Abilene Work Injury Lawyer
Workplaces should be safe for employees who work there, but accidents and injuries at work are all too frequent occurrences. According to the National Safety Council, a person is injured on the job every 7 seconds in the United States. Work injuries vary widely in type and severity. They may come in the form of an accident with heavy machinery or a vehicle crash. Poor lighting, uneven surfaces, or spills lead to trips and falls. Repetitive stress injuries are very common and can cause debilitating pain. And you don’t have to work on a construction site or oil rig to be the victim of a work injury. Constant typing and sitting at a desk all day can cause strain on your tendons, nerves, and muscles.
When you have been hurt on the job, you may have to take time off work. If your injuries are serious enough, you may not be able to return for a long time — or ever. Our work injury lawyer in Abilene will investigate your case, calculate the full amount of your losses, and help you hold the responsible parties accountable.
OUR ABILENE WORK INJURY LAWYERS WILL FIGHT FOR YOU
You Deserve Compensation for Your Injury
If you or a loved one has been injured or someone has died in a workplace accident, you may be entitled to receive compensation through workers’ compensation or a lawsuit. Texas law does not generally force employers to carry workers’ compensation insurance. If you are a company employee whose employer carries workers’ compensation, it should pay for medical expenses and some lost wages. However, workers comp does not cover full wages and losses such as pain and suffering, and it is often not enough to meet all expenses. In cases where your employer is a non-subscriber, or coverage is insufficient, or a third party’s negligence caused your injury, you may be able to file a lawsuit in order to receive the compensation you deserve.
Our knowledgeable Abilene work injury lawyers at the Hanna Allen, PLLC understand the financial, physical and emotional devastation that follows a serious work injury. Texas law is complicated, but we have the knowledge and in-depth understanding of Texas law to fight for the money you need to pay your medical bills and rebuild your life. While you focus on recovery, we’ll focus on getting results.
OUR ABILENE WORK INJURY LAWYER FIGHTS FOR FULL COMPENSATION
When you have been hurt on the job, you may have to take time off work. If your injuries are serious enough, you may not be able to return for a long time — or ever. Our Abilene work injury lawyer will investigate your case, calculate the full amount of your losses, and help you hold the responsible parties accountable.
SHOULD I ACCEPT WORKERS’ COMP BENEFITS?
Our Work Accident Lawyer Knows Your Options
Workers’ compensation is a type of insurance meant to help injured employees. In our state, private employers are not required to carry workers’ comp, but some choose to do so. If your employer does offer workers’ comp, it may be your only option for compensation. However, you should speak with our Abilene work injury attorney to discuss your options, because you may be able to sue a third party. You can sue your employer if they are not a workers’ comp subscriber or if we can prove your injury was caused by extreme negligence or intentional harm on their part. Here are a few things you should know about workers’ compensation in Texas:
- The money you receive from workers’ comp is far less than what you can potentially get through a lawsuit.
- Your employer may limit your choice of doctors, and those doctors may try to minimize the severity of your injuries to save the company money.
- If you accept workers’ comp, you will not be able to file a personal injury lawsuit against your employer and recover all of the money you need to cover your losses.
- Accepting workers’ comp does not prevent you from filing a lawsuit against any third parties (such as an equipment manufacturer) who may have contributed to your injuries.
The work injury lawyers at the Hanna Allen, PLLC will be happy to discuss the details of your case and your legal options. Call us at (432) 220-2649 or use our online form to speak with our team today.
WHAT DAMAGES CAN I RECOVER WITH THE HELP OF AN ABILENE WORK INJURY LAWYER?
If we bring a lawsuit against your employer and/or a third party and they are found liable for your injuries, they may be on the hook for damages. “Damages” is a legal term for financial compensation to the injured party. The hurt on-the-job lawyers at the Hanna Allen, PLLC will fight to recover compensation for all of your losses, such as . . .
- Medical expenses
- Future medical expenses
- Lost income
- Lost earning capacity
- Property damage
- Pain and suffering (mental, emotional, physical)
- Loss of consortium.
