Top-rated Work Accident Attorneys in Plano, 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 four years, our firm made Top Verdict’s “Top 50” Personal Injury Settlements in Texas list 44 times, and the “Top 100” list 70 times.

2023 Top 20 Personal Injury Settlements
2021 Texas Top 10 Motor Vehicle Accident Settlements Mullen & Mullen
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
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Table of Contents

Top Plano 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 Plano 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 4 years our firm made the Texas “Top 50 Personal Injury Settlements” list 44 times, and the “Top 100” list 70 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 (972) 947-3370 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 strategic decision-making from the outset. It is crucial that you reach out to us promptly if you have suffered a work-related injury. Remember, our firm is dedicated to assisting individuals who have been injured on the job due to the negligence of a third party or company.

For instance, consider one of our clients, a subcontractor who sustained severe injuries in a fall while working on an apartment building construction project. These injuries were a result of another subcontractor’s employee creating a hidden hazard at the job site. In another case, our client was employed in a warehouse, where he suffered a crushing injury when a delivery driver from another company ran over his foot.

In both of the above cases, the injured workers’ legal claims were not directed at their own employers; rather, they pursued cases against the respective employers of those responsible. In such situations, we can represent you against the third party and assist you in promptly assessing the implications of receiving treatment from “company doctors” or doctors of your choice.

A significant factor in any case is whether your employer provides workers’ compensation benefits in the State of Texas. Employers offering such benefits are termed “subscribers,” while those who do not are categorized as “non-subscribers.” It’s important to be aware that some employers may falsely claim to offer workers’ compensation coverage. It is crucial to verify your employer’s true status by contacting the Texas Department of Insurance – Workers’ Compensation division.

If your employer is a non-subscriber, and your injury resulted from your company’s negligence or a co-worker’s negligence, we can still offer assistance. We have successfully handled numerous cases where non-subscriber employers failed to provide adequate safety measures, training, protective equipment, or allowed unsafe conditions to persist. In such cases, the employer forfeits certain legal defenses, and even a minimal amount of negligence on their part can render them fully liable for your damages. Think of it as a penalty for not providing genuine Texas workers’ compensation insurance benefits to their employees.

We also regularly represent grieving families whose loved ones have lost their lives while working. The legal framework differs in such cases. If your family member’s death was a result of their employer’s negligence or that of a co-worker, and their employer subscribes to authentic Texas Workers’ Compensation insurance, your family is not likely to be restricted to seeking compensation solely within the workers’ compensation system.

To prevail against your deceased family member’s subscriber employer, we must establish that the company’s conduct was grossly negligent. Meeting this higher standard necessitates launching our investigation and securing expert testimony as soon as possible. Additionally, we strive to work closely with the Occupational Safety and Health Administration (OSHA) whenever feasible.

Workplace injury cases are complex and require careful navigation. There is no charge for reaching out to us. We will thoroughly discuss the unique details of your case and determine how we can best assist you. We are committed to providing as much time as necessary to offer you sound guidance and will direct you to a qualified workers’ compensation attorney if that is the most suitable course of action for your circumstances.

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 four years, we’ve made their Texas “Top 50” Personal Injury Settlements list 43 times, and their “Top 100” list 70 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.

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

Are You Dealing With A Worker’s Compensation Or Personal Injury Claim?

Worker’s compensation and personal injury claims operate differently, but in both cases, you have the right to hold your employer accountable for injuries sustained at work.

Interestingly, Texas stands as the only state in the entire United States that doesn’t mandate companies above a certain size to carry worker’s compensation. While this may seem unusual, it presents an advantage: recovering financial compensation is typically easier from companies that don’t subscribe to Texas Workers’ Compensation. Legal defenses available to “subscribers” are often inaccessible to “non-subscribers,” as the Texas legal system incentivizes employers to provide Workers’ Compensation to their employees.

Despite approximately 81% of Texas employees being covered, there remains a substantial portion without coverage. Unfortunately, the workers’ compensation system in Texas tends to favor businesses over workers.

