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Top Dallas Work Injury Lawyers – Don’t Settle For Less
YOU CAN TRUST OUR FAMILY TO FIGHT FOR YOURS™
If you were injured in a work accident, our skilled Dallas 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) 747-5240 now for a free consultation and some excellent advice.
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What Your Attorney Says
“Workplace injury cases are a minefield – it’s best to get an experienced advocate.”
Workplace injury cases require strategic decision-making from the very onset. It’s critical that you contact us as quickly as possible if you’ve been hurt on the job. Remember, our firm will always help if you were injured on-the-job due to the negligence of a third-party or company.
For example, one of our clients was a sub-contractor and he was seriously injured in a fall while constructing an apartment building. His injuries resulted from an employee of a different sub-contractor creating a hidden danger at the job site. In another case, our client worked in a warehouse assembling components. He suffered a crush injury when a driver for another company, who was delivering beverages, ran over his foot.
In both cases above, the injured workers’ causes of action were not against their own employer. They both had legal cases against those individuals’ respective employers. In cases like this, we can represent you against the third-party and quickly help you analyze the ramifications of receiving treatment through “company doctors” or doctors of your own choosing.
A major factor in any case is whether your employer offers State of Texas workers’ compensation benefits. If they do, they are classified as a “subscriber”. If they do not, they are classified as a “non-subscriber.” Be on alert that some employers purchase insurance coverage they might refer to as workers’ compensation when it’s really not. Contacting the Texas Department of Insurance – Workers’ Compensation division – and learning your employer’s true status is critical.
If your employer is a non-subscriber and your own company’s negligence or a co-worker’s negligence caused you to be injured, we can also help you. We’ve successfully handled countless cases where non-subscriber employers failed to provide adequate safety, training, gear, improperly modified equipment, knew of a dangerous condition and failed to make it safe or just downright instructed their employee to do something unreasonably dangerous. In these cases, the employer loses some key legal defenses and even just 1% negligence on the employer renders them responsible for 100% of your damages. Think of it as a penalty to the employer for not offering true Texas workers’ compensation insurance benefits to its employees.
We also routinely represent grieving families whose loved ones were killed while working. The law is different here. If your deceased family member was killed by the negligence of their employer or a co-employee and their employer is a subscriber to true Texas Workers’ Compensation insurance, then your family will not likely be barred from seeking a recovery outside of the confines of the workers’ compensation system.
To prevail against your deceased family member’s subscriber employer, we are required to prove their company’s behavior was grossly negligent. To meet this heightened standard, it’s critical we begin our investigation and retain experts as soon as possible. It’s also critical to involve and work alongside the Occupational Safety and Health Administration (OSHA) whenever possible.
Workplace injury cases are a minefield. There’s never a fee to give us a call. We’ll discuss the specific facts of your case and determine if we can help you. We’re happy to spend as much time as necessary to properly advise you of your rights and will direct you to a good workers’ compensation attorney if that is what is best suited for your situation.
Shane V. Mullen
About Work Accident Claims
Do You Have a Worker’s Comp or Personal Injury Case?
Worker’ compensation and personal injury claims work differently. In either case, you can hold your employer responsible for work-related injuries.
Did you know Texas is the only state in the entire United States that does not require companies above a predetermined size to carry worker’s compensation?
Sounds crazy, but it’s true!
Here’s some good news though: it’s usually easier to recover financial compensation from companies that do not subscribe to Texas Workers’ Compensation. Many of the legal defenses “subscribers” can utilize are not available to “non-subscribers.” The Texas legal system uses this to try and encourage employers to offer Workers’ Compensation to its employees .
Most Texas employees – about 81% of the workforce – are covered but that still leaves tons of employees who aren’t. Unfortunately, the workers’ compensation system in Texas is heavily slanted to protect businesses as opposed to workers.
Here’s how you decide whether you have a worker’s comp or a personal injury claim:
Determine Whether Your Workplace Subscribes to Worker’s Comp
This is harder to do than you might think. That’s because some employers act as if they have workers’ compensation for their employees but, in reality, they only have insurance that slightly resembles workers’ comp. Contact the Texas Department of Insurance Division of Workers’ Compensation to formally determine whether your employer is a subscriber or non-subscriber to “true” Texas workers’ compensation.
If They Are a Subscriber, You Have a Worker’s Comp Claim
Pretty straightforward here. You can’t file a personal injury claim against your employer if they are a subscriber. Your sole remedy is to file a workers’ compensation claim unless the employer was grossly negligent, and the worker died as a result of the injuries sustained. Remember though that if a third-party – as opposed to your employer – was responsible for your injuries, you can still file a workers’ compensation claim but absolutely retain the right to file a third-party action against the at-fault person or company as well.
