
About Work Injury Cases
Do You Find Yourself Dealing With A Worker’s Compensation Or Personal Injury Situation?
It’s essential to understand that these claims operate differently, yet both provide avenues to hold your employer accountable for work-related injuries.
Interestingly, Texas stands as the only state in the United States where companies above a certain size are not mandated to carry worker’s compensation. Unbelievable, but true!
Here’s a silver lining: seeking financial compensation is often more accessible from companies not subscribing to Texas Workers’ Compensation. “Non-subscribers” lack several legal defenses available to “subscribers,” a strategy used by the Texas legal system to encourage employers to offer Workers’ Compensation. Despite approximately 81% of Texas employees being covered, the workers’ compensation system tends to favor businesses over workers.
To determine whether you have a worker’s comp or personal injury claim, start by identifying if your workplace subscribes to worker’s comp. This can be challenging, as some employers may appear to have workers’ compensation when they only possess insurance resembling it. Contact the Texas Department of Insurance Division of Workers’ Compensation to officially determine your employer’s subscriber or non-subscriber status.
If your employer is a subscriber, you’re limited to filing a worker’s comp claim, unless gross negligence resulting in the worker’s death is involved. If a third party is responsible for your injuries, you can still file a workers’ comp claim while retaining the right to file a third-party action.
Worker’s comp, however, often falls short in covering actual damages and involves navigating numerous obstacles. An alternative is pursuing a personal injury claim against a third party, like a manufacturer of defective equipment, in addition to a worker’s comp claim.
If your employer lacks worker’s comp, you can file a personal injury claim if they (or a co-worker) negligently caused your injuries. This scenario can be advantageous, as employers lose many legal defenses.
Take Swift Action – Promptness Is Crucial In Work Accident Claims!
The sooner you take action, the better. Jurors tend to view swift actions as indicative of honesty, making it easier to persuade them that your case is legitimate when you promptly file your injury claim. Additionally, crucial evidence needed to support your claim may be lost or destroyed the longer you delay. If you’ve suffered a workplace injury, act promptly to safeguard your rights. Contact Mullen & Mullen today!
With 40 years of experience, our attorneys have a proven track record of securing compensation for Texans injured on the job.
If you’ve been injured at work in Texas, our Fort Worth work accident attorneys may be able to help you recover damages. Mullen & Mullen Law Firm has been assisting Texans injured at work for over four decades.
Mullen & Mullen Law Firm can likely support you in seeking damages if your employer (or a co-worker) was negligent and the company does not subscribe to benefits.
Moreover, if your injuries resulted from the negligence of a third party unrelated to your employer (or a co-worker), we can assist you irrespective of your employer’s benefit subscription status. Additionally, if your loved one suffered a fatal workplace injury due to gross employer negligence, we can help, regardless of the employer’s subscription status.
Contrary to common misconceptions, you can file a work accident claim in Texas under certain circumstances, even if the injury occurred during the course and scope of your employment. For instance:
- Our attorneys can assist if a loved one was fatally injured at work due to the gross negligence of their employer, even if the employer subscribes to the Texas Workers’ Compensation Act.
- We can also support you if your injuries at work were a direct result of the negligence of a person or company other than your employer.
- Additionally, we can assist if your injuries occurred at work or during the course of your employment, and your employer or co-worker was negligent, provided the company is a non-subscriber to benefits.
Determining your eligibility to file a claim against your current or former employer is a complex process based on several factors. For more information on on-the-job injuries and filing a claim, click any link below to navigate to that section, or call us now for a free consultation and expert advice at (817) 768-6680.
THE IMPACT OF SUBSCRIBER VS. NON-SUBSCRIBER WORK ACCIDENT CLAIMS
Can You Initiate A Claim If The Company Provides Workers’ Compensation Benefits, And Your On-The-Job Injury Resulted From Negligence?
It’s unlikely. If your employer offers Workers’ Compensation benefits, they are categorized as a “Subscriber” to the Texas Workers’ Compensation Act. In most cases where the company is a Subscriber and negligence from the company or a co-worker is involved, your primary legal recourse is to file a Texas Workers’ Compensation claim.
Keep in mind: You have the option to file a wrongful death case against your loved one’s workplace, even if they are a “Subscriber,” in the event of their death due to the company’s gross negligence.
Also, remember: You can pursue a wrongful death case against your loved one’s employer, even if they are a “Subscriber,” if the death resulted from the company’s gross negligence. Additionally, if your on-the-job injury was caused by the negligence of a third party (not your employer or a co-worker), you can file a work accident claim against the third party, even if your employer subscribes to the Texas Workers’ Compensation Act.
Can You File A Claim If The Company Does Not Provide Workers’ Compensation Benefits, And Your On-The-Job Injury Resulted From Negligence?