Here’s a guide to help you determine whether you have a worker’s comp or personal injury claim:

Verify Workplace Subscription To Worker’s Comp

Determining your employer’s subscription status can be challenging. Some employers may appear to have workers’ compensation when they only have insurance resembling it. Contact the Texas Department of Insurance Division of Workers’ Compensation to officially establish your employer’s status as a subscriber or non-subscriber to “true” Texas workers’ compensation.

If They Are A Subscriber

If your employer is a subscriber, you are limited to filing a worker’s compensation claim. Filing a personal injury claim against your employer is not an option unless there was gross negligence leading to the worker’s death. If a third party is responsible for your injuries, you can still file a workers’ compensation claim and retain the right to file a third-party action against the at-fault party.

Challenges With Worker’s Comp

Worker’s compensation benefits may not be sufficient to cover actual damages, and the process can involve numerous hurdles. However, if a third party, like a manufacturer of defective equipment, is involved, you can file a personal injury claim against them while also pursuing a worker’s comp claim.

If Your Employer Doesn’t Have Worker’s Comp

In the case of a non-subscriber employer negligently causing your injuries, you have a personal injury claim against them. This situation can be advantageous as non-subscribers lose many legal defenses that would otherwise be available.

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

Acting swiftly is imperative. Jurors are inclined to believe that honest individuals take prompt action, making it easier to convince them of the validity of your case 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 successfully secured compensation for Texans injured on the job.

If you’ve sustained a workplace injury in Texas, our Plano work accident attorneys may be able to help you recover damages. For over four decades, Mullen & Mullen Law Firm has been assisting Texans injured at work.

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

Moreover, if a third party, other than your employer (or a co-worker), is responsible for your injuries, we can assist you irrespective of whether your employer subscribes to benefits. Additionally, if your loved one’s workplace death resulted from gross negligence, we can help, even if the employer is/was a subscriber.

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’s workplace fatality resulted from the gross negligence of their employer, regardless of the employer’s subscription to the Texas Workers’ Compensation Act.
  • We can also help if your injuries at work resulted from the negligence of a person or company other than your employer, even if your employer subscribes to benefits.
  • Our attorneys are available to assist if your injuries at work resulted from the negligence of your employer or co-worker, provided the company is a non-subscriber to benefits.

Determining your eligibility to file a claim against your current or former employer involves a comprehensive examination of various factors. For additional information on on-the-job injuries and the possibility of filing a claim, click any link below to navigate to that section or simply call us now for a free consultation and valuable advice at (972) 947-3370.

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 Resulted 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 by the company or a co-worker is involved, your primary legal recourse is to file a Texas Workers’ Compensation claim.

Remember: You can still file a wrongful death case against your loved one’s workplace, even if they are a “Subscriber,” if the fatality resulted from the company’s gross negligence.

Also, remember: If you were injured on the job or during the course and scope of your employment, but your injuries were 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 is a subscriber 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?

Probably 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 right to file a work accident claim against them.

Remember: If your employer is a Non-Subscriber to the Texas Workers’ Compensation Act, you must still establish that the company or a co-worker was negligent in causing your injuries. Winning is not automatic; you need to demonstrate wrongdoing by your employer or co-worker.

Also, remember: Texas encourages companies to provide Workers’ Compensation benefits to employees. Therefore, if a company is a Non-Subscriber to the Texas Workers’ Compensation Act, they are penalized by being denied certain common law defenses they would typically be allowed to assert, including:

Assumption Of The Risk:

The company 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 unable to use the defense that your injury or death resulted from the negligence of a co-worker.

How Can Our Attorneys Assist You?

Mullen & Mullen Law Firm has provided representation for numerous clients who sustained injuries on the job in situations where their employers did not provide Workers’ Compensation coverage. Our attorneys possess well-trained 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. Cases of this nature demand strategic thinking, and Mullen & Mullen is dedicated to providing you with the advantage you need.

Are There Scenarios Where The Company’s Subscriber Or Non-Subscriber Status Doesn’t Impact Your Claim?

