One Texas metalworker is suing two companies due to injuries he sustained while working. He alleges in his suit against Alabama Metal Industries and Automation Temporary Service that they failed to follow all relevant Occupational Safety and Health Administration (OSHA) regulations, properly train him for his job, provide adequate supervision, and provide necessary tools and safety gear. Because of this negligent behavior, he hurt his right hand at work in October 2015 and suffered medical expenses, physical pain, mental suffering, and lost earnings. Ultimately, the worker is seeking between $200,000 and $1 million in damages for his physical, psychological, and financial injuries.
Workers’ Compensation in Texas
Under Texas law, most employers are not legally required to purchase workers’ compensation insurance. When businesses do provide workers’ compensation coverage, injured employees have the ability to get their medical expenses covered and obtain a portion of their lost wages. In this situation, workers usually do not have the right to sue their employer. Workers’ compensation is their exclusive remedy.
However, when businesses do not buy workers’ compensation insurance for their employees, they are known as non-subscribers. When workers are injured, they often must rely on their own health insurance, wages, and savings to pay for their injuries. However, for serious injuries, workers may suffer more physical, psychological, and financial injuries than they can reasonably handle themselves. It may be necessary to hold the employer responsible, which requires filing suit against the business. Employees without workers’ compensation benefits are not barred from suing their employers.
Suing an Employer for Work-Related Injuries
When a worker sues an employer for injuries suffered while at work, he or she is responsible for proving that the employer was negligent, reckless, or intentionally harmful toward the worker. This can be difficult to do. However, with the help of an experienced work accident lawyer, it is not impossible. A knowledgeable and skilled personal injury attorney understands OSHA regulations and Texas safety and employment laws. An attorney will fully utilize the legal discovery process to gather evidence to present to the court that an employer did not obey the law or uphold necessary safety practices, which was a substantial cause of the workers’ injuries.
What to do if You Were Injured at Work
If you were hurt at work in an accident or have been diagnosed with a work-related medical condition, then you need to determine whether your employer provided workers’ compensation insurance. If workers’ compensation is available, then you should file a claim right away. Only by filing a timely claim will your medical expenses be covered and will you have the opportunity to receive a portion of your lost wages.
However, if you do not have workers’ compensation benefits, contact an experienced New Braunfels work accident attorney from The Bettersworth Law Firm as soon as possible. A work injury can be catastrophic and lead to permanent disability. It can cost you much more than you can afford. In this situation, you need to move forward with a personal injury claim to gain compensation for your injuries. Our attorneys can help you do this. Contact us today to schedule an initial consultation.