertion
- Slip-and-fall incidents
Each type of accident presents unique challenges in proving liability and determining the full extent of damages. Our experienced legal team conducts thorough investigations to understand exactly how your injury occurred and identify all parties who may bear responsibility for your harm.
Who Can Be Liable in a Work-Related Injury Case
Determining liability in work-related injury cases requires careful investigation, as multiple parties may share responsibility for your injuries and losses. Our Austin work-related injury lawyers launch comprehensive investigations to identify all potentially liable parties and build the strongest possible case on your behalf.
The employer often bears primary responsibility for providing a safe workspace for employees. When employers fail to maintain safe conditions, provide proper training, or follow safety regulations, they may be held liable for resulting injuries.
Managers or higher-level employees who were in charge at the time of an incident may face liability if their negligence contributed to your harm. Similarly, coworkers who act recklessly and cause injury to others can be held responsible for their actions.
Third-party employees, such as contractors or subcontractors, frequently work on job sites alongside regular employees. When these third parties act negligently and cause accidents that injure other workers, they may be found liable for the resulting damages.
Proving the Four Elements of Negligence
To prove liability in your Austin work-related injury case, our legal team must establish the four elements of negligence. The at-fault party must have owed you a duty of care, breached that duty through their actions or inactions, and their breach must have directly caused your injuries and resulting losses.
Gathering evidence to support each element requires extensive investigation, including reviewing safety records, interviewing witnesses, consulting with reconstruction professionals, and working with medical professionals who can testify about the connection between the accident and your injuries.
The Importance of Working With an Attorney After a Work-Related Injury
Suffering a work-related injury can be a devastating experience, impacting not only your physical well-being but also your financial stability and overall quality of life. Working with an experienced work-related injury attorney can make a significant difference in your ability to recover fair compensation and navigate the complex legal system.
may not fully understand their rights under workers’ compensation laws or may underestimate the true value of their claims. A work-related injury lawyer can help ensure you receive all benefits available through workers’ compensation while also exploring additional avenues for compensation through personal injury claims.
The workers’ compensation process involves numerous steps, from filing initial claims to appealing denials and negotiating settlements.
Insurance companies and employers may attempt to minimize or deny legitimate claims, making legal representation essential for protecting your interests.
Maximizing Your Compensation
While workers’ compensation benefits provide coverage for medical expenses and lost wages, they may not fully address the extent of your losses, especially if you have suffered severe injuries or long-term disabilities. Our work-related injury attorneys assess the full scope of your damages, including future medical needs, lost earning capacity, and pain and suffering.
We pursue additional compensation through third-party liability claims against negligent parties when appropriate. By advocating for your interests and presenting compelling cases, we help ensure you receive the maximum compensation available under Texas law.
Damages You May Be Eligible to Collect
After suffering injuries in a workplace accident, you have the right to pursue compensation for various types of damages. The specific damages available depend on the circumstances of your case and whether you pursue workers’ compensation benefits, a personal injury claim, or both.
Economic damages may include medical expenses, lost wages, lost earning potential, and other quantifiable financial losses. Non-economic damages can encompass pain and suffering, emotional distress, and loss of consortium. In cases involving fatal workplace injuries, surviving family members may be able to pursue wrongful death damages.
Contact Byrd Davis Alden & Henrichson, LLP Today
At Byrd Davis Alden & Henrichson, LLP, we are committed to holding negligent parties responsible for their actions. Our team of Austin personal injury lawyers has the experience and dedication to navigate the complexities of work-related injury cases, ensuring you receive the fair treatment and compensation you deserve for your injuries and losses.
For a personalized consultation and to learn more about how we can assist you with your work-related injury claim, contact us today. You can reach our Austin work-related injury lawyers at (512) 454-3751 or by completing our contact form for more information.