Yes. For instance, if you were injured at work or during the course and scope of your employment, but your injuries were caused by someone other than your employer or co-worker, you are always free to pursue personal injury damages against the negligent third party.

Remember: If your loved one suffered a fatal workplace incident due to the gross negligence of their employer, you can pursue a personal injury case against the employer, regardless of whether they are 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 gain insight into how your employer’s classification as a Subscriber or Non-Subscriber may affect 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 making a delivery 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. You are also entitled to file a personal injury claim against the at-fault driver because your injuries resulted from the negligence of a third party.

Example 2

You are employed in a warehouse and operate a forklift for a company that is a Subscriber to the Texas Workers’ Compensation Act. A co-worker, not paying attention, collides with your forklift, causing you to fall and sustain injuries. You can file a Workers’ Compensation Claim because your injuries occurred during the course and scope of your employment. However, you are not entitled to file a personal injury claim as your injuries resulted from the negligence of your employer and/or co-worker.

Example 3

Assuming similar facts to the above example but with the company being a Non-Subscriber to the Texas Workers’ Compensation Act. Since 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 negligent actions of the company itself.

NEGLIGENT THIRD-PARTIES IN WORKPLACE INJURY CLAIMS

If Your Workplace Provides Workers’ Compensation Benefits, Can You Still Initiate A Personal Injury Lawsuit Against A Negligent Third Party Responsible For Your Injuries?

Yes. 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 lawsuit.

Remember: If the company provides Workers’ Compensation benefits, you generally cannot pursue a personal injury lawsuit against your employer or co-worker, even in cases of negligence. However, you can pursue a personal injury lawsuit if your injuries resulted from the actions of a negligent third party.

Example 1

Consider 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 lawsuit 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 lawsuit because the UPS employee is a negligent third party.

Example 2

Imagine working for Best Buy’s Geek Squad, and Best Buy offers 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 because the injury occurred in the course and scope of your employment with Best Buy. Additionally, you can file a personal injury lawsuit against the at-fault driver’s liability insurance company.

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 An Automatic Victory In Your Personal Injury Case?

No. In the case of a Non-Subscriber employer, you still need to demonstrate negligence on the part of the employer or a co-worker and establish that this negligence directly caused your injuries. In essence, you are still required to prove that your employer or co-worker engaged in wrongful conduct.

Example:

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 duties involve lifting at least 50 pounds. While lifting a 15-pound piece of equipment, you experience a freak injury, straining a back muscle. In such a scenario, it is unlikely that the employer would be deemed negligent, as they provided a back brace, and the weight lifted was below the specified maximum.

How Do You Establish Liability Against The Employer?

Establishing liability against your employer can be achieved through various methods. 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 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 may contribute to them. The examples provided below are not exhaustive. If you have any uncertainties about whether your employer’s conduct 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 result 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 inadequate training, whether for you or a co-worker, contributes to your injuries.

Not Providing Proper Equipment:

If your job requires regular lifting of 50 pounds, and your employer fails to provide a necessary weight belt, you can argue that the workplace was negligent for not supplying proper safety equipment.

Not Implementing or Enforcing Policies and Procedures:

Your employer could be liable if they fail to establish or enforce proper policies and procedures in the workplace.

Not Warning of Known Dangers:

If your employer is aware of dangerous activities or areas on the premises and fails to 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 Killed Due To Their Employer’s Gross Negligence?

Certainly. Whether your loved one’s employer is a Subscriber or Non-Subscriber, your family has the right to bring forth a personal injury claim against the employer.

Keep in mind: 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 potential recovery of punitive damages.

In Cases Where Your Loved One Sustained 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 the injuries suffered by your loved one resulted in death.

MULTI-EMPLOYER WORK SITES

What Defines A Multi-Employer Work Site?

A multi-employer work site, commonly seen in construction projects, involves multiple companies with their employees working concurrently at the same site. For instance, a general contractor may hire sub-contractors like electricians, plumbers, roof experts, flooring experts, etc.

Keep in mind: 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 suffered injuries 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.