How much money you are able to receive depends on a number of factors. These include the severity of your injuries, how they affect your daily life, and the cost of your bills. Lost income and lost earning capacity are based on your income before you were hurt on the job. To figure out how much your lawsuit may be worth, we will need to speak with you and thoroughly investigate the details of your work injury case.
HOW OUR WORK INJURY ATTORNEY WILL HELP YOUR CASE
If you have been injured, you should be focusing on one thing: recovery. You need an experienced Abilene work injury attorney to be your advocate on the legal front. The lawyers at the Hanna Allen, PLLC will make sure your rights are protected.
- We will meet with you to discuss the details of your work injury case. We will be able to tell you whether or not you have a strong claim to sue. Initial consultations are free, so you have nothing to lose.
- If your employer holds workers’ comp insurance and we determine it is in your best interest to accept it, we will guide you through the process. We will help you file all the required paperwork and make sure deadlines are met.
- We will research your case thoroughly to track down every party who contributed to your injuries and may share responsibility.
- If we decide to go ahead with a legal case against your employer or another party, our work injury attorney will advise you to not speak with their representatives. We will do it on your behalf. They may try to convince you to accept money. We understand you may be strained financially at this difficult time, but they do not have your interests at heart.
- We will figure out the full amount of your losses. This includes future losses.
- We will speak with witnesses who may be able to testify and strengthen your work injury claim.
- We will negotiate with the other side on your behalf.
- A lawsuit involves lots of paperwork, phone calls, and nitty-gritty details. We will take care of all of it so you don’t have to.
WORK INJURY ATTORNEYS ANSWER YOUR QUESTIONS
After an accident at work, you may not know what to do, and you are bound to have questions and concerns. Here are some answers to questions our Abilene work injury lawyers are often asked:
Why would workers’ compensation deny my claim?
If your employer carries workers’ compensation and you are an employee injured on the job, you should be entitled to compensation. However, workers’ comp is insurance, and employer premiums go up when claims are paid out, and insurance companies are out for profit. As a result, valid claims are often denied, many for technicalities such as forms being filled out improperly or because rules were not followed to the letter. To improve your chance of success with a workers’ compensation case, it is important to take certain steps, such as quickly reporting your injury to your employer, following specific rules, and meeting required deadlines. Our Abilene work injury lawyers can make sure everything is done correctly and appeal any unjust denials.
Should I speak to the insurance company?
No, the less you say to them the better. Insurance companies will attempt to get information from you that shows you are not really disabled, or that you can do increased work, or that the injury was somehow your fault, and they will use this information against you. Be aware that you do not have to provide insurance companies with a recorded statement about your injuries or how they occurred, even if requested. Tell the insurer to speak to your attorney, and let Hanna Law handle all dealings and negotiations with insurers.
Under what circumstances can I file a lawsuit?
There are several situations where you can file a lawsuit — either against your employer or against a third party. You can sue your employer if they are not a workers’ comp subscriber or we can prove your injury was caused by extreme negligence or intentional harm on their part. You can sue a third party who was negligent, such as a manufacturer of a faulty part that injured you, or an outside contractor whose vehicle ran you over. Be aware that if you accept workers’ comp, you can still file a lawsuit against a third party, but you will not be able to file a personal injury lawsuit against your employer and recover all of the money you need to cover your losses.
Are there deadlines for filing a lawsuit?
Yes, Texas has time limits for filing a lawsuit, called a statute of limitations. It can be found in Texas Civil Practice & Remedies Code section 16.003. If you fail to get your lawsuit filed on time, the Texas civil court system will most probably refuse to hear your case. For work injury lawsuits, you generally have two years from the date of the accident to file your claim, or two years to file a wrongful death claim from the day of the death. Our work injury attorneys will ensure everything is filed correctly, in a timely manner, so contact us as soon as possible. We need time to investigate and build the strongest possible case while evidence is fresh and witnesses can be found, and you don’t want to take a chance on missing the deadline imposed by the statute of limitations.
What if I can’t go back to work?