Likely so. If the company does not offer Workers’ Compensation benefits, they are considered a “Non-Subscriber” to the Texas Workers’ Compensation Act, and you generally have the option to file a work accident claim against them.
Remember: If your employer is a Non-Subscriber to the Texas Workers’ Compensation Act, you still need to establish that the company or a co-worker was negligent in causing your injuries. Winning is not automatic; you must demonstrate wrongdoing by your employer or co-worker.
Also, remember: Texas encourages companies to provide Workers’ Compensation benefits to employees. Consequently, if a company is a Non-Subscriber to the Texas Workers’ Compensation Act, they face consequences as they are deprived of several common law defenses they would typically be allowed to assert, including:
Assumption Of The Risk:
A Non-subscriber cannot claim that you assumed the risk of injury or death associated with your employment.
Contributory Negligence:
If your employer is a Non-subscriber, they cannot argue that you were guilty of comparative negligence. However, they can assert that you were solely responsible for your injuries.
Fellow Servant:
In cases where the company is a Non-subscriber to the Texas Workers’ Compensation Act, they are barred from defending the case by asserting that your injury or death resulted from the negligence of a co-worker.
How Can Our Attorneys Assist You?
Mullen & Mullen Law Firm has successfully represented numerous clients injured on the job when their employers did not provide Workers’ Compensation coverage. Our attorneys employ skilled accident investigators with expertise in establishing the necessary evidence to build and win your case. If required, we are not hesitant to engage Certified Safety Experts and OSHA Experts to establish liability against your employer. Given the intricate nature of such cases, strategic planning is crucial, and Mullen & Mullen is committed to providing you with the advantage you need.
Are There Circumstances Where The Company’s Subscriber Or Non-Subscriber Status Doesn’t Matter Under The Texas Workers’ Compensation Act?
Indeed. For instance, if you sustained injuries at work or during the course and scope of your employment, but the injuries resulted from someone other than your employer or co-worker, you have the freedom to pursue personal injury damages against the negligent third party.
Remember: If your loved one’s workplace fatality was due to the gross negligence of their employer, you can pursue a personal injury case against the employer, irrespective of their status as a Subscriber or Non-Subscriber to the Texas Workers’ Compensation Act.
What Are Some Examples Illustrating The Impact Of Subscriber Vs. Non-Subscriber Status On Your Claim?
Consider the examples below to comprehend how your employer’s classification as a Subscriber or Non-Subscriber may influence your legal rights.
Example 1
You work as a delivery driver for a company that is a Subscriber to the Texas Workers’ Compensation Act. While delivering in a company van, you are rear-ended by a negligent driver. You can file a Workers’ Compensation Claim because your injuries occurred during the course and scope of your employment. Additionally, you are entitled to file a personal injury claim against the at-fault driver as your injuries resulted from the negligence of a third party.
Example 2
You are employed in a warehouse, operating a forklift for a company that is a Subscriber to the Texas Workers’ Compensation Act. A co-worker’s inattention leads to a collision with your forklift, causing injuries. You can file a Workers’ Compensation Claim as your injuries occurred during the course and scope of your employment. However, you cannot file a personal injury claim because your injuries stem from the negligence of your employer and/or co-worker.
Example 3
Similar to the above scenario, but the company is a Non-Subscriber to the Texas Workers’ Compensation Act. As your employer does not provide Workers’ Compensation benefits, you are entitled to file a personal injury claim against the company for the negligent actions of your co-worker and/or the company itself.
NEGLIGENT THIRD-PARTIES IN WORKPLACE INJURY CLAIMS
If Your Workplace Provides Workers’ Compensation Benefits, Can You Still Initiate A Personal Injury Action Against A Negligent Third Party Responsible For Your Injuries?
Yes. If the company is a Subscriber and extends Workers’ Compensation benefits, you have the option to pursue BOTH a Workers’ Compensation claim AND a personal injury claim.
Remember: If the company provides Workers’ Compensation benefits, you typically cannot pursue a personal injury claim against your employer or co-worker, even in cases of negligence. However, you retain the right to pursue a personal injury claim if your injuries were caused by a negligent third party.
Example 1
Suppose you are employed at an assembly plant, and your workplace offers Workers’ Compensation benefits. If a co-worker, not paying attention, collides with you and causes injuries, you cannot file a personal injury action against your employer. However, if a UPS employee enters the plant to deliver a package and collides with you due to negligence, you CAN pursue a personal injury claim since the UPS employee is considered a negligent third party.