Additionally, remember: The general contractor or the entity that owns the work site could be held liable if they neglected proper supervision of the work site.

GETTING MEDICAL TREATMENT FOR WORK-RELATED INJURIES

If You’ve Been Injured At Work, Are You Eligible For Necessary Medical Treatment?

Possibly. If your employer subscribes to benefits, you are likely to receive some medical treatment. However, it’s essential to note that many employers direct injured workers to medical providers that may hasten their return to work. If your employer doesn’t provide Workers’ Compensation benefits, they may guide you to a preferred medical provider, often with the goal of minimizing their liability.

Remember: Employers often recommend specific clinics for a reason – these clinics tend to be pro-employer and may encourage a swift return to work after a limited number of therapy sessions.

How Can Our Attorneys Assist?

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

What Is The Cost Of All This Medical Treatment?

Dealing with mounting medical bills after a work injury can be challenging. We collaborate with medical providers who agree to postpone billing until the conclusion of your work accident claim. This ensures that you incur no initial out-of-pocket expenses for quality care, allowing you to focus on recovery and getting back 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 usually recommended to follow your employer’s instructions and attend medical appointments, as non-compliance or missed appointments could jeopardize your workers’ compensation claim, making you ineligible for benefits.

QUALIFYING FOR A LAW LOAN

Can You Qualify For A Law Loan To Cover Bills During Your Recovery From Injuries?

Yes, you could. Law loan companies assess the risk of your case to determine whether they are comfortable loaning you funds in exchange for an assignment in the settlement proceeds of your case.

How Can Our Attorneys Help?

Our attorneys are aware that law loan companies often require representation by a lawyer for an injured worker to be eligible for an advance. We have established relationships with major law loan companies, and some of them cap the amount of interest charged to Mullen & Mullen clients.

COMPENSABLE DAMAGES IN WORKPLACE INJURY CLAIMS

What Types Of Damages Could Be Recoverable If Your Workplace Is Not A Subscriber To The Texas Workers’ Compensation Act?

In the event that 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 from 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.

Remember: If your work-related injuries were caused by a negligent third party (rather than your workplace or co-worker), you are entitled to the same damages mentioned above.

What Damages May Be Available If The Employer Was Grossly Negligent And The Injured Worker Succumbs To Their Injuries?

Answer: Punitive damages.

WORKERS’ COMPENSATION LIENS

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

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

Do Workers’ Compensation Carriers Negotiate And Reduce Their Lien Or Accept Less Than The Owed Amount?

Yes, most carriers are willing to reduce their lien, often as a courtesy or obligation (e.g., reducing the lien by 1/3 if you have legal representation and they do not). While not mandatory, carriers may agree to a reduction to secure at least a partial recovery.

How Can Our Attorneys Assist?

Our team specializes in negotiating down Workers’ Compensation liens, ensuring our clients retain more of their settlement. Our Plano work accident attorneys routinely engage with major subrogation recovery organizations.

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

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

What If Your Employer Terminates You After A Workplace Injury?

Terminated abruptly following a work injury? Here’s what to do if you suspect your employer fired you due to your on-the-job injury.

It’s a distressing situation: you sustain a job-related injury, and shortly afterward, you are terminated under mysterious circumstances.

Being fired due to a workplace injury is unacceptable and may constitute “retaliatory discharge,” leading to legal action against the company.

Employers cannot terminate you for an on-the-job injury. If they claim otherwise, it could be considered retaliatory discharge, providing grounds for a lawsuit.

However, employers can circumvent this by citing performance issues or financial difficulties if you are an “at-will” employee.

A proficient personal injury attorney can help you find an employment law attorney if you experience retaliatory discharge.

Our Plano work injury attorneys offer free consultations to discuss your case, and you only pay if we secure a win. The worst-case scenario is discovering you don’t have a viable claim.

CONTACT US FOR A FREE CONSULTATION

Call (972) 947-3370 to talk to a Plano work accident 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!

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Mullen & Mullen Law Firm in Plano0
8105 Rasor Boulevard #237
Plano, TX 75024
Call (972) 947-3370 today!
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