Work Injury Lawyers in Midland, Texas
If you’ve been injured at work in Midland, Texas, the work injury lawyers at Moore & Associates are here to help you take the next steps. According to the Texas Department of Insurance, 564 people were fatally injured in occupational injuries in Texas alone. These numbers don’t account for the many more people who are seriously injured in occupational injuries. These injuries can result in life-long disability, missed days from work, or even result in a person being unable to return to work. The impact of workplace injury can be life-long, financially devastating, and difficult for victims and their families.
If you or someone you love was seriously injured on the job, you and your family have rights. You and your family may be able to seek compensation to cover your medical expenses and other losses. How you’ll go about pursuing these claims will depend on whether your employer has worker’s compensation insurance or has chosen not to provide worker’s compensation. If your employer has worker’s compensation insurance, in most cases, you or your family will pursue a worker’s compensation claim to cover your medical bills and lost wages. If your employer doesn’t have worker’s compensation insurance, or if your injury was due to the negligence of a third-party contractor, or if your employer was negligent and your employer’s negligence resulted in your injuries, you may be entitled to sue your employer for lost wages, medical expenses, pain and suffering, and other losses.
In most instances, individuals can often receive more compensation through a lawsuit than through worker’s compensation. Worker’s compensation insurance often restricts employees to receive care from in-network providers and has caps on how much employees can receive in lost wages benefits. Worker’s compensation also doesn’t provide compensation for pain and suffering and may not cover long-term future medical expenses related to a workplace injury or illness.
Your options following a workplace injury will vary depending on whether your employer has worker’s compensation insurance or not. Texas is one of the few states where employers are not legally required to have worker’s compensation insurance to cover their employees if they get injured on the job. If your employer doesn’t have worker’s compensation insurance, you and your family might be entitled to sue your employer for your medical expenses, lost wages, pain and suffering, and other losses. While most workers who are covered under worker’s compensation insurance are barred from pursuing lawsuits from their employers, there are certain exceptions where workers may still have a right to sue either their employer or the negligent party. If you can prove that your employer acted negligently, you may still be able to sue, and if you were injured due to the actions of a third-party contractor, client, or another party while working, you may be able to sue the third-party.
If you’ve been seriously injured on the job, you may be wondering what to do next. The work injury lawyers in Midland, Texas at Moore & Associates are here to help. We can evaluate your case, help you understand whether pursuing a worker’s comp claim or lawsuit makes more sense, and help you take the next steps.
Should I File a Worker’s Compensation Claim or Pursue a Work Injury Lawsuit?
If you are covered under worker’s compensation, you and your family may be able to make a claim to cover your medical expenses, and lost wages, and if your loved one passed away in a workplace accident, surviving family members may be able to collect death benefits. While workers who are covered under worker’s compensation generally aren’t permitted to sue their employer if they have been hurt on the job, though there are a few notable exceptions. These exceptions include:
- You were injured due to the actions or negligence of a third-party contractor or provider. For example, if your employer brought contractors on to your work site and their actions resulted in your injury, you may have the right to sue the contractor. If you were working on a property and conditions on the property resulted in your injury, you may be able to sue for premises liability. And if you were using equipment that turned out to be faulty, you may be able to sue the manufacturer for product liability.
- If your employer negligently failed to take steps to keep your working conditions safe or acted in a negligent manner that resulted in your injury, you may have the right to sue. For example, if your employer violated occupational health and safety rules, didn’t provide you with proper training or equipment, or otherwise acted negligently, you might have the right to sue.
- If your employer retaliates against you (fires you or reduces your hours or demotes you) for filing a worker’s compensation claim, you might be able to sue for damages.
If you can pursue a lawsuit, it may be in your benefit to do so, because you might be able to collect damages for pain and suffering, future medical expenses, and lost wages are not capped like they are in a worker’s compensation claim. Worker’s compensation claims have the limitations or caps on how much you can collect on income benefits, and you may be restricted to seeing in-network doctors to receive medical care. Some worker’s compensation insurance policies won’t cover medical care received out of network. Despite these limitations, there are some benefits to worker’s compensation claims. Workers don’t have to prove that their employer was at fault for their injury to receive benefits. If you are hurt on the job, you can make a claim. While a personal injury lawsuit has the potential to result in a higher recovery amount, you’ll need to prove that either your employer or a third-party was at fault for your injury.
Deciding whether to file a worker’s compensation claim or to pursue a lawsuit may not always be straightforward. The workplace injury lawyers in Midland, Texas at Moore & Associates are here to help. Our work accident lawyers in Midland, Texas can review your situation, review your case, and help you take the next best step.
How Can I Appeal a Denied Worker’s Compensation Claim in Midland, Texas?
If you decide to file a worker’s compensation claim, you generally have 30 days from the date of your injury to file the claim. From the moment you have been hurt, the clock is ticking. It is important to understand that worker’s compensation claims can be denied, and when this happens, workers have a right to appeal the denial. The workplace accident lawyers in Midland, Texas at Moore & Associates can help.
Worker’s compensation claims can be denied for many reasons. Sometimes the insurance adjuster claims that the injury is the result of a pre-existing condition and deny a claim. This can happen with injuries like back or neck injuries where the burden would then be placed on the person who was hurt to show that their injuries happened on the job, or that their worsened condition was the result of a workplace injury or repetitive strain.
Another common dispute that occurs with worker’s compensation claims involves the severity rating of the injury provided by insurance adjusters. There are four different types of disability benefits:
- Temporary Total Disability
- Temporary Partial Disability
- Permanent Total Disability
- Permanent Partial Disability
An individual who is considered totally disabled would generally be able to collect more lost wages benefits, than someone who is only partially disabled. Someone who is classified as temporarily disabled would generally be expected to be able to return to work after several weeks or months, after which disability payments would end. A person who is permanently disabled would not be expected to be able to return to work due to permanent injury and would be able to receive lifetime payment of benefits or benefits until retirement age. It is very rare for worker’s compensation to award permanent total disability benefits. Workers or their families would need to prove that the worker cannot return to any kind of work. Ultimately, the type of benefits you and your family receive will depend on the determination made by worker’s compensation. However, if you disagree with the determination, you have the right to appeal. A work accident lawyer in Midland, Texas at Moore & Associates can help. We can review the evidence, present the evidence, and fight your disability determination through the worker’s compensation appeals process. Worker’s compensation insurance adjusters have a responsibility to pay claims, but they also want to protect the insurance company’s bottom line. You need a work accident lawyer in Midland, Texas who can fight for your interests and rights.
What are the Leading Causes of Midland, Texas Work Injuries?
Many work sites involve hazardous materials, heavy equipment, or require workers to perform physically demanding tasks that can result in repetitive strain injuries. Workers can get hurt on the job due to fires, chemical spills, chemical burns, and more. Fall injuries are among the leading type of workplace injury and can result in serious disability or death. Workers can also become ill due to exposure to hazardous chemicals or substances. Other workers get hurt around heavy machinery or are involved in workplace truck or automobile accidents. Regardless of how you were injured and the seriousness of your injury, you have rights. You may have the right to sue your employer, make a worker’s compensation claim, or pursue a worker’s compensation claim and a third-party lawsuit if multiple parties are negligent. The work accident lawyers in Midland, Texas at Moore & Associates can take the time to understand your case and help you take the best next steps.
How Can I Contact a Workplace Accident Lawyer in Midland, Texas Today?
The work accident lawyers in Midland, Texas at Moore & Associates can be reached by calling 713-222—6775. We are available 24 hours a day, seven days a week to take your call. We provide free case evaluations, and we don’t take a fee unless we recover. Contact us today to learn more about your next steps.