The Trouble with Worker’s Comp
What you receive through workers’ compensation is rarely enough to cover the costs of your actual damages. In addition, you’re generally forced to jump through countless hoops. There is one way around this though. If a third party was involved, such as a manufacturer of defective equipment, you can file a personal injury claim against the third-party, while also filing a worker’ comp claim. This would include, for example, if you were injured in a motor vehicle collision caused by a distracted driver while you were operating a motor vehicle in the course and scope of your employment. You can file a workers’ comp claim but absolutely still have the right to file a claim against the negligent motorist.
If Your Employer Doesn’t Have Worker’s Comp
You have a personal injury claim against your employer if they (or one of your co-workers) were a non-subscriber and negligently caused your injuries. This can actually be a better situation for you because your employer loses many legal defenses that would normally be available.
Act Fast – Speed is Key in Work Accident Claims!
The faster you act, the better. Jurors believe that honest people act quickly, so it’s easier to convince them your case is valid when you quickly file your injury claim. Also, the evidence necessary to win your claim can get lost or destroyed the longer you wait. If you’ve been injured at work, act fast to protect your rights. Call Mullen & Mullen today!
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Our attorneys have 40 years of experience winning compensation for Texans hurt on the job.
If you were injured on the job in Texas, our Dallas work accident attorneys may be able to help you recover damages. Mullen & Mullen Law Firm has been helping Texans who were injured at work for over 40 years.
Mullen & Mullen Law Firm can likely assist you in recovering damages if your employer’s (or a co-worker’s) negligence caused your injury and the company does not subscribe to benefits.
Also, if your injuries were caused by the negligence of a third-party other than your employer (or a co-worker) we can assist you regardless of whether your employer subscribes to benefits or not. In addition, if your loved one was killed at work and his or her employer was grossly negligent, we can help even if the employer is/was a subscriber.
Some people incorrectly assume they cannot file a work accident claim if they were hurt on the job.
In fact, in some circumstances you can file a work accident claim in Texas even if you were injured during the course and scope of your employment. For example:
- Our attorneys can assist you if a loved one was killed at work due to the gross negligence of his or her employer, even if the employer subscribes to the Texas Workers’ Compensation Act; and
- Our attorneys can also assist you if your injuries occurred at work or during the course of your employment and the injuries were a direct result of the negligence of a person or company other than your employer; and
- Our attorneys can also assist you if your injuries occurred at work or during the course of your employment and your employer or co-worker was negligent if the company is a non-subscriber to benefits.
How can you determine if you may be entitled to file a claim against your current or former employer?
This can be fact-intensive and is based on several factors. For additional information about on the job injuries and if a claim can be filed, click any link below to jump to that section or just call us now for a free consultation and some excellent advice at (214) 747-5240.
The Impact of Subscriber vs. Non-Subscriber Work Accident Claims
Can you file a claim if the company offers Workers’ Compensation benefits and you were injured on the job due to negligence?
Probably not. If your employer offers Workers’ Compensation benefits, they are deemed a “Subscriber” to the Texas Workers’ Compensation Act. In most instances in which the company is a Subscriber and the company or your co-worker is negligent, your sole legal remedy is to file a Texas Workers’ Compensation claim.
Remember: You can file a wrongful death case against your loved one’s workplace even if they are a “Subscriber” if they were killed due to the company’s gross negligence.
Also Remember: You can file a wrongful death case against your loved one’s employer even if they are a “Subscriber” if they were killed due to 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 due to 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 offer Workers’ Compensation benefits and you were injured on the job due to negligence?
Probably so. If the company does not offer Workers’ Compensation benefits they are deemed a “Non-Subscriber” to the Texas Workers’ Compensation Act and you are generally allowed 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 the company or a co-worker was negligent for causing your injuries. You do not “automatically” win. You must demonstrate your employer or co-worker did something wrong but…
Also Remember: The State of Texas wants companies to provide Workers’ Compensation benefits to employees. Accordingly, if a company is a Non-Subscriber to the Texas Workers’ Compensation Act, they are punished in the sense that they are denied several common law defenses they would normally be allowed to assert including:
- Assumption of the Risk: If the company is a Non-subscriber to the Texas Workers’ Compensation Act, they cannot assert that you assumed the risk of injury or death associated with your employment.
- Contributory Negligence: If your employer is a Non-subscriber to the Texas Workers’ Compensation Act, they cannot assert that you were guilty of comparative negligence. They can, however, argue that you were solely responsible for your injuries.
- Fellow Servant: If the company is a Non-subscriber to the Texas Workers’ Compensation Act, they cannot defend the case on the basis that your injury or death was caused by the negligence of a co-worker.
How Can Our Attorneys Help?
Mullen & Mullen Law Firm has represented hundreds of clients who were injured on the job whose employers didn’t offer Workers’ Compensation coverage. Our attorneys have their own well-trained accident investigators with experience establishing the evidence necessary to develop and win your case. If needed, we won’t shy away from retaining Certified Safety Experts and OSHA Experts to establish liability against your employer. This type of case requires strategy, strategy, and more strategy. Let Mullen & Mullen give you the advantage you need.
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Are there situations where it doesn’t matter if the company is a Subscriber or Non-Subscriber to the Texas Workers’ Compensation Act?
Yes. For example, 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 was killed at work due to the gross negligence of his or her employer you can pursue a personal injury case against the employer whether or not they are a Subscriber or Non-Subscriber to the Texas Workers’ Compensation Act.
What are some examples that illustrate the impact of Subscriber vs. Non-Subscriber status on your claim?
Look at the examples below to better understand how your employer’s classification as a Subscriber or Non-Subscriber may impact your legal rights.
An Example: The company you work for as a delivery driver is a Subscriber to the Texas Workers’ Compensation Act. While you are making a delivery in a company van you get rear-ended by a negligent driver. You are entitled to 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 occurred due to the negligence of a third-party.
Another Example: You work in the warehouse for a company and operate a forklift for a living. The company is a Subscriber to the Texas Workers’ Compensation Act. One of your co-workers isn’t paying attention and collides with your forklift which knocks you to the ground and causes you to sustain injuries. You are entitled to file a Workers’ Compensation Claim because your injuries occurred during the course and scope of your employment. You are not entitled to file a personal injury claim because your injuries resulted from the negligence of your employer and/or co-worker.
Yet Another Example: Assume similar facts to the above example BUT the company is 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 negligent action(s) of the company itself.
Negligent Third-Parties in Workplace Injury Claims
If your workplace offers Workers’ Compensation benefits can you still file a personal injury action against a negligent third-party that caused you injuries?
Yes. If the company is a Subscriber and offers Workers’ Compensation benefits you can pursue BOTH a Workers’ Compensation claim AND a personal injury claim.
Remember: If the company offers Workers’ Compensation benefits you generally cannot pursue a personal injury claim against your employer or co-worker even if they were negligent. You can, however, pursue a personal injury claim if you were injured by a negligent third-party.
An Example: Let’s say you work at an assembly plant and your workplace offers Workers’ Compensation benefits. If a co-worker was running through the plant – not watching where he or she was going – and collided with you causing you injuries, you could not file a personal injury action against your employer. If, however, a UPS employee entered the plant to deliver a package and collided with you because he or she was not paying attention you COULD pursue a personal injury claim since the UPS employee is a negligent third-party.
Another Example: Let’s say you work for Best Buy’s Geek Squad for a living and Best Buy offers Workers’ Compensation benefits. While you are driving to an installation, a driver runs a red light and T-Bones your VW Beetle. You CAN file a Workers’ Compensation claim because you were injured in the course and scope of your employment with Best Buy. You can ALSO file a personal injury claim with the at-fault driver’s liability insurance company.
Establishing Liability Against an Employer if Hurt on the Job
If your workplace does not offer Workers’ Compensation benefits and you get hurt at work will you automatically win your Personal injury case?
No. If your employer is a Non-Subscriber you must still demonstrate the employer or a co-worker was negligent and that said negligence caused your injuries. In short, you still have to prove your employer or co-worker did something wrong.
An Example: Your employer is a Non-Subscriber and does not provide Workers’ Compensation benefits. Your workplace provides you with a back brace for lifting heavy items. Your job duties require you to be able to lift at least 50 pounds. While lifting a 15-pound piece of equipment you suffer a freak injury and strain a back muscle. It is unlikely that the employer would be found to be negligent since they provided you with a back brace and 15 pounds was less than the maximum amount of weight you were required to lift.
How do you establish liability on the employer?
Establishing liability against your employer can be done in countless ways. To win your case you will have to show your employer was negligent, i.e. failed to act as a reasonably prudent company would have acted under like and similar circumstances. You need to show your employer did something wrong that caused you to be injured.
What are some scenarios in which my workplace might be negligent for my injuries?
Remember that injuries can occur in several different ways and that any number of factors could have played a role in causing them. The below examples are far from exhaustive. If you have any doubts whatsoever whether your employer’s conduct (or lack of action) could have a played a part in your injuries, get a free consultation from a personal injury lawyer as soon as possible.
Examples:
- Negligent Supervision: Your employer may have liability if your injuries were caused by your workplace negligently supervising your co-workers or even – perhaps – if you were not properly supervised. For example, if you were just starting to learn how to weld and your employer left you alone and unsupervised.
- Negligent Training: Your employer may have liability if the workplace negligently trained either you or a co-worker if the lack of proper training caused your injuries.
- Not Providing Proper Equipment: If your job requires you to lift 50 pounds regularly and your employer did not provide you with a weight belt you could argue the workplace was negligent because it failed to provide proper safety equipment to its employees.
- Not Implementing Proper Policies and Procedures or Not Enforcing Policies and Procedures: Your employer could be liable if they either never put proper policies and procedures in place or if they had policies and procedures in place but failed to enforce them.
- Not Warning You of Known Dangers: If your employer knew an activity was dangerous or an area of the premises was dangerous and failed to warn you of the danger(s) the employer could be liable… and in many other ways.
About Claims Involving Death and Gross Negligence
Can your family file a wrongful death action if your loved one was killed due to his or her employer’s gross negligence?
Yes, whether your loved one’s employer is a Subscriber or Non-Subscriber, your family can absolutely bring a personal injury claim against the employer.
Remember: If your loved one was killed at work due to a subscribing employer’s ordinary negligence, the sole remedy will be through the workers’ compensation system.
How Can Our Attorneys Help?
Our lawyers spend the money necessary to retain experts to establish gross negligence so that punitive damages can be recovered.
If your loved one suffered catastrophic injuries due to his or her workplace’s gross negligence are punitive damages potentially recoverable?
No. Punitive damages are only recoverable if the employer was grossly negligent and your loved one’s injuries resulted in death.
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Multi-Employer Work Sites
What is a multi-employer work site?
A multi-employer work site is best represented by a construction project. On construction projects multiple companies are likely to have some of their employees at the same work site. For example, a general contractor hires sub-contractors which could include electricians, plumbers, roof experts, flooring experts, etc.
Remember: If you were injured by a co-worker’s negligence and your employer is a Subscriber, the filing of a Workers’ Compensation claim is likely your sole remedy for the injuries you sustained. If, however, you were on 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 able 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 have liability if they failed to properly supervise the work site.
Getting Medical Treatment for Work-related Injuries
If you were hurt at work are you entitled to any necessary medical treatment?
Possibly. If your employer subscribes to benefits you will most likely receive some medical treatment. Keep in mind, however, that most employers have you go to medical providers that will try to rush you back to work. If your employer does not offer Workers’ Compensation benefits they may still attempt to get you to a medical provider the company uses on a regular basis so that they can minimize their exposure.
Remember: Many clinics recommended by employers are recommended for a reason. These clinics are generally pro-employer and usually try and have you return to work after only a limited number of therapy sessions.
How Can Our Attorneys Help?
Our Dallas work accident attorneys have access to an extraordinary network of medical providers who provide services to injured workers. These providers are truly concerned about your health and will not release you back to duty unless it is safe to do so. The types of providers our Dallas work accident attorneys have relationships with include: medical doctors, surgeons, chiropractors, physical therapists, MRI facilities, neurologists, surgical clinics, hospitals, counselors, and more.
How much is all of this medical treatment going to cost you?
Life can be very challenging when you’re injured at work and medical bills begin to mount. We work with medical providers who agree to delay billing you for their services until the conclusion of your work accident claim. You have no initial out-of-pocket expenses to receive quality care. This allows you to focus on getting better and getting back to work to support your family.
Should you avoid seeing the Workers’ Compensation doctors?
Generally no. Remember that in many cases you may have the right to file both a Workers’ Compensation claim AND a personal injury claim. It is almost always recommended that you make your medical appointments with the “company doctor” as failing to follow your employer’s instructions or missing appointments could be grounds for ending your workers’ compensation claim. You do not want to become ineligible for benefits due to non-compliance.
Qualifying for a Law Loan
Could you be eligible for a law loan to use to pay bills while you are recovering from your injuries?
Yes, you could. Law loan companies evaluate the risk of your case to determine if they are comfortable enough to loan you funds in exchange for an assignment in the settlement proceeds of your case.
How Can Our Attorneys Help?
Our attorneys are not aware of any law loan companies that will advance money on a claim if the injured worker is not represented by a lawyer. We have relationships with almost all of the major law loan companies. In addition, some of these law loan companies cap the amount of interest they charge Mullen & Mullen clients.
Recoverable Damages in Work accident Claims
What damages are potentially available to you if your workplace is a Non-Subