Top-rated Work Accident Attorneys in Frisco, TX

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Join Clients That Rave
Chad BurnettChad Burnett
16:28 30 Oct 23
I hired Mullen & Mullen following a motor vehicle collision. I could not be more pleased with the Dallas personal injury lawyers I selected. They are the real deal! I was always kept in the loop on case developments. My attorneys sent the at-fault liability carrier multiple demands to make them agree to pay the policy limits. My lawyers also sent my own insurance company several demands to get them to offer me nearly the policy limits. A lot of attorneys would have given up and just recommended filing a lawsuit but Mullen & Mullen kept pounding the insurance companies until they did the right thing. This saved me a tremendous amount of money and time. I'm so very grateful that I found ethical, tenacious, and skilled attorneys to represent me. Mullen & Mullen gets my highest recommendation if you need a Dallas car accident attorney.C. Burnett
Diane WallaceDiane Wallace
17:43 26 Oct 23
Mullen and Mullen did an absolutely brilliant job representing me in an injury lawsuit and getting me maximum settlement results. I recommend them highly!
Mari HksMari Hks
17:38 04 Oct 23
Highly recommend this law firm, Josh took care of my case he was very nice and professional along with everyone else.
Zac CanidaZac Canida
17:14 26 Sep 23
I’m only 22 and this was the first case I’ve ever had, I got recommended Mullen and Mullen by a friend who has used them plenty of times and said nothing but good things about them. I have yet to see or hear anything that contradicts her statements! Everyone on the Mullen and Mullen team has been super helpful and kind to me by explaining everything that had and needs to be done to get the case in the right direction. Greg especially has been very helpful by keeping me updated and answering any questions I might have about the situation, he’s been an amazing help and I’m glad I was able to get him assigned to help me get what I deserve from my car accident. Very professional and fast responses, If you are ever injured in a car accident I 100% recommend this team to fight for you, ask for Greg!
sisay Aberasisay Abera
15:50 13 Sep 23
Highly recommend this law firm, filled with very nice and professional people who put their clients first. Josh took care of my case and were able to reduce my medical bills significantly which was awesome! Very pleased and glad I had them to work on my car accident case.Thank you, Mullen & Mullen Law Firm
Terrie RachallTerrie Rachall
20:13 28 Jul 23
Joe Morrison with Mullen and Mullen was fantastic representing me for an injury on someone's property. He kept me updated through the entire 2 year process. If I had any questions, Joe took the time to personally take my call and provide answers. Joe negotiated a settlement very quickly and ensured I received a fair settlement. I highly recommend Mullen and Mullen and would hire them again if I need help in the future. Best experience with any lawyer I have ever had!!
Alex MalcolmAlex Malcolm
22:05 17 May 23
I was injured in a motorcycle accident, and Shane Mullen took on my case with determination and empathy. His attention to detail and commitment to my case led to a favorable outcome. I'm grateful for his hard work and highly recommend Mullen & Mullen Law Firm.
I was involved in a car accident in Dallas texas off mockingbird. I was T bone by someone who had ran a red light. Me being a young female, I felt lost and taken advantage of by the other parties insurance.I chose Mullen Mullen because they were the only law firm who physically wanted to meet me and hear my side. They helped me with all on the medical assistance that I needed . Although it was a lot of therapy, I was really happy with the doctors they sent me to. Josh was very welcoming and I honest in the process. Every time I felt so at ease after speaking with him. I am so happy I had him on my case. Very hands on. Highly recommend!!!
Camry AdamsCamry Adams
16:21 14 Dec 22
Karen Lavigne is my name, and I had a great experience with Mullen & Mullen. Josh and Jessica was very patient and informative. If I had to decide again on which law firm to go with it would be Mullen & Mullen. Very transparent about ALL of my money down to the penny. I definitely recommend.
A AA A
14:57 01 Oct 22
It Honestly baffles me to see ANY negative or low reviews on this law firm. My case is far from over, however, I have never known a lawyer or law firm to not only give you their personal cell phone number but to also respond within 15 minutes. Never a complaint on the 10 plus text messages asking questions or the 2-3 paragraph e-mails. Never telling you it's to late or they are off the clock. They are NEVER off the clock. This firm has two or three lawyers dealing with numerous clients and STILL manage to do all they can to make you feel you are the only one. Try to remember they are human. They truly do everything to put you and your recovery first. The process is long but not something they have any control over. They don't control the Dr. Appointments or your recovery. They will help you find amazing Dr.s then it's up to you to be proactive in your recovery and keeping your appointments. It's been over a year and a half since my injury and my amazing, patient, and hardworking Attorney Joe has been here with me every step of the way. Hundreds of 5 star reviews. 3 or 4 low ones. You do the math.
Paul SPaul S
21:36 05 Sep 22
Mullen and Mullen are the best personal injury team in DFW. When you hire Mullen and Mullen, you have the best personal injury attorneys in DFW. You are getting the best support staff in the state of Texas.Knowing every case is unique. My case took 3 years to complete. My team was professional in the face of a lot of stalling tactics. Without a bat of an eye, the team turned up the heat on the defense for the best possible outcome for all parties.Without details, this group changed not only my life. Mullen and Mullen helped me change my outlook on life after the accident.The most important lessons I learned: 1) Do not try to navigate an personal injury case no matter the cause 2) Listen and follow the advice of your attorney. Get the best in Texas.Shane and Paul, thank you from me and my family.
Larry JohnsonLarry Johnson
17:00 06 Jul 22
I would like to thank Mullen and Mullen for the great service I received. I was involved in an accident and they really helped me out. I worked with the paralegal named Josh and he really made everything a simple process. Josh did a wonderful job and I couldn't be happier!
yolanda Rodriguezyolanda Rodriguez
23:17 15 Jun 22
I love they way they work and communication is the best, they will reach out to you and see if you need anything. Questions you have them they will answer you. Josh is an excelente person that help me so much he was always there for me and if I called him he would return my call as fast as he could. He explained everything I asked and I was really comfortable with him. Josh you are an awesome person. Thank you for everything. I love their services n I would highly reconmand them. Mullen and Mullen are there for you as soon as you call them.
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Join The Family That Wins