Example 2
Consider working for Best Buy’s Geek Squad, where Best Buy provides Workers’ Compensation benefits. While driving to an installation, a driver runs a red light and T-bones your VW Beetle. You have the right to file a Workers’ Compensation claim because the injury occurred during the course and scope of your employment with Best Buy. Additionally, you can file a personal injury claim with the liability insurance company of the at-fault driver.
ESTABLISHING LIABILITY AGAINST AN EMPLOYER IF HURT ON THE JOB
If Your Workplace Lacks Workers’ Compensation Benefits And You Sustain An Injury On The Job, Does This Guarantee Automatic Success In Your Personal Injury Case?
No. If your employer is a Non-Subscriber, you still need to demonstrate that the employer or a co-worker was negligent and that this negligence directly caused your injuries. In essence, you are required to prove that your employer or co-worker committed a wrongful act.
An Illustrative Example
Imagine your employer is a Non-Subscriber and does not offer Workers’ Compensation benefits. Your workplace provides you with a back brace for lifting heavy items, and your job entails lifting at least 50 pounds. While lifting a 15-pound piece of equipment, you incur an unexpected injury and strain a back muscle. In such a scenario, it is unlikely that the employer would be deemed negligent, considering they provided you with a back brace and the weight lifted was below the maximum limit required.
How Do You Establish Liability Against Your Employer?
Establishing liability against your employer can take various forms. To prevail in your case, you must demonstrate that your employer was negligent, meaning they failed to act as a reasonably prudent company would under similar circumstances. You need to show that your employer’s actions or inactions directly led to your injury.
What Are Some Scenarios In Which Your Workplace Might Be Negligent For Your Injuries?
Keep in mind that injuries can occur in numerous ways, and various factors could contribute to them. The following examples are not exhaustive. If you have any uncertainties about whether your employer’s conduct (or lack thereof) played a role in your injuries, seek a free consultation from a personal injury lawyer promptly.
Examples:
Negligent Supervision:
Your employer may be held liable if your injuries resulted from negligent supervision of your co-workers or insufficient supervision on your part. For instance, if you were a novice welder and your employer left you unsupervised.
Negligent Training:
Your employer may be liable if inadequate training, either for you or a co-worker, contributed to your injuries.
Not Providing Proper Equipment:
If your job requires regular lifting of 50 pounds, and your employer fails to provide a weight belt, you could argue that the workplace was negligent for not supplying adequate safety equipment.
Not Implementing Proper Policies and Procedures or Not Enforcing Them:
Your employer might be liable if they failed to establish proper policies and procedures or neglected to enforce existing ones.
Not Warning You of Known Dangers:
If your employer was aware of specific dangers associated with an activity or a particular area of the premises and did not warn you, they could be held liable.
ABOUT CLAIMS INVOLVING DEATH AND GROSS NEGLIGENCE
Can Your Family Pursue A Wrongful Death Action If Your Loved One Was Killed Due To The Gross Negligence Of Their Employer?
Yes, whether your loved one’s employer is a Subscriber or Non-Subscriber, your family can indeed file a personal injury claim against the employer.
Remember: If your loved one was killed at work due to the ordinary negligence of a subscribing employer, the exclusive remedy would be through the workers’ compensation system.
How Can Our Attorneys Assist?
Our legal team is committed to investing the necessary resources to secure experts who can substantiate claims of gross negligence, enabling the pursuit of punitive damages.
If Your Loved One Suffered Catastrophic Injuries Due To Their Workplace’s Gross Negligence, Are Punitive Damages Potentially Recoverable?
No, punitive damages are only attainable if the employer was grossly negligent, and your loved one’s injuries resulted in death.
MULTI-EMPLOYER WORK SITES
What Constitutes A Multi-Employer Work Site?
A multi-employer work site is exemplified in construction projects, where various companies have employees working at the same location. For instance, a general contractor may hire sub-contractors such as electricians, plumbers, roofing experts, flooring specialists, and more.
Remember: If you were injured due to a co-worker’s negligence, and your employer is a Subscriber, filing a Workers’ Compensation claim is likely your exclusive remedy for the sustained injuries. However, if you were on the work site as an employee of ABC Electricians and got injured due to the negligence of an NOP Flooring employee, you could file both a Workers’ Compensation claim and a personal injury claim against NOP Flooring, as a negligent third party was responsible for your injuries.
Remember: The general contractor or entity owning the work site could be held liable if they failed to adequately supervise the work site.
GETTING MEDICAL TREATMENT FOR WORK-RELATED INJURIES
If You Sustained An Injury At Work, Are You Eligible For Necessary Medical Treatment?
Possibly. If your employer subscribes to benefits, you are likely to receive some medical treatment. It’s important to note, however, that many employers direct injured workers to medical providers who may prioritize a swift return to work. If your employer does not offer Workers’ Compensation benefits, they might still guide you to a preferred medical provider to minimize their exposure.
