Workplace injuries are accidents that occur during the course of employment, any may include motor vehicle collisions, injuries form dangerous or malfunctioning machinery, or many different types of injuries. At the Law Office of Robert S. Hogan, we are experienced at handling the many different aspects of workplace injuries.

While workplace injuries have many similarities to other types of cases, they have their own unique factors, including the complexities of different types of insurance coverage, independent contractor, general contractor and subcontractor relationships, as well as understanding the demands and realities of the industrial worksite.

How does worker’s compensation work?

Texas law does not require an employer to carry workers’ compensation insurance coverage. When an employer chooses to carry coverage, benefits are provided for injured employees, in most circumstances, without regard to fault for the injury. However, the benefits available under workers compensation are limited to wage benefits (up to a statutory limit) and medical benefits.

Many aspects of an injured workers’ damages are not covered by workers’ compensation. For instance, workers’ compensation does not pay for pain and suffering caused by an accident. Even where workers’ compensation applies, it is sometimes possible to bring a “third party action” or independent claim, against an independent company, worker of another company, or another individual or corporation that was at fault for the injury, other than the employer. In such cases, the employee may recover for the full measure of damages the law allows, and then reimburse the workers’ compensation carrier for the benefits that have been received by virtue of workers’ comp.

What if my employer does not carry worker’s compensation ?

Under Texas law, if an employer chooses not to carry workers’ compensation, then that employer may be held legally liable for injuries that occur to employees. By electing to be a “non-subscriber,” the employer also loses many defenses that a company would otherwise have to a lawsuit, including alleging that some portion of the fault for the accident was due to the injured employee. In order to hold the employer liable, however, circumstances still must indicate that the employer was negligent in some way.

How soon should I contact an attorney?

After a workplace injury, more so than in any other type of case, it is critical to contact an attorney as soon as possible. The attorney will help you to understand your rights, and will tell you what steps should be taken to preserve your rights. Industrial companies usually have dedicated teams of accident investigators, insurance adjusters, attorneys and risk managers who respond immediately after an accident to minimize the legal exposure of the company. This often results in the suppression of witness statements and the destruction or hiding of evidence. When an attorney gets involved quickly on your behalf following an accident, steps can be taken to preserve and document important evidence before it can be lost or covered up.