In the last 3 years, we’ve made TopVerdict’s annual Texas “Top 50 Personal Injury Settlements” list 43 times.

2022 Texas Top 50 Personal Injury Settlements Mullen & Mullen
2021 Texas Top 10 Motor Vehicle Accident Settlements Mullen & Mullen
Award for Texas Top 20 Personal Injury Settlements 2021 by Top Verdict
2021 Texas Top 50 Personal Injury Settlements Mullen & Mullen
2020 Texas Top 10 Motor Vehicle Accident Settlements Mullen & Mullen
2019 Texas Top 20 Settlements All Practice Areas Mullen & Mullen
Play Video about Recognition for Mullen & Mullen Law Firm: Top Choice Award Winner, Texas Super Lawyer, BBB A+ Rated, Top Settlement Awards, Multi-Million Dollar Advocates Forum Members

Top Frisco Work Injury Lawyers Who Settle For More

YOU CAN TRUST OUR FAMILY TO FIGHT FOR YOURS™

If you were injured in a work accident, our skilled Frisco attorneys fight tenaciously to ensure the maximum available settlement while offering you the lowest contingency fee. We handle your case the way we would want our own case handled.

Mullen & Mullen is consistently recognized by TopVerdict for obtaining some of the largest recoveries in the entire state of Texas. In the last 3 years our firm made the Texas “Top 50 Personal Injury Settlements” list 43 times. Our stellar results allow us to offer a below industry standard 29% pre-suit contingency fee which means more money in your pocket.

Our experienced local team has an incredibly strong work ethic and truly cares. We’ve been privileged to serve North Texas for over 40 years. This is our backyard. Call (214) 529-3476 now for a free consultation and some excellent advice.

What Your Attorney Says

Workplace injury cases are a minefield – it’s best to get an experienced advocate.