If your injuries are so devastating that you will not be able to return to work at all, we can seek damages for loss of earning capacity — the money you likely would have earned over your career had the accident not happened. You just can’t trust insurance companies to account for this money when offering you an initial settlement. The lawyers at the Hanna Allen, PLLC are committed to recovering the full value of your losses.
What if I was partially at fault for the accident?
According to Texas law (Civil Practices and Remedies Code, TITLE 2, SUBTITLE C, CHAPTER 33, SUBCHAPTER A, Sec. 33.001), as long as you are not more than 50 percent at fault, you can still collect the percentage of the damage award that the other party was at fault. However, the award you receive will be reduced by your percentage of responsibility. For example, if it is determined that you were 10 percent at fault and the settlement was for $100,000, our construction accident attorneys could still help you collect $90,000.
What does it cost to hire a work injury attorney in Abilene?
You don’t have to pay anything up front to hire our Abilene work injury lawyers. The initial consultation is free, and we work on a contingency basis. This means we take on all costs and expenses of your case, and you pay nothing unless and until we win, and then payment will be taken out of the settlement award.
According to Texas law (Texas Statutes section 71.001), an action for wrongful death may be brought if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another. Our work injury attorneys will seek a damage award to cover financial losses and emotional suffering, plus we can file a survivor action, which is like a personal injury lawsuit allowed after a death.
Surviving spouses, children, and parents may be eligible to receive compensation after their loved one was killed on the job. If their loved one’s former employer is a workers’ comp subscriber, they may receive workers’ comp death benefits, which are 75% of the deceased worker’s average weekly wage (with minimum and maximum benefit limits). A spouse will receive benefits for life unless they remarry. When they do, they will receive a lump sum equal to two years of payments. Children may receive benefits until they reach the age of 18. For full-time students at accredited educational institutions, the age limit is 25. Disabled children may be eligible to receive benefits longer— even for life. There are other provisions in place for grandchildren who depended on a grandparent for care. If there is no surviving spouse, child, or grandparents, other relatives may receive limited benefits.
If the employer does not carry workers’ comp insurance, or we can prove extreme negligence or intentional harm on their part, we may bring a wrongful death claim against the employer. If a third party is wholly or partly to blame, they also may be sued for wrongful death. In this type of case, our work injury lawyers will seek damages for all of your losses related to your family member’s death, such as:
- Funeral costs
- Pre-death medical expenses
- Loss of income
- Loss of inheritance
- Loss of benefits (like health insurance)
- Loss of services and support formerly provided by the deceased
- Mental anguish
- Loss of companionship
- Loss of consortium between spouses.
Only spouses, children, and parents may file a wrongful death lawsuit. But the potential financial compensation is much higher than a workers’ comp death benefit.
It is important to know what to do in the aftermath of an on-the-job injury. This may affect the outcome of your claim.
- Always seek medical attention for your injuries. Whether you are considering a spinal injury claim from a heavy machinery accident or suffer from carpal tunnel syndrome from your office job, your health should always come first. This also creates an official record. Postponing medical care may make it more difficult to receive compensation. If you are covered under workers’ comp, you may be required to see a doctor who meets certain qualifications set by your employer.
- Notify your employer about your injuries. Tell them orally and in writing exactly what happened, when, and what injuries you have suffered. If they don’t give you an incident report to fill out, ask for one. Keep copies of all reports and communications.
- Maintain detailed records of your injuries. Note dates of missed work, keep copies of medical records, write down the details of your injuries and how you received them.
- Contact our Abilene work injury lawyer at the Hanna Allen, PLLC. We will review your case and explain your options for compensation.
Figuring out the best course of action after you have been hurt at work requires the expert advice of our Abilene work injury attorney. Workers’ comp and personal injury laws can be frustrating to navigate, and we will examine your case and explain your options thoroughly and in lay terms. Even if you are covered under workers’ comp, we can help you track down third parties who may share responsibility for your injuries.
Our lawyers have extensive experience fighting for those who have suffered from slips and falls, and we have gotten help for serious injuries such as back injuries and brain injuries. Don’t accept a payout from an insurance company before consulting us. We will thoroughly research your case and fight to get you the maximum amount of money your claim warrants.