About Work Injury Cases
Do You Have A Claim For Worker’s Compensation Or Personal Injury?
Worker’s compensation and personal injury claims function differently, but in both cases, you can hold your employer accountable for injuries sustained at work.
Surprisingly, Texas is the sole state in the entire United States that doesn’t mandate companies above a certain size to carry worker’s compensation. Strangely enough, this presents an opportunity: it is generally easier to obtain financial compensation from companies not subscribed to Texas Workers’ Compensation. Legal defenses available to “subscribers” are often unavailable to “non-subscribers,” a distinction the Texas legal system uses to incentivize employers to provide Workers’ Compensation to their employees.
While approximately 81% of Texas employees are covered, a significant portion of the workforce is not. Unfortunately, the workers’ compensation system in Texas tends to favor businesses over workers.
To determine if you have a worker’s comp or personal injury claim:
Establish Your Workplace’s Worker’s Comp Subscription:
Determining whether your employer subscribes to worker’s comp is challenging. Some employers may appear to offer it but only have insurance resembling worker’s comp. Contact the Texas Department of Insurance Division of Workers’ Compensation to officially ascertain your employer’s subscriber or non-subscriber status.
If Your Employer Subscribes:
You can only file a worker’s comp claim; a personal injury claim against your employer is not an option unless there is gross negligence resulting in the worker’s death.
If a third party is responsible for your injuries, you can still file a worker’s comp claim while retaining the right to file a third-party action against the at-fault party.
Challenges With Worker’s Comp:
Compensation from worker’s comp is often insufficient to cover actual damages. There are numerous procedural hurdles.
However, if a third party, such as a manufacturer of defective equipment, is involved, you can file a personal injury claim against them in addition to your worker’s comp claim.
If Your Employer Doesn’t Have Worker’s Comp:
You have a personal injury claim against your employer if they or a co-worker, as a non-subscriber, negligently caused your injuries.
This scenario can be advantageous as your employer loses many legal defenses typically available.
Navigating the complexities of worker’s compensation and personal injury claims requires careful consideration of your employer’s subscription status and potential involvement of third parties in causing your injuries.
Take Swift Action – Promptness Is Crucial In Work Accident Claims!
Acting swiftly is paramount. Jurors tend to view prompt action as a sign of honesty, making it easier to establish the validity of your case. Filing your injury claim promptly not only enhances credibility but also prevents the potential loss or destruction of crucial evidence over time. If you’ve suffered a workplace injury, don’t delay – 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 experienced a work-related injury in Texas, our St. Louis work accident attorneys may be able to assist you in recovering damages. Mullen & Mullen Law Firm has been dedicated to aiding Texans injured at work for over four decades.
Mullen & Mullen Law Firm can likely help you recover damages in cases where your employer (or a co-worker) is responsible for your injury, and the company does not subscribe to benefits.
Additionally, 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. Moreover, if your loved one suffered a fatal workplace incident due to the employer’s gross negligence, we can provide assistance, even if the employer is/was a subscriber.
Contrary to common misconceptions, you can potentially file a work accident claim if you were injured on the job. Certain circumstances allow for filing a work accident claim in Texas, even if the injury occurred during the course and scope of your employment. For instance:
- Our attorneys can guide you if a loved one was fatally injured at work due to the gross negligence of their employer, regardless of whether the employer subscribes to the Texas Workers’ Compensation Act.
- Our attorneys can also assist you if your injuries at work resulted from the negligence of a person or company other than your employer.
- Our attorneys can further help if your injuries at work were a direct result of the negligence of your employer or co-worker, especially if the company is a non-subscriber to benefits.
Determining your eligibility to file a claim against your current or former employer is a nuanced process dependent on various factors. For more information on on-the-job injuries and the potential filing of a claim, explore the links below or call us now for a free consultation and valuable advice at (314) INJURED.
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 considered 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 initiate 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, 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 the negligence leading to your injuries is attributed to a third party (not your employer or a co-worker), you can file a work accident claim against that third party, even if your employer is a Subscriber to the Texas Workers’ Compensation Act.
Can You Pursue A Claim If The Company Does Not Offer Workers’ Compensation Benefits, And Your On-The-Job Injury Resulted From Negligence?
Likely so. If the company does not provide 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, keep in mind: The State of Texas encourages companies to offer Workers’ Compensation benefits to employees. Consequently, if a company is a Non-Subscriber to the Texas Workers’ Compensation Act, they face consequences, being denied several common law defenses they would typically be allowed to assert, including:
Assumption Of The Risk:
If the company is a Non-Subscriber, they 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 at fault due to comparative negligence. However, they can contend that you were solely responsible for your injuries.
Fellow Servant:
If 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 Our Attorneys Can Assist You
Mullen & Mullen Law Firm has advocated for numerous clients injured on the job when their employers did not provide Workers’ Compensation coverage. Our attorneys work alongside skilled accident investigators with the expertise to establish the necessary evidence for building and winning your case. When necessary, we are not hesitant to engage Certified Safety Experts and OSHA Experts to establish liability against your employer. Cases of this nature demand strategic planning, and Mullen & Mullen can provide the advantage you need.
Are There Scenarios Where The Company’s Subscriber Or Non-Subscriber Status Is Inconsequential To The Texas Workers’ Compensation Act?
Yes. For instance, if you sustained injuries at work or during the course and scope of your employment due to someone other than your employer or co-worker, you retain the right to seek personal injury damages against the negligent third party.
Remember: If your loved one died 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 following examples 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 making a delivery in a company van, you are rear-ended by a negligent driver. You are eligible to file a Workers’ Compensation Claim because your injuries occurred during the course and scope of your employment. Additionally, you can file a personal injury claim against the at-fault driver as your injuries resulted from the negligence of a third party.
Example 2
Working in a warehouse for a company that is a Subscriber to the Texas Workers’ Compensation Act, you operate a forklift. A co-worker, not paying attention, collides with your forklift, causing you to sustain injuries. You are entitled to file a Workers’ Compensation Claim due to the occurrence during the course and scope of your employment. However, you cannot 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 the company is 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 Action 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 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
Imagine you work at an assembly plant, and your workplace provides Workers’ Compensation benefits. If a co-worker, not watching where they were going, collided with you and caused injuries, you wouldn’t be able to file a personal injury action against your employer. However, if a UPS employee entered the plant to deliver a package and collided with you due to inattention, you COULD pursue a personal injury claim, as the UPS employee is considered 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 because the injury occurred during the course and scope of your employment with Best Buy. Simultaneously, you are ALSO eligible to 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 this negligence directly caused your injuries. In essence, you must prove that your employer or co-worker engaged in wrongful conduct.
An Example
Consider a scenario where 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 requires you to lift at least 50 pounds. While lifting a 15-pound piece of equipment, you experience a freak injury and strain a back muscle. In this case, it’s unlikely that the employer would be deemed negligent since they provided a back brace, and the weight lifted was below the maximum requirement.
How Do You Establish Liability Against The Employer?
Establishing liability against your employer can be achieved through various means. 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 omissions directly led to your injury.
What Are Some Scenarios In Which Your Workplace Might Be Negligent For Your Injuries?
It’s important to recognize that injuries can occur in numerous ways, and multiple factors may contribute to them. The examples provided below are not exhaustive. If you have any doubts about whether your employer’s conduct could have played a role in your injuries, seek a free consultation from a personal injury lawyer promptly.
Examples:
Negligent Supervision:
Your employer may be liable if your injuries resulted from negligent supervision of your co-workers or insufficient 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, 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 failed to provide a weight belt, you could argue that the workplace was negligent for not supplying adequate safety equipment.
Not Implementing or Enforcing Policies and Procedures:
Your employer might be liable if they failed to establish proper policies and procedures, or if existing policies were not enforced, contributing to your injuries.
Not Warning You of Known Dangers:
If your employer was aware of dangers associated with certain activities or areas of the premises and failed to warn you, they could be held liable, among other circumstances.
ABOUT CLAIMS INVOLVING DEATH AND GROSS NEGLIGENCE
Can Your Family Pursue A Wrongful Death Action If Your Loved One Lost Their Life Due To The Gross Negligence Of Their Employer?
Certainly. Whether your loved one’s employer is a Subscriber or Non-Subscriber, your family has the right to file a personal injury claim against the employer.
Keep in mind: If your loved one’s death at work resulted from the ordinary negligence of a subscribing employer, the exclusive remedy is 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, allowing for the potential recovery of punitive damages.
In Cases Where Your Loved One Suffered Catastrophic Injuries Due To The Workplace’s Gross Negligence, Are Punitive Damages Potentially Recoverable?
No. Punitive damages are only attainable if the employer was grossly negligent, leading to your loved one’s fatal injuries.
MULTI-EMPLOYER WORK SITES
What Defines A Multi-Employer Work Site?
A multi-employer work site, often seen in construction projects, involves multiple companies with their employees working at the same site. For instance, a general contractor may hire subcontractors, such as electricians, plumbers, roof experts, and flooring experts.
Remember: If you were injured due to a coworker’s negligence and your employer is a Subscriber, filing a Workers’ Compensation claim is likely your sole recourse 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 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 may 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 Entitled To Necessary Medical Treatment?
It is possible. If your employer subscribes to benefits, you will likely receive some medical treatment. However, note that many employers direct you to medical providers who may prioritize a swift return to work. If your employer doesn’t offer Workers’ Compensation benefits, they may still guide you to a preferred medical provider to minimize their exposure.
Remember: Recommended clinics often have a pro-employer bias, pushing for a return to work after a limited number of therapy sessions.
How Can Our Attorneys Assist?
Our St. Louis work accident attorneys have an extensive network of medical providers dedicated to injured workers. These providers prioritize your health and won’t release you back to work unless it’s 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 mounting medical bills after a work injury can be challenging. We work 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 without financial strain.
Should You Avoid Seeing 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 attend medical appointments with the “company doctor” to avoid jeopardizing your workers’ compensation claim due to non-compliance.
QUALIFYING FOR A LAW LOAN
Could You Be Eligible For A Law Loan To Cover Bills During Your Recovery?
Yes, it’s possible. Law loan companies assess the risk of your case to determine if they can provide funds in exchange for a share in your case’s settlement proceeds.
How Can Our Attorneys Help?
Many law loan companies require legal representation to advance funds. We have relationships with major law loan companies, and some even offer Mullen & Mullen clients capped interest rates.
RECOVERABLE DAMAGES IN WORKPLACE ACCIDENT CLAIMS FOR NON-SUBSCRIBERS TO THE TEXAS WORKERS’ COMPENSATION ACT
If your workplace is not covered by the Texas Workers’ Compensation Act and you sustain injuries due to the negligence of the company or a co-worker, you have the right to seek damages from the company. Potential recoverable damages include past and future mental anguish, past and future physical impairment, past and future pain and suffering, loss of earnings in the past, loss of earning capacity in the future, recoupment of past medical expenses, and any necessary future medical expenses.
Note: If your work-related injuries are caused by a negligent third party, rather than your workplace or co-worker, you can also pursue the damages mentioned above.
DAMAGES IN CASE OF GROSS NEGLIGENCE RESULTING IN THE WORKER’S DEATH
If the employer was grossly negligent and the injured worker succumbs to their injuries, the recoverable damages extend to punitive damages.
WORKERS’ COMPENSATION LIENS
Can The Workers’ Comp Carrier Place A Lien On The Proceeds Of Any Settlement You Might Reach With A Negligent Third Party Responsible For Your Injuries?
Yes, and 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 The Amount Of Their Lien Or Agree To A Reduced Sum?
Yes, in most cases, carriers will reduce their lien, at least to some extent. Occasionally, this reduction is obligatory, such as when you are represented by an attorney and they do not have their own legal counsel. Often, the reduction is discretionary, but carriers may agree to it to ensure some recovery of the funds they are entitled to.
How Can Our Attorneys Help?
Our team is adept at negotiating down Workers’ Compensation liens, ensuring our clients retain more of their settlement funds. Our St. Louis work accident attorneys regularly 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?
Typically, you are entitled to a one-third reduction in the workers’ compensation lien amount. For instance, if the carrier paid $150,000 in indemnity expenses and medical expenses, they would likely agree to reduce their lien to $100,000.
EMPLOYER TERMINATION AFTER JOB INJURY
If you suspect your employer fired you shortly after a work-related injury, follow these steps:
- Termination for an on-the-job injury is unlawful and could constitute retaliatory discharge, leading to legal action against the company.
- It is challenging for an employer to explicitly cite injury as the reason for termination, but they may use other justifications, such as performance issues or financial difficulties if you are an at-will employee.
- If you believe you were a victim of retaliatory discharge, consult a personal injury attorney who can help you find an employment law attorney.
Our St. Louis work injury attorneys provide free consultations to discuss your case, with fees only when we win. If no claim is found, the worst-case scenario is obtaining clarity on your situation without any cost.
CONTACT US FOR A FREE CONSULTATION
Call (314) 465-8733 to talk to a St. Louis 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 Missouri statute of limitations gives you just 5 years from the date of your accident to file a claim. BUT if you wait to contact a lawyer it may be too late to gather evidence. It’s critical to your potential claim to ACT FAST.
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!
ST. LOUIS OFFICE
Mullen & Mullen Law Firm in St. Louis
100 S 4th St #550
St. Louis, MO 63102
Phone: (314) 465-8733
By Appointment Only