Workplace injury cases demand careful and strategic decision-making right from the start. If you’ve sustained an injury at work, it’s crucial to reach out to us promptly. Our firm is committed to assisting individuals hurt on the job due to the negligence of third parties or companies.

Consider the case of one of our clients, a subcontractor who suffered a severe fall while constructing an apartment building. His injuries resulted from the actions of an employee from a different subcontractor who created a hidden hazard at the site. In another instance, a warehouse worker assembling components faced a crush injury when a driver delivering beverages ran over his foot.

In both situations, the injured workers didn’t hold their employers responsible. Instead, they pursued legal action against the respective employers of those individuals at fault. In such cases, we can represent you against the third party and help you assess the implications of receiving treatment either from “company doctors” or physicians of your choice.

A critical factor in these cases is whether your employer provides State of Texas workers’ compensation benefits. If they do, they are considered a “subscriber.” If not, they fall under the “non-subscriber” category. Beware that some employers might falsely claim to have workers’ compensation insurance. Verifying your employer’s status with the Texas Department of Insurance – Workers’ Compensation division is essential.

If your employer is a non-subscriber, and your injury resulted from your company’s or a co-worker’s negligence, we can assist you. We have successfully handled numerous cases where non-subscriber employers neglected safety measures, proper training, adequate gear, or failed to rectify dangerous conditions. In such situations, the employer loses key legal defenses, and even a minimal 1% negligence on their part holds them 100% responsible for your damages. This serves as a penalty for not offering genuine Texas workers’ compensation insurance benefits.

We also advocate for bereaved families whose loved ones lost their lives at work due to employer or co-employee negligence. In these cases, if the employer subscribes to genuine Texas Workers’ Compensation insurance, your family can seek compensation beyond the workers’ compensation system. To prove the employer’s gross negligence, we initiate our investigation promptly, involving experts and collaborating closely with the Occupational Safety and Health Administration (OSHA) whenever feasible.

Navigating workplace injury cases can be complex, but remember, our initial consultation is free of charge. We’re dedicated to understanding the specifics of your situation, advising you on your rights, and, if necessary, directing you to a suitable workers’ compensation attorney.

Shane V. Mullen
Eagle

Our Results Speak For Themselves

Gross Settlements Before Fees & Expenses

We have achieved numerous multimillion-dollar settlements across all practice areas, but we are restricted from displaying some very large results due to settlement confidentiality. Here are a few recent results without confidentiality agreements:

$6,150,000.00
Work Accident

$4,000,000.00
Wrongful Death

$2,978,104.95
Vehicle Accident

$2,550,000.00
Vehicle Accident

$2,550,000.00
Vehicle Accident

$2,250,000.00
Premises Liability

Why Choose Mullen & Mullen to Handle Your Case?

According to TopVerdict.com, our Dallas attorneys consistently achieve some of the highest recoveries in the state of Texas. As a matter of fact, in the last three years we’ve made their “Texas Top 50 Personal Injury Settlements” list 43 times. For example, in 2021 one of our claims made the Top 10 list, eight made the Top 11-20 list, and ten made the Top 21-50 list. When you factor in our reduced 29% contingency fee, we are confident we will help you recover more. At Mullen & Mullen, we pride ourselves on routinely recovering full policy limits for our clients without the necessity of costly and time-consuming litigation.

We have access to state-of-the-art diagnostic technology through well-established relationships with medical doctors, surgeons, physical therapists, chiropractors, neurologists, counselors, and other healthcare providers in the entire DFW Metroplex. You receive the quality medical attention you need from local providers near where you live or work. These providers specialize in treating people hurt in accidents of all kinds and they know how to properly document injuries to meet the legal burden of proof in your personal injury case. These providers are also willing to delay billing collections until after your case is resolved so you can focus on recovering without additional stress. Physicians that don’t routinely treat accident victims as part of their practice usually turn away patients over fear of being involved in the legal process or fear of health insurance companies refusing to pay accident-related healthcare bills. Please call us at 214-747-5240 for a free consultation and some advice.

