Houston Work Slip and Fall Accident Lawyer

worker that slipped and fell on the job

Did you get hurt on the job in Texas due to a preventable slip-and-fall or fall from height? If so, you have options to seek compensation for your injuries. If someone other than your employer caused your injury, you might also have a case against them called a third-party injury claim.

The Houston workplace injury lawyers at Fibich, Leebron, Copeland & Briggs can guide you through the process. We can help you understand your rights, meet critical deadlines, work to get the compensation you deserve, and meet with insurance companies so you can focus on getting better. Contact us now to arrange your free consultation session with a Houston workplace injury lawyer.

Can I File a Work Injury Lawsuit If I’m on Workers’ Compensation?

Can I File a Work Injury Lawsuit If I’m on Workers’ Compensation?

You can file an injury lawsuit in Texas while on workers’ compensation. However, it’s worth noting that you generally cannot sue your employer directly if they provide workers’ comp benefits. Workers’ compensation acts as a trade-off where you receive benefits regardless of fault, but in return, you forfeit the right to sue your employer for most workplace injuries. But if a third party, like an equipment manufacturer or an independent contractor, contributed to your injury, you could still file a lawsuit against them while drawing workers’ comp benefits.

What Compensation Can I Recover After a Workplace Fall Injury?

The types and amounts of compensation injured workers can recover after a workplace fall injury will vary depending on the type of claim you file. Workers ‘ compensation claims and third-party injury claims are the most common types of claims that arise after work-related injuries.

Compensation from Third-Party Liability Claims

Compensation from Third-Party Liability Claims

In some cases, you might have grounds for a third-party personal injury claim in addition to or instead of a workers’ compensation claim to compensate for a Houston work injury. A third-party injury claim arises when someone other than your employer, such as a contractor or equipment manufacturer, is responsible for serious injuries. If this occurs, you could file a lawsuit against the third party.

This type of claim can result in a broader range of compensation for the harm you suffered, including total compensation for lost wages, medical expenses, emotional distress, and more. Unlike a workers’ comp claim, proving fault is essential in a third-party personal injury claim.

In a third-party injury claim, you could recover compensation for the following:

  • Medical Expenses: Current and future medical costs related to the injury
  • Lost Wages: Current and future income losses due to the inability to work
  • Pain and Suffering: Physical pain and emotional distress resulting from the injury
  • Rehabilitation Costs: Costs for any necessary physical or occupational therapy or rehabilitation
  • Emotional Distress: The psychological impacts of the injury, such as anxiety or depression

Do I Need to Prove Negligence Caused My Workplace Fall Injury?

It depends. You do not need to prove negligence caused your work fall injury to claim workers’ comp benefits in Texas. Workers’ compensation is a no-fault system, meaning you can receive benefits regardless of who caused the injury. A Houston personal injury lawyer can fight to obtain these benefits if the employer or insurance company unfairly denies a claim.

However, proving negligence for a Houston work injury is necessary if you file a third-party injury claim against someone other than your employer. In these cases, you must demonstrate that the third party contributed to your injury by acting carelessly or failing to act in a way that a reasonable person would have. This allows you to seek additional compensation beyond what workers’ comp benefits provide.

Statute of Limitations to File a Workplace Accident Lawsuit in Texas

If you suffer a fall at work in Texas, you have specific deadlines to file a claim. For workers’ compensation, you must report your injury to your employer within 30 days and file your claim with the Texas Division of Workers’ Compensation within one year. If you want to file a personal injury lawsuit, Texas law gives an injured worker two years from the date of the injury to do so. Our Houston work injury lawyers can help you identify and meet all relevant deadlines to protect your right to seek compensation.

Contact a Houston Workplace Fall Lawyer for Help

If you are suffering from a Houston work injury, don’t wait to get the help you need. Contact our Houston work injury lawyers from Fibich, Leebron, Copeland & Briggs for a free consultation.