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.
Houston Work Slip and Fall Accident Lawyer
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. In Texas, workers’ compensation benefits can cover your medical bills and some of your income losses. If someone other than your employer caused your injury, you might also have a case against them called a third-party injury claim.
Filing these claims can be tricky, but 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, and work to get the compensation you deserve. We can also handle talks with insurance companies so you can focus on getting better. Remember, prompt action is necessary to protect your rights after a work accident, so contact us now to arrange your free consultation session with a Houston workplace injury lawyer.
What Is My Houston Workplace Fall Accident Case Worth?
Several key factors come into play when discussing the value of a workplace fall accident claim in Texas. Any of the following factors could influence the compensation you receive for your claim:
- Severity of Injuries: The extent and severity of any injuries you sustained in the fall are primary factors in determining your claim’s value. Severe injuries, such as fractures or traumatic brain injuries, typically result in higher compensation due to increased medical expenses, more extended recovery periods, and the potential for permanent disability. The more severe the injury, the greater the potential claim value.
- Duration of Medical Treatment: The time you require medical treatment is another critical factor. More extended treatment periods often indicate more severe injuries, which can increase your claim’s value. This includes initial medical care and long-term treatments such as physical therapy or follow-up surgeries. Extended medical treatment also implies a longer recovery period, justifying higher compensation for the impact on your life.
- Pre-existing Conditions: The presence of pre-existing conditions can complicate the valuation of a claim. If a fall worsens a pre-existing condition, the claim value might increase due to the more significant impact on your health. However, distinguishing the effects of the fall from the pre-existing condition can be challenging and often requires expert medical testimony.
- Availability of Insurance Coverage: Your employer’s insurance coverage limits could also affect the value of your claim. You could receive a larger settlement if your employer has substantial insurance coverage. However, limited insurance coverage or policy exclusions could limit your payout, regardless of your claim’s inherent value. A knowledgeable Houston workplace injury attorney can identify all possible sources of compensation for your injuries and maximize your settlement.
- Legal Representation: A lawyer’s professional experience and negotiation skills can significantly influence your claim’s value and outcome. Experienced attorneys are more effective in presenting cases, negotiating with insurance companies, and managing legal proceedings. A Houston work accident lawyer can also bring in expert witnesses to strengthen your case. Solid legal representation can lead to higher settlements or verdicts that reflect the actual value of your claim.
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.
Workers’ Compensation Benefits
In Texas, workers’ compensation supports employees who have suffered injuries or illnesses due to their work. It is a no-fault system that provides a range of benefits to eligible injured workers, regardless of who caused the injury. This system provides various types of benefits, each tailored to address different needs arising from workplace injuries, such as:
- Medical Benefits: These benefits cover all medical expenses to treat work-related injuries or illnesses. This includes doctor’s visits, hospital stays, physical therapy sessions, medications, or medical equipment required to recover and return to work. Texas law requires employers who carry workers’ comp to provide these benefits without any cost to the employee.
- Temporary Income Benefits (TIBs): If a work-related injury or illness prevents someone from earning income for more than seven days, they could receive temporary income benefits from lost wages. These benefits are worth a portion of the worker’s average weekly wage (typically about 70 percent) from before the injury. TIB payments continue until the worker returns to work, reaches maximum medical improvement, or exhausts the eligible benefit period.
- Impairment Income Benefits (IIBs): Once a worker reaches maximum medical improvement, they might receive an impairment rating from their doctor. They could qualify for impairment income benefits if this rating is above zero percent. IIBs provide financial support for employees with lasting impairments due to work-related injuries. These benefits are based on the impairment rating and are paid weekly.
- Supplemental Income Benefits (SIBs): These benefits are for employees with significant, ongoing impairments who cannot return to their previous earning capacities. Employees must meet specific criteria to qualify for supplemental income benefits, including a minimum impairment rating and active job search efforts. SIBs are paid monthly and supplement a person’s income if they cannot earn as much as before the injury.
- Lifetime Income Benefits (LIBs): In highly severe injuries, such as loss of limbs or total blindness, a worker could be eligible for lifetime income benefits. As their name suggests, these benefits provide weekly payments for the rest of a person’s life. The amount is a percentage of the pre-injury average weekly wage and includes annual cost-of-living adjustments.
- Burial Benefits: If a work-related injury or illness results in death, the employee’s family can receive burial benefits, which cover a portion of funeral expenses.
- Death Benefits: Besides burial benefits, the family of an employee who dies due to a work-related cause can receive death benefits. These benefits financially support the employee’s dependents, such as spouses, children, or other eligible family members. Death benefits include a portion of the employee’s average weekly wage and can continue for an extended period, depending on the relationship and dependency status of the beneficiaries.
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
Can I File an 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.
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.