Even if you don’t have health insurance or can’t afford your deductible, Mullen & Mullen will secure you the quality healthcare and state-of-the art diagnostics you deserve with no upfront out of pocket costs.

Shane, Joseph and Regis have almost 100 years of combined experience practicing personal injury law. That doesn’t even include the combined experience of the attorneys that serve as of-counsel to Mullen & Mullen at no additional cost to our clients. Our firm continues to evolve, but we never forget our Core Values. We do the right thing, handle cases the way we would want our own case handled, and we truly listen to clients. We have over 40 years of local knowledge, and that matters!

Some lawyers forget that they represent the client, but we never have. Our legal team will make YOU the priority. You are the boss, and we will respond quickly to your requests for case updates and assistance. We guarantee that when you need to speak to your counsel, you will speak directly to your counsel, not to a paralegal or secretary, because that’s the way it should be.

Most firms hire an investigator to help develop evidence on your case and charge you back for that service. Our firm, however, has 2 full-time accident investigators on staff and we offer their services to you for free. This is another way we will maximize your compensation.

They say a picture is worth a thousand words. Video footage is worth a lot more. Our in-house videographer allows us to capture the true impact the accident has on your life beyond mere words on a piece of paper.

When necessary, Mullen & Mullen Law Firm uses cutting edge technology like 3D imaging videos to fully demonstrate the extent of our clients’ injuries to the insurance companies. This also helps maximize the value of your claim.

Mullen & Mullen’s attorneys live and work right here in Dallas, and always have. We believe in paying our success forward by helping people in the North Texas community, and are dedicated to supporting these local charities.

About Our Highly Skilled Attorneys

Attorney Shane V. Mullen, Managing Partner
Shane V. Mullen, Attorney at Law

Shane V. Mullen, Managing Partner

Our Managing Partner, Shane V. Mullen, has been handling personal injury cases for 21 years. He is “Top-rated” by Thompson Reuters who named him as a Texas Super Lawyer 3 consecutive years. Shane is also a lifetime member of both the Million & Multi-Million Dollar Advocates Forums, solidifying his expertise in handling significant cases. He is also an esteemed member of Rue Ratings’ Best Attorneys of America, further attesting to his exceptional legal prowess. Shane brings hard-won, battle born knowledge to your case.

Attorney Joseph R. Morrison, Senior Associate
Joseph R. Morrison, Attorney at Law

Joseph R. Morrison, Senior Associate

With 18 years of personal injury experience, Attorney Joseph R. Morrison has established himself as a highly skilled legal professional. Notably, he served as counsel of record in a case that garnered recognition from VerdictSearch.com as a top 5 Premises liability (slip and fall) verdict in Texas. The defendant in this case was a Fortune 500 company with an annual revenue exceeding 11 billion. The specific case, Jeffrey Young v. ConAgra Foods, Inc., showcased Joe’s exceptional abilities in achieving favorable outcomes.

Joe is a distinguished member of The National Trial Lawyers: Top 100 Civil Plaintiff Trial Lawyers, solidifying his standing among the nation’s most esteemed legal practitioners. Furthermore, his membership in both the Million & Multi-Million Dollar Advocates Forums further attests to his expertise in handling substantial cases.

Multi-Million Dollar Advocates Forum member

Million and Multi-Million Dollar Advocates Forum

Both Shane and Joseph are lifetime members of the Million & Multi-Million Dollar Advocates Forums, meaning they have each settled cases in excess of two million. This solidifies their expertise in handling significant personal injury cases.

Regis L. Mullen, Founding Attorney
Regis L Mullen, Attorney at Law

Regis L. Mullen, Founder

Our Founder, Attorney Regis L. Mullen, has 56 years of personal injury experience. Regis received his Admission to practice law in 1967. Previously a Litigation Supervisor at Allstate Insurance Company, he knows all the tactics liability carriers use to deny or reduce personal injury settlements. Drawing upon his profound comprehension of the inner workings of the insurance industry, Regis established a law firm dedicated to meeting the legal needs of injured individuals in North Texas.

 

About Work Injury Cases

Do You Find Yourself Grappling With The Intricacies Of A Worker’s Compensation Or Personal Injury Claim?

Worker’s compensation and personal injury claims operate under distinct mechanisms. In either scenario, your employer can be held accountable for injuries sustained on the job.

Interestingly, Texas stands alone as the sole state in the United States where companies above a certain size aren’t mandated to carry worker’s compensation.

Surprising, but true!

The silver lining is that it’s typically more straightforward to recover financial compensation from companies not subscribing to Texas Workers’ Compensation. Legal defenses available to “subscribers” are often unavailable to “non-subscribers.” The Texas legal system leverages this to encourage employers to provide Workers’ Compensation to their employees.

While approximately 81% of Texas employees are covered, a significant portion remains unprotected. Unfortunately, the workers’ compensation system in Texas tends to favor businesses over workers.

Here’s how to discern whether you have a worker’s comp or personal injury claim:

Ascertain Your Workplace’s Worker’s Comp Subscription Status

Determining this can be trickier than it seems. Some employers may present as having workers’ compensation when, in reality, they only have insurance resembling it. Contact the Texas Department of Insurance Division of Workers’ Compensation to officially confirm your employer’s subscription status.

Subscriber Status: Worker’s Comp Claim

If your employer subscribes, filing a personal injury claim against them is not an option. Your sole recourse is a workers’ compensation claim, unless gross negligence led to the worker’s death. If a third party, rather than your employer, is responsible for the injuries, you can still file a workers’ compensation claim and maintain the right to file a third-party action.

Challenges With Worker’s Comp

Compensation through workers’ compensation often falls short of covering actual damages, and the process can be arduous. A workaround is available if a third party, like a manufacturer of defective equipment, is involved. In such cases, you can file a personal injury claim against the third party while concurrently filing a workers’ comp claim.

Non-Subscriber Status: Personal Injury Claim

If your employer (or a co-worker) is a non-subscriber and negligently causes your injuries, you have a personal injury claim. Interestingly, this situation can be advantageous, as many legal defenses available to employers are forfeited.

Take Swift Action – Promptness Is Crucial In Work Accident Claims!

The sooner you take action, the better. Jurors are inclined to believe that individuals with genuine claims act promptly, making it more convincing to establish the validity of your case. Additionally, essential evidence required for a successful claim may be lost or compromised the longer you delay. If you’ve sustained a workplace injury, act promptly to safeguard your rights. Contact Mullen & Mullen today!

Our legal team boasts 40 years of experience in securing compensation for Texans injured on the job.

If you’ve experienced a workplace injury in Texas, our Frisco work accident attorneys may be able to assist you in recovering damages. Mullen & Mullen Law Firm has been dedicated to helping Texans injured at work for over four decades.

Mullen & Mullen Law Firm can likely aid you in seeking damages if your injury resulted from your employer’s (or a co-worker’s) negligence, and the company does not subscribe to benefits.

Furthermore, if your injuries were caused by the negligence of a third party unrelated to your employer (or a co-worker), we can provide assistance, irrespective of your employer’s subscription status. Additionally, if your loved one suffered a fatal workplace accident due to gross negligence, we can help, even if the employer is/was a subscriber.

Contrary to common misconceptions, you may still file a work accident claim if you were injured on the job in certain circumstances. For instance:

  • Our attorneys can guide you if a loved one’s workplace fatality resulted from the gross negligence of their employer, even if the employer subscribes to the Texas Workers’ Compensation Act.
  • We can also assist if your injuries occurred at work or during employment due to the negligence of a party other than your employer.
  • Our attorneys are available to help if your injuries at work were a result of negligence by your employer or co-worker in the case of a non-subscriber to benefits.

Determining your eligibility to file a claim against your current or former employer is a nuanced process based on multiple factors. For more information on on-the-job injuries and potential claims, click on any link below to explore specific sections or call us now for a complimentary consultation and valuable advice at (214) 529-3476.

THE IMPACT OF SUBSCRIBER VS. NON-SUBSCRIBER WORK ACCIDENT CLAIMS

Can You Pursue A Claim If The Company Provides Workers’ Compensation Benefits And Your On-The-Job Injury Results From Negligence?

Likely not. If your employer offers Workers’ Compensation benefits, they are classified as a “Subscriber” to the Texas Workers’ Compensation Act. In most cases where the company is a Subscriber and negligence is involved, your primary legal recourse is to file a Texas Workers’ Compensation claim.

Important to note: If your loved one’s workplace is a “Subscriber,” you can still file a wrongful death case if their death resulted from the company’s gross negligence.

Also, keep in mind: You can file a wrongful death case against your loved one’s employer even if they are a “Subscriber” if the fatality resulted from the company’s gross negligence. Additionally, if you were injured on the job or during the course and scope of your employment, but your injuries were caused by 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 Pursue A Claim If The Company Does Not Provide Workers’ Compensation Benefits And Your On-The-Job Injury Results From Negligence?

Likely so. If the company does not offer Workers’ Compensation benefits, they are categorized as a “Non-Subscriber” to the Texas Workers’ Compensation Act, and you generally have the right to file a work accident claim against them.

Crucial to 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 important: The State of 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 penalties by being denied several common law defenses, which would typically be available to them. These defenses include:

Assumption Of The Risk:

If the company is a Non-Subscriber, they cannot argue that you assumed the risk of injury or death associated with your employment.

Contributory Negligence:

If your employer is a Non-Subscriber, they cannot claim that you were guilty of comparative negligence. However, they can argue that you were solely responsible for your injuries.

Fellow Servant:

In the scenario where the company is a Non-subscriber to the Texas Workers’ Compensation Act, they are prohibited from using the defense that your injury or death resulted from the negligence of a co-worker.

How Can Our Attorneys Assist?

Mullen & Mullen Law Firm has represented numerous clients injured on the job when their employers did not provide Workers’ Compensation coverage. Our attorneys have skilled accident investigators with the expertise to gather 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. This type of case demands careful strategy, and Mullen & Mullen can provide the advantage you need.

Are There Situations Where The Distinction Between Subscriber And Non-Subscriber To The Texas Workers’ Compensation Act Doesn’t Matter?

Indeed. For instance, if you were injured 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 was fatally injured at work due to the gross negligence of their employer, you can pursue a personal injury case against the employer, regardless of their Subscriber or Non-Subscriber status under 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 better comprehend how your employer’s classification as a Subscriber or Non-Subscriber may affect your legal rights.

Example 1

You are a delivery driver for a company that is a Subscriber to the Texas Workers’ Compensation Act. While making a delivery in a company van, you are rear-ended by a negligent driver. You can file a Workers’ Compensation Claim as your injuries occurred during the course and scope of your employment. Additionally, you can file a personal injury claim against the at-fault driver because your injuries resulted from the negligence of a third party.

Example 2

Working in a warehouse, you operate 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 you to fall and sustain 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 resulted from the negligence of your employer and/or co-worker.

Example 3

Using similar facts to the previous example, but with the company as a Non-Subscriber to the Texas Workers’ Compensation Act. Since your employer does not offer 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, you can. If the company is a Subscriber and offers 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 can pursue a personal injury claim if your injuries were caused by a negligent third party.

Example 1

Imagine working at an assembly plant where your workplace provides 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, due to negligence, collides with you, you CAN pursue a personal injury claim as the UPS employee is a negligent third party.

Example 2

Consider working for Best Buy’s Geek Squad, with Best Buy offering Workers’ Compensation benefits. While driving to an installation, another driver runs a red light and T-Bones your VW Beetle. You CAN file a Workers’ Compensation claim since the injury occurred in the course and scope of your employment with Best Buy. Additionally, you can ALSO 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 Does Not Offer Workers’ Compensation Benefits And You Sustain An Injury At Work, Does This Automatically Guarantee A Victory 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 led to your injuries. In essence, you must prove that your employer or co-worker engaged in wrongful conduct.

