Can I Sue My Employer if I Am Injured at Work?

If you were injured at work, you would typically seek financial recovery through workers’ compensation. However, there may be some exceptions in which you could sue your employer if you are injured at work. One of the most important rights you have as an employee is to work in a safe environment.

Federal Law Ensures Your Right to a Safe Workplace

The Occupational Safety and Health Administration (OSHA) Act of 1970 is a federal law that protects your rights in Texas, the other 49 states, and the District of Columbia.

Under the OSHA Act of 1970, you have the legal right to:

  • Work in a safe, hazard-free workplace with proper equipment, maintenance, and training
  • Receive information, education, and training on potential hazards and how to avoid injury or illness
  • Review all OSHA standards and laws, including records of work-related injuries and illnesses
  • File a complaint with an OSHA inspector without retaliation from your employer
  • Copies of any tests that measure workplace hazards or safety violations
  • Review OSHA safety materials at work

It is Possible to Sue Your Employer in Certain Situations

Most states require that private employers provide state-regulated workers’ compensation. Texas does not.

If you were injured at work in Texas and your employer does not offer workers’ compensation, you have two options:

  • You could file a personal injury lawsuit against your employer. Texas law generally gives you two years from the date of your accident to file a lawsuit.
  • You could file a claim against your employer’s private insurance.

Additionally, you could sue your employer if you were injured at work under certain circumstances. You may have the right to sue your employer if you are injured at work by:

  • Defective products
  • A toxic substance, such as asbestos
  • Another employee’s negligence

Filing a Claim Through Workers’ Compensation

If your employer provides state-regulated workers’ compensation, you are required to notify your supervisor about any work-related injuries or illnesses. Your employer then files a workers’ compensation on your behalf.

You have the right to read this claim. Once the claim is processed, your medical bills and other accident-related expenses should be covered.

When Workers’ Compensation is Unavailable or Inadequate

Depending on your work-related injury or illness, your workers’ compensation coverage may not be enough for medical bills and other expenses. You should also know that workers’ compensation benefits are typically low for temporary or permanent disability benefits.

You and your family could suffer financially if you are unable to return to work. There is also no coverage for pain and suffering, which often accompanies a serious injury or illness.

In these situations, a personal injury lawyer who accepts workplace injury cases can help you. You should understand the legal options you may have outside of workers’ compensation or your employer’s private insurance.

A Workplace Injury Lawyer Can Help You Understand Your Legal Options

Workplace injury and liability laws are complex. Even if you have the legal experience or knowledge to navigate this challenging process, you might be recuperating from an injury or illness. You deserve to have an advocate who will look out for your best interests so you can concentrate on feeling better.

Our team has helped many injured workers recover:

  • Medical bills
  • Ambulance and emergency room services
  • Prescription medicines
  • Rehabilitative therapy and treatment
  • Lost pay
  • Reduced earning ability
  • Disability
  • Disfigurement
  • Pain and suffering
  • Mental anguish

We will Seek Financial Recovery for Your Losses

We will seek benefits for your workplace injuries or illness on a contingency basis. We have helped many injured and disabled clients who were hurt on the job. We can help you, too.

Our personal injury attorneys have diverse practice areas, including:

  • Car, motorcycle, bicycle, bus, 18-wheeler, aviation, and pedestrian accidents
  • Medical malpractice
  • Traumatic brain injuries
  • Dog bites
  • Uber & Lyft accidents
  • DWI accident injuries
  • Negligent security issues

What Should I do After Suffering a Workplace Injury?

The steps you take immediately after your workplace injury set the groundwork for your case. You want to build the strongest argument possible to recover damages.

We recommend:

Watching what You Share Publicly on Social Media

Sharing information about your case online may not promote a positive outcome. Instead, it gives the involved parties reason to deny or contest your claim. You should avoid sharing photos or videos during your case’s progression.

You should also refrain from accepting friend requests from strangers; they could actually be the claims adjuster trying to view your private information.

Seeking Medical Care

You might hold off on seeking medical care until your claim is approved. Yet, we advise seeking medical attention as soon as you can. This might involve visiting the emergency room or an urgent care center.

While receiving treatment:

  • Be sure to follow your doctor’s orders
  • Keep all records of your care, including your prescription medication’s names
  • Share any pre-existing health conditions with your doctor
  • Remember that your healthcare expenses can be included in your claim or lawsuit

Referring any Settlement Offers to Your Legal Team

You have the right to reject an unfair settlement offer and consult with your legal team. If you accept an offer, your case ends––and you’ll have few (if any) options for seeking additional funds.

When you partner with a lawyer, they can explain what constitutes a fair settlement offer. They’ll also employ a host of strategies to advance your case.

Keeping Track of Your Injury-Related Losses

During your recovery period, keep all invoices, receipts, and billing statements related to your injury. This helps your lawyer determine what constitutes a fair settlement offer.

Working with Our Workplace Injury Team Affords These Benefits

Right now, you may not fully understand your legal options. That’s where our team comes in. We’re prepared to explain every facet of your case, down to the tiniest detail.

While you consider your legal options, some benefits of partnering with our team include:

  • We offer free case evaluations. With one phone call, you can explore your financial recovery options. Here, we can discuss your case’s obligations, your legal goals, and what you’re expecting from the legal process.
  • We partner with a network of consultants. We work with accident reconstruction specialists, doctors, and economists to learn more about injured claimants’ damages.
  • We’ve been serving injured claimants since 2002. In the years we’ve been serving injured people, we’ve secured millions for our clients. Our experience gives us insight into cases’ challenges and how we can address them.

How Long will it Take to Resolve My Personal Injury Case?

We will do everything to keep your case moving forward. This includes managing communications with insurance representatives, presenting your case’s evidence, and creating a compelling argument.

That being said, it could take a few months or even longer to resolve your case. With our team on your side, you don’t have to worry about your case stalling. We will address its complications and push toward a favorable outcome.

There are Circumstances when You Can Sue Your Employer if Injured at Work

If you are injured on the job, we invite you to call us for a free case evaluation. We can help you understand your options. A workplace injury lawyer from our firm can pursue the damages you may be entitled to receive.

For your free case evaluation, please call D. Miller & Associates, PLLC™ at 1(855) PRO-LAWYERS.