Workplace injuries affect millions of employees every year and can be devastating for workers and their families. These injuries may even have long-term consequences and can impact their ability to go back to work. The process of recovering damages can also be complicated and comprise many requirements. However, when the future is uncertain, and the claim process feels overwhelming, a compassionate Austin workplace injury lawyer can provide clarity on what your options are in the aftermath of your work-related injury.
Butler Injury Law has extensive experience handling complex cases and provides unique solutions to your workplace injury problems. We fight for you during this challenging time and ensure you receive the results you need. An Austin personal injury lawyer from our team will help you find stability in your life again and ensure you are protected as you move forward.
Workplace Injuries Have a Broad Impact on Employees
According to the Occupational Safety and Health Administration (OSHA), workplace injuries are any injuries that occur in the work setting, whether by accident or by exposure. A significant aggravation of pre-existing conditions may also be counted as a workplace injury when it results in time away from work, medical care, loss of consciousness, or death. There may also be some exceptions about what can be considered a workplace injury, so it is important to talk to a lawyer if you are unsure if you have a claim or not.
Injuries in the workplace occur at alarming rates. According to the Bureau of Labor Statistics, 2.6 million individuals were injured in the most recent year reported. For many of these individuals, their injuries could prevent them from being able to work in the same capacity that they did prior to their accident. In fact, 946,500 injury cases resulted in days away from work, and 581,000 cases led to individuals transferring jobs or being subjected to restrictions. While the number of workplace injuries has noticeably decreased, the number of injuries still remains very high.
Additionally, certain industries are more susceptible to workplace injuries than others. These jobs may be high-risk or leave employees exposed to a number of dangers or hazardous materials.
Industries with the highest number of recorded injury cases include:
- Health care and social assistance
- Manufacturing
- Retail trade
- Transportation and warehousing
- Accommodation and food services
- Construction
- Wholesale trade
Workplace Accidents Can Cause Serious Employee Injuries
Injuries can vary widely in workplace accidents. The type of industry and cause can significantly impact what type of injuries an employee may sustain and how severe they may be. Some injuries may even be catastrophic and require long-term care and accommodations.
Some common types of workplace injuries include:
- Sprains and strains
- Broken bones
- Amputation
- Burns
- Traumatic brain injury
- Back and spine injuries
- Shoulder injuries
- Overexertion
- Electrocution
- Death
Getting the care you need after a workplace accident is essential to ensuring your safety, preventing severe health risks, and reducing damage and recovery time. It is also essential for the claim process, as medical records are reviewed to evaluate the extent and severity of your losses and determine the value of your compensation.
Factors That Contribute to Injuries in the Workplace
The wide array of industries in the United States means that there are many conditions and substances that can lead to accidents and injuries during the course of employment. There are many variables in the workplace, so each accident is unique. However, there are some common factors that increase the likelihood of an accident occurring. The National Safety Council reports the following as some of the leading causes of work-related injuries:
- Exposure to harmful substances or the environment
- Overexertion
- Slip-and-fall
- Contact with equipment and objects
- Violence by a person or animal
- Transportation
The Outcome of Your Claim is Dependent on the Steps You Take After an Accident
After an accident, there are certain steps you must take to file a claim and protect your right to recover your losses. Failing to take action may result in a delay or denial of your claim at a time when you need it the most. Whether you are filing a claim under workers’ compensation insurance or filing a personal injury claim, these steps are meant to guide you through what to do after you have suffered a workplace accident:
- Medical attention: Seek medical care immediately to receive treatment for your injuries and assess your condition. Undergo any relevant diagnostic measures to get a clear picture of both internal and external injuries. Monitor your condition after being released from a doctor’s care, and seek additional treatment if your condition changes for the worse or you notice new symptoms.
- Report the injury: Report the injury to your employer as soon as possible so they are aware of the accident and your injuries. This is also a key requirement if you plan to file a workers’ compensation claim because there must be a record that your injury occurred in the workplace.
- Fill out appropriate forms: You will likely need to fill out several forms detailing what happened during the claim process. One document that is particularly important to complete is the Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease form. This allows you to report the accident and your injuries.
- Gather evidence: Evidence of your injuries is important regardless of which type of claim you are filing. Your injuries must be assessed during the claim process, and medical bills and records, photos of your injuries, and statements from anyone who witnessed the event can all be used to support your claim.
- Hire a workplace injury lawyer in Austin: Hiring a lawyer can be a valuable asset in many ways. They can review your situation and help you determine what type of claim you are eligible to file. A lawyer can also help you deal with insurance companies and negotiate a fair settlement, as well as help you file a personal injury claim against applicable parties.
Types of Claims You May be Entitled to File After a Work-Related Injury
Employees who have been injured in the workplace may be eligible to file a workers’ compensation claim or a personal injury claim, depending on a few factors. In Texas, employers are not required to provide workers’ compensation insurance for their employees. As such, the type of claim you file is dependent on what your employer offers and what type of accident and injuries you have suffered.
Below is a closer look at the differences between the two options.
Non-Subscriber Claim
A “non-subscriber” personal injury claim can be filed if your employer does not have workers’ compensation coverage in place. In a non-subscriber claim, we only have to show that an employer shared some fault in contributing to or causing a workplace injury. When they are deemed liable, they are then responsible for providing compensation.
Third-Party Claims
In some instances, employees can be injured on the job as a result of another party. Defective products and vehicle accidents are two particularly common examples of where this can happen. With these accidents, your injury is often covered under workers’ compensation if your employer provides it, but a claim against the third party can also be made. This is typically the only time you may file two claims for your injuries. Texas Labor Code Chapter 417 provides guidelines for how these types of claims are to be conducted.
A Workplace Injury Attorney in Austin Can Help You Secure a Fair Settlement
Work-related injuries can put a lot of financial strain on you and your family. Not only can it keep you from being able to work, medical expenses can be a significant point of stress as the bills add up. Compensation is designed to make you whole again to the best extent possible by providing you with relief so you can get the care you need without the burden of costs falling on you. However, the process for recovering damages in workplace injury cases may vary based on a few factors.
Employees may be able to file a workers’ compensation claim or a personal injury claim depending on the nature of the accident and whether or not an employer provides workers’ compensation insurance. For workers’ compensation claims, individuals may be able to receive damages for medical expenses and a portion of their wages as outlined in Texas Labor Code Chapter 408.
In the event an applicable personal injury claim is filed, damages for medical expenses, lost income, and pain and suffering can be recovered. It is recommended to talk with an Austin workplace injury attorney first to see which type of claim is applicable to your case, provide an estimated value of your losses, and negotiate on your behalf. They can also ensure you are taken seriously so you can receive a favorable outcome.
Statute of Limitations Dependent on Type of Claim
The statute of limitations for workplace injury cases is dictated by the type of claim you plan to file. For workers’ compensation claims, you have one year to file a claim per Texas Labor Code § 409.003, but you must first notify your employer of your injury within 30 days of the accident.
For a personal injury claim based on negligence, you have two years from the time of your injury, as outlined in Texas Civil Practice and Remedies Code Chapter 16. Failing to make a claim by either of these dates will likely result in your inability to recover compensation for your injuries.
Austin Workplace Injury Attorneys Provide Customized Solutions
At Butler Injury Law, we help you navigate the intricacies and strict guidelines that come with workplace injury claims. We understand that reporting an injury, pursuing a claim, and dealing with time constraints, all while you are trying to heal, can be very stressful. We handle your case for you and provide creative solutions that are customized to your specific needs. We aim to maximize your results so you can have peace of mind as you look toward the future.
When you schedule a consultation with our team, we review your specific situation to determine what factors must be considered in your case and what actions are available to you. When working with one of our experienced workplace injury lawyers in Austin, you can expect to receive high-quality services that provide you with clarity and confidence.
Our empathetic team negotiates on your behalf so insurance companies do not take advantage of you while you are vulnerable. We ensure that they pay you fairly so your losses are sufficiently covered. We can also help you navigate the legal process if you file a personal injury claim. We will investigate and gather evidence to support your claim and secure results. We will also never stop advocating for you or protecting your rights.
Butler Injury Law Prioritizes Your Needs
Butler Injury Law comes alongside you when you are dealing with workplace injuries, so you do not have to deal with them on your own. Our firm prioritizes your well-being and provides you with the representation you deserve. We continuously advocate for you and provide trusted counsel so you can get the results you need as swiftly as possible and reclaim your life.
To learn more about us and what your options are, contact us today to schedule a free consultation with our workplace injury attorneys in Austin.