An Illustration

Imagine your employer is a Non-Subscriber and does not provide Workers’ Compensation benefits. Your workplace supplies 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 experience an unexpected injury and strain a back muscle. It is unlikely that the employer would be deemed negligent, as they provided a back brace, and 15 pounds was below the maximum weight requirement for lifting.

How Do You Establish Liability Against Your Employer?

Establishing liability against your employer can be achieved in numerous ways. To succeed 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 lack thereof, resulted in your injury.

In What Scenarios Might Your Workplace Be Considered Negligent For Your Injuries?

Keep in mind that injuries can occur in various ways, and multiple factors may contribute to them. The following examples are not exhaustive, and if you have any uncertainty about whether your employer’s actions (or lack of action) played a role in your injuries, seek a free consultation from a personal injury lawyer as soon as possible.

Examples:

Negligent Supervision:

Your employer may be liable if your injuries resulted from negligent supervision of your co-workers or inadequate supervision, such as being left alone and unsupervised while learning a new skill like welding.

Negligent Training:

Your employer may be liable if injuries occurred due to negligent training of you or a co-worker, especially if insufficient training led to the injuries.

Failure to Provide Proper Equipment:

If your job requires regular lifting of 50 pounds and your employer did not supply a weight belt, you could argue negligence for failing to provide necessary safety equipment.

Failure to Implement or Enforce Policies and Procedures:

Your employer might be liable if they did not establish proper policies and procedures, or if they had them but failed to enforce them consistently.

Failure to Warn of Known Dangers:

If your employer was aware of dangerous activities or areas on the premises and did not warn you, they could be held liable, among other possibilities.

ABOUT CLAIMS INVOLVING DEATH AND GROSS NEGLIGENCE

Can Your Family Pursue A Wrongful Death Action If Your Loved One Was Fatally Injured Due To Their Employer’s Gross Negligence?

Yes, regardless of 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’s death at work resulted from the ordinary negligence of a subscribing employer, the exclusive remedy will be through the workers’ compensation system.

How Can Our Attorneys Assist?

Our legal team is willing to invest the necessary resources to secure experts who can establish gross negligence, enabling the potential recovery 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 recoverable if the employer was grossly negligent and the injuries resulted in death.

MULTI-EMPLOYER WORK SITES

What Constitutes A Multi-Employer Work Site?

A multi-employer work site is best exemplified by a construction project, where multiple companies may have their employees at the same work site. For instance, a general contractor may hire sub-contractors, including electricians, plumbers, roof experts, flooring experts, etc.

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 sole remedy for the sustained injuries. However, if you were at the work site as an employee of ABC Electricians and were injured due to the negligence of an employee of NOP Flooring, you would be eligible to file both a Workers’ Compensation claim and a personal injury claim against NOP Flooring since a negligent third party was responsible for your injuries.

Remember: The general contractor and/or entity that owned the work site could bear liability if they failed to properly supervise the work site.

GETTING MEDICAL TREATMENT FOR WORK-RELATED INJURIES

If You Sustained An Injury At Work, Are You Entitled To Necessary Medical Treatment?

Possibly. If your employer subscribes to benefits, you will likely receive some medical treatment. It’s important to note, however, that many employers direct injured workers to medical providers that may prioritize a swift return to work. If your employer doesn’t provide Workers’ Compensation benefits, they may still guide you to a regular provider in an attempt to minimize their exposure.

Remember: Clinics recommended by employers often have a pro-employer stance and may advocate for your return to work after a limited number of therapy sessions.

How Can Our Attorneys Assist?

Our Frisco work accident attorneys have established a comprehensive network of medical providers dedicated to serving injured workers. These providers prioritize your health and will not release you back to work unless it’s deemed safe. Our network includes various specialists such as medical doctors, surgeons, chiropractors, physical therapists, MRI facilities, neurologists, surgical clinics, hospitals, counselors, and more.

Concerned About The Cost Of Medical Treatment?

