While office high rises soar above our big cities, most of the work done in Texas is performed by blue-collar workers. They build those skyscrapers and fuel our oil and gas industry. No matter where you work, however, you could be at risk for a workplace injury if your employer fails to keep your workplace in compliance with laws and regulations regarding safety.
At the Waldman Legal Group, our work injury attorneys stand ready to aid those who have suffered harm through the negligence of their employer. A Houston unsafe workplace lawyer will listen to your story during your free initial consultation. After that, they get to work helping you devise a strategy to hold your employer accountable for contributing to your job-related illness or injury.
Workplace Injuries, Illnesses, and Deaths Are on the Rise
The most recent reporting year, 2021, indicated an increase in illnesses, injuries, and deaths in Texas workplaces. According to the Survey of Occupational Injuries and Illnesses (SOII), private employers reported 178,900 total incidents of disease or injury in Texas work locations. In addition, the Bureau of Labor Statistics (BLS) reported 533 occupational fatalities in the Lone Star State.
Your employer owes you a duty to provide a safe environment that protects workers. When they fail, they can be held responsible through complaints, criminal charges, and civil lawsuits. In these instances, you can contact our lawyers for unsafe workplace guidance under Texas law to understand how to proceed to secure justice.
Why Choose the Waldman Legal Group for Your Unsafe Workplace Injury Claim
At the Waldman Legal Group, our attorneys and professional staff believe that every victim of an unsafe workplace deserves excellent legal representation to seek justice. We do not back down from large employers and work to protect your rights.
Your Houston unsafe workplace attorney will manage all aspects of your case, such as:
- Reviewing and filing your workers’ compensation forms
- Representing you if your claim is denied
- Collecting, analyzing, and preparing evidence documenting your injuries or illness
- Formulating an estimate of your expenses
- Identifying all liable parties
- Seeking maximum compensation from all available sources
- Negotiating with insurance representatives
- Filing nonsubscriber and third-party lawsuits if needed
- Litigating fiercely for your interests in court
We begin with a free initial case evaluation so we can build a strong attorney-client relationship. Our success is founded on creating trust as the foundation of our work.
Common Causes of Injuries in an Unsafe Workplace
While the construction, manufacturing, and transportation industries see the highest number of workplace injuries each year, any place you work can be dangerous. Even in an office, you could face an unsafe workplace that is home to common elements such as:
Exposure to Chemicals or Hazardous Substances
Gases and fumes can cause breathing problems or burns on the skin. Failure to properly secure or use these substances can lead to injury. A lack of sufficient safety gear for handling these chemicals can also be considered negligent.
Fire and Explosions
Every workplace runs the risk of a fire breaking out or an explosion happening with equipment or materials. Employers should provide safety training to ensure all workers understand what to do and how to evacuate.
Not only should your employer have a safety plan in place, but they should regularly conduct drills to ensure all employees understand the process. Failing to provide this basic safety measure could put the company at risk of liability if workers are injured or become ill.
Repetitive Stress Injuries
Repetitive stress injuries (RSIs) are common across many industries. They are caused by repeating the same movement or maintaining the same position for long periods. Office workers and assembly line employees often experience carpal tunnel syndrome (CTS), which can be avoided when the employer establishes protocols for rest breaks and ergonomic aids.
Exposure to Electricity
Some industries are focused on electrical work and have a higher incidence of accidents, but every job carries some risk of electrocution. There are numerous ways to protect employees from this, but when an employer neglects these actions, they create an unsafe workplace.
Slips, Trips, and Falls
Liquids or leaks can lead to slip-and-fall accidents. Items or equipment left in walkways or work areas can cause employees to trip and fall to the floor or against objects. In construction environments, workers can fall many stories if they fall to a lower level or the ground.
Even in an office environment, uneven floors, unsecured rugs, poor lighting, and uncovered cables can cause fall injuries. Employers must conduct regular inspections and repair hazards to avoid an unsafe workplace.
You Have Rights as a Worker in Texas
As a worker in Texas, you have many rights, including:
- The right to work, whether you are a union member or not
- The right to be hired and work without discrimination
- The right to a minimum wage, overtime, and benefits
- The right to seek compensation if you are injured
- The right to hire an attorney for legal guidance and representation
When you are hurt on the job, you can pursue a workers’ compensation claim to receive benefits such as partial wages, coverage for your medical bills, and disability payments. There are a number of ways you can increase your chances of successfully receiving these benefits with the help of a seasoned work injury attorney.
Along with workers’ compensation insurance and negligent-based nonsubscriber claims potentially pursued through litigation or arbitration, you are also eligible to file a third-party lawsuit against any entities or individuals other than your employer who caused your injury or illness. A lawsuit often gives you the opportunity to recover more kinds of damages than an insurance claim. In the right situation, you can actually claim workers’ comp benefits and receive a settlement from a lawsuit. Your unsafe workplace attorney can help you understand these options.
Take Action After Your Unsafe Workplace Injury
Your first step is to report your injury to your employer and seek medical attention. If you need emergency treatment, you should see a doctor immediately or get to the hospital. After you are stabilized and able to take action, you should speak with an unsafe workplace injury attorney at Waldman Legal.
We can help you file your workers’ compensation insurance claim and investigate your situation if you feel there were hazards that contributed to your injuries or illness. While you do not have to show proof of unsafe work conditions to make your claim, having evidence of the situation will help your lawyer prepare if your case must move to court.
Workers’ Compensation in Texas
The Division of Workers’ Compensation Insurance of the Texas Department of Insurance oversees insurance coverage for workers’ compensation. You must report your injury or illness to your employer within 30 days and to the Division within one year. When your claim is approved, you will be eligible for the following benefits, depending on the severity of your condition and your projected recovery:
- Temporary income benefits: Calculated at 70% of your weekly salary based on the previous 13 weeks’ wage, paid until you return to work.
- Impairment income benefits: Paid at 70% of your weekly income before the injury and according to the level of permanent damage you suffered.
- Supplemental income benefits: Paid in response to serious bodily injury and disability after impairment benefits end. You will need to complete job searches or attend vocational rehabilitation training.
- Vocational training and job search assistance: Pays for you to attend programs that aid you in finding another job or learning a different skill because you cannot return to your previous position.
- Lifetime income benefits: Paid if you are permanently disabled from work, with no time limit, at 75% of your weekly income plus a 3% cost-of-living increase annually.
- Medical treatment benefits: Pays for all your medical care, testing, therapy, surgery, and medications associated with your work-related injury or illness.
Companies in Texas are not required to provide this coverage except in certain circumstances, so you may need to resort to other options. For example, you could file a claim against your employer’s private insurance or initiate a personal injury lawsuit to obtain payment when you are hurt in a hazardous work environment.
Third-Party Lawsuits After a Work-Related Injury
In situations where your employer is not directly at fault for the unsafe workplace, and another party is, you may have the right to file a third-party lawsuit. This can be opened against vendors, contractors, security companies, maintenance providers, or visitors who created conditions leading to your injury or illness.
Your unsafe workplace attorney in Houston will work to build a robust case with carefully presented evidence. We will ensure your rights are protected and fight fiercely to secure a satisfactory settlement for you. If the defendant does not meet our demands in negotiation, we are prepared to take your case before a judge and jury to obtain maximum compensation for your needs.
Act Quickly to Meet the Statute of Limitations
The statute of limitations under the Texas CPRC §16.003 typically allows only two years from the date of your work-related injury. (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.) Waiting too long could leave you without the time needed to find a qualified attorney and create your case.
If you pass the deadline, you will lose your chance to recover compensation through the courts.
Speak With a Houston Unsafe Workplace Lawyer Today to Learn More
Filing a workers’ compensation claim or personal injury lawsuit after a work injury can be overwhelming and frustrating. You must focus on getting better and need experienced legal advocates on your side to tackle the paperwork and other hurdles. We are here to take this burden off your shoulders.
At the Waldman Legal Group, we offer free initial consultations as well as a contingency fee structure. This means you do not need to pay anything to get started on your unsafe workplace injury claim, and you do not pay us unless we achieve a settlement for you. Contact us to schedule your meeting with a Houston unsafe workplace attorney today. Or call us now at 713-688-4878 time for a free and confidential consultation.
