Injured workers often think that workers' compensation is their only option for covering medical treatment and lost wages. In many cases, however, on-the-job accident victims may be able to pursue compensation through a personal injury claim. If you have been hurt at work or while performing work duties, it is important that you consider this option, as a personal injury claim may allow you to recover more money than a workers' comp claim.
At the Smith Law Firm, we have more than 70 years of combined experience representing people in Orange and throughout Texas injured in workplace accidents, including:
You can file a personal injury claim if the work injuries were suffered due to the negligence of a third party or, in other words, a party other than your employer.
These types of situations are common on construction sites, where there may be many subcontractors and contractors working side-by-side. An employee working under one contractor may act negligently, causing injury to a person working under a different contractor. The victim would then be able to pursue a personal injury claim.
Personal injury claims may also be filed in construction, refinery, factory and other workplace accidents in which a defective piece of equipment is to blame for the injuries. In these cases, a product liability claim can be pursued against the product's manufacturer. This is common in cases involving defective power tools, defective punch presses and more.
Personal injury claims are also appropriate in on-the-job auto accident cases. Truck drivers, delivery drivers, pizza delivery drivers and others who drive for a living or who do any of their work on the road may be able to file a personal injury claim against the negligent driver who caused the accident, rather than or in addition to filing a workers' compensation claim.
As board-certified attorneys in personal injury trial law in Texas, we know how to protect your rights and explore the options that may be available to hold a third party liable for your injuries. We can determine whether you have a personal injury claim, and we can pursue that course of action on your behalf. In addition, we can work with your workers' compensation attorney if necessary, if your case merits both types of claims.
The construction industry is one of the most dangerous industries in the country. Workplace conditions, job duties and the lack of proper training or safety equipment can lead to devastating construction accidents. The injury and mortality rate for construction workers is much higher than that of the average worker.
At the Smith Law Firm in Orange, we can protect your rights if you have been injured in a construction accident. As board-certified attorneys in personal injury trial law in Texas, we know what it takes to review your accident and explore your legal options to help you find the best road to recovery.
We will investigate your worksite accident and determine if a third party can be held liable for your injuries. Just like employers, third parties have a responsibility to keep their working conditions or equipment safe. These individuals and companies can be named in a lawsuit when their negligence or failure to follow safety precautions causes a construction injury.
Construction workers face many hazards while working. Some of the most common types of construction accidents include:
People are often surprised at the complications that can come with a workplace accident case. There may be a variety of claims options available, depending on the situation. It can be difficult to figure out where to even start in these matters. You will have questions. At the Smith Law Firm in Orange, Texas, we have answers.
You can get in touch with us to discuss any specific questions. For now, here are answers to some of the most frequently asked questions about work accident claims:
Reporting an on-the-job injury to your employer may be an important first step in pursuit of a workers' compensation claim. It may not be required for a personal injury claim, but not reporting your injury may undermine your case.
You may be able to file a workers' compensation claim, a personal injury claim or both, depending on the situation.
A workers' compensation claim can be filed for any type of on-the-job accident, regardless of fault. A personal injury claim can only be filed if the accident was the result of negligence on the part of a third party or, in other words, a party other than your employer. That party could be a contractor working under a different employer, an equipment manufacturer or a property owner, for example.
Workers' compensation benefits include coverage of medical treatment and compensation for a portion of wages lost. A personal injury claim, on the other hand, can allow you to get compensation for medical bills, all lost wages and even for the pain and suffering you have experienced as a result of being injured on the job.
In the event that you are going to pursue both a personal injury claim and a workers' compensation claim, our lawyers will handle the personal injury matter and work in tandem with your workers' compensation counsel as needed.
While you can handle your work accident case on your own, you may find an attorney beneficial. In particular, you may want to have a personal injury attorney review your case if you suspect a third party may have been at fault, because that attorney may see opportunities that one who strictly practices workers' compensation may not be aware of.
Our lawyers provide personalized service and pay attention to your specific needs to help you find the best outcome in your case. In many of these cases, dangerous property conditions or unsafe equipment provided by a third party contributed to the accident and could have been prevented. We will investigate the cause of your injuries to determine if negligence contributed to the accident and who can be held liable.
Personal injury cases are our specialty. The Smith Law Firm knows what steps to take during this entire process to help you find the best road to recovery after suffering an injury. If you have been injured on the job, we will work hard to protect your rights and make sure all avenues for potential compensation are explored.