Facing mounting medical bills can be challenging when you’re injured at work. We collaborate with medical providers willing to defer billing until the conclusion of your work accident claim. This ensures you have no initial out-of-pocket expenses for quality care, allowing you to focus on recovery without financial stress.

Should You See The Workers’ Compensation Doctors?

Generally, yes. 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 complications with your workers’ compensation claim due to non-compliance.

QUALIFYING FOR A LAW LOAN

Wondering If You Qualify For A Law Loan To Cover Expenses During Your Recovery?

Yes, you could be eligible. Law loan companies assess the risk of your case to determine whether they can provide funds in exchange for an assignment in the settlement proceeds of your case.

How Can Our Attorneys Help?

Many law loan companies require representation by a lawyer for a loan application. We have strong relationships with major law loan companies, and some even cap the amount of interest they charge our clients at Mullen & Mullen.

COMPENSATORY DAMAGES IN WORKPLACE INJURY CLAIMS

What Types Of Compensation Might Be Accessible If Your Workplace Is Not Covered By The Texas Workers’ Compensation Act?

In instances where your employer lacks coverage, and you sustain injuries at work due to the negligence of the company or a co-worker, you have the right to seek damages against the company. Potential recoverable damages encompass 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, recovery of past medical expenses, and any necessary future medical expenses.

Note: If your work-related injuries resulted from the negligence of a third party (other than your workplace or co-worker), all the aforementioned damages are also applicable.

What Damages Are Potentially Available If The Employer Was Grossly Negligent, Leading To The Death Of The Injured Worker?

Answer: Punitive damages.

WORKERS’ COMPENSATION LIENS

Can The Workers’ Compensation Carrier Impose A Lien On The Settlement Proceeds From A Negligent Third-Party Responsible For Your Injuries?

Yes, it is likely. The Workers’ Compensation carrier’s ability to recover a share of your third-party settlement is known as the right of subrogation.

Do Workers’ Compensation Carriers Negotiate Their Lien Amount Or Agree To Accept Less Than The Full Amount Owed?

Yes, in most cases, carriers will consider reducing their lien, sometimes out of obligation (e.g., if you are represented by an attorney without their own legal counsel, they may reduce the lien by 1/3). While not mandatory, carriers may agree to a reduction to ensure partial recovery of their entitled funds.

How Can Our Attorneys Assist?

Our team is proficient in negotiating down Workers’ Compensation liens, ensuring our clients retain more settlement funds. Our Frisco work injury attorneys regularly engage with major subrogation recovery organizations.

What Reduction Can You Generally Expect If Your Injuries Resulted From A Negligent Third Party, And The Workers’ Compensation Carrier Does Not Retain Legal Counsel To Pursue Damages Against The At-Fault Party?

Typically, you may be entitled to reduce the workers’ compensation lien by 1/3. For instance, if the carrier paid $150,000 in indemnity expenses, they might agree to lower the lien to $100,000.

What If Your Employer Terminates You After A Job-Related Injury?

If you’re abruptly terminated following a workplace injury, and you suspect retaliation, here’s what to do.

Being terminated due to a job-related injury is unacceptable and may constitute retaliatory discharge, leading to legal action against the company.

You cannot be fired for sustaining a job-related injury, and any attempt by your employer to claim otherwise may be considered retaliatory discharge, subjecting them to legal consequences.

While employers may try to justify terminations for performance or financial reasons, a personal injury attorney can help you connect with an employment law attorney to explore legal options if you’ve been a victim of retaliatory discharge.

Our Frisco work injury attorneys offer free consultations to discuss your case. You only pay if we win, and the worst-case scenario is finding out your claim may not be viable.

CONTACT US FOR A FREE CONSULTATION

Call (214) 529-3476 to talk to a Frisco 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.

Seriously Hurt? We’ll Come to You!

FRISCO OFFICE

Mullen & Mullen Law Firm in Frisco, TX
2770 Main St #258
Frisco, TX 75033
(214) 529-3476

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The Mullen & Mullen family is here to address your concerns and make the path to recovery smooth. There are no fees to get started and you pay $0 if we don’t settle your case.

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