Remember: Clinics recommended by employers often have a pro-employer bias and may push for a quick return to work after a limited number of therapy sessions.
How Can Our Attorneys Assist?
Our Fort Worth work accident attorneys have access to an extensive network of medical providers dedicated to serving injured workers. These providers prioritize your health and will not clear you for work unless it is deemed safe. Our network includes medical doctors, surgeons, chiropractors, physical therapists, MRI facilities, neurologists, surgical clinics, hospitals, counselors, and more.
What Is The Cost Of All This Medical Treatment?
Facing injury at work can be challenging, especially when medical bills accumulate. We collaborate with medical providers who agree to delay billing until the conclusion of your work accident claim. You won’t have initial out-of-pocket expenses for quality care, allowing you to focus on recovery and returning to work to support your family.
Should You Avoid Seeing The Workers’ Compensation Doctors?
Generally no. In many cases, you may have the right to file both a Workers’ Compensation claim AND a personal injury claim. It is advisable to attend medical appointments with the “company doctor” to avoid potential grounds for ending your workers’ compensation claim, as non-compliance or missed appointments could jeopardize your eligibility for benefits.
QUALIFYING FOR A LAW LOAN
Could You Be Eligible For A Law Loan To Cover Bills During Your Recovery From Injuries?
Yes, it’s possible. Law loan companies assess the risk of your case to determine if they are comfortable loaning funds in exchange for an assignment in the settlement proceeds of your case.
How Can Our Attorneys Help?
Most law loan companies typically require representation by a lawyer for an injured worker to receive an advance. Our attorneys have relationships with major law loan companies, and some of these companies may offer Mullen & Mullen clients capped interest rates.
RECOVERING DAMAGES IN WORKPLACE INJURY CLAIMS FOR NON-SUBSCRIBERS TO TEXAS WORKERS’ COMPENSATION ACT
If your employer does not subscribe to the coverage provided by the Texas Workers’ Compensation Act, you may be eligible to seek recoverable damages if you sustain injuries at work due to the negligence of the company or a co-worker. Potential damages include compensation for past and future mental anguish, past and future physical impairment, past and future pain and suffering, loss of past earnings, loss of future earning capacity, recoupment of past medical expenses, and any necessary future medical expenses.
It’s essential to note that if your injuries were caused by a negligent third party, rather than your workplace or co-worker, you are also entitled to the damages mentioned above.
In cases where the employer’s gross negligence results in the death of the injured worker, punitive damages may be applicable.
WORKERS’ COMPENSATION LIENS
The Workers’ Compensation carrier can place a lien on the proceeds of any settlement reached with a negligent third party responsible for your injuries, a right referred to as subrogation.
The carrier is likely to exercise this right, and while they may reduce their lien, they often agree to do so to secure at least a portion of the funds they are entitled to.
Our attorneys are experienced in negotiating down Workers’ Compensation liens, ensuring our clients retain more of their settlement funds. We regularly engage with major subrogation recovery organizations.
If your injuries result from a negligent third party, and the workers’ compensation carrier doesn’t hire its own counsel, you are generally entitled to a 1/3 reduction in the lien amount.
TERMINATION AFTER A WORKPLACE INJURY
If you suspect your employer fired you due to a workplace injury, it’s crucial to address the situation promptly. Terminating an employee for sustaining an on-the-job injury may constitute retaliatory discharge, leading to legal action against the company.
While employers may attempt to justify terminations by citing performance issues or financial difficulties, it’s important to consult a personal injury attorney, who can help connect you with an employment law attorney if you are a victim of retaliatory discharge.
Our Fort Worth work injury attorneys provide free consultations to discuss the specifics of your case. We operate on a contingency fee basis, meaning you only pay if we secure a favorable outcome for you. If, after our discussion, it is determined that you don’t have a claim, there is no cost to you.
We also handle Texas Oilfield / Offshore and Electrocution Work accident injuries.
CONTACT US FOR A FREE CONSULTATION
Call (817) 768-6680 to talk to a Fort Worth work injury attorney right now. We won’t put any pressure on you to hire us on the spot. Simply learn how we’ll approach your case and get some excellent free advice. Make your decision only when you feel 100% ready. Do remember though, that the Texas statute of limitations gives you just 2 years from the date of your accident to file a claim.
We’ll come to your home or hospital room if it makes it easier on you! Phone and Zoom consultations are also available. You can call us, or use the form or chat feature on this page to request a free consultation now.
FORT WORTH OFFICE LOCATION
Mullen & Mullen Law Firm
9500 Ray White Rd #241
Fort Worth, TX 76244
Phone (817) 768-6680
By Appointment Only