If you were injured at work, you would typically seek compensation through workers’ compensation. However, there may be some exceptions in which you could file a personal injury lawsuit against your employer. One of the most important rights you have as an employee is a safe workplace.
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 of 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 statutes allow 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 product
- Toxic substance
- Intentional harm
- Third party with a relationship to your employer
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 compensation. 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
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.
D. Miller & Associates, PLLC has helped many injured workers recover compensation for such expenses as:
- Medical bills
- Ambulance and emergency room services
- Prescription medicines
- Rehabilitative therapy and treatment
- Lost pay
- Reduced earning ability
- Pain and suffering
- Mental anguish
We Will Seek Compensation for You
D. Miller & Associates, PLLC will seek compensation 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
- Sexual assaults and violence
- Defective products
- Traumatic brain injuries
- Dog bites
- Uber & Lyft accidents
- DWI accident injuries
- Negligent security issues
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 compensation that you may be entitled to receive.
For your free case evaluation, please call D. Miller & Associates, PLLC at (713) 850-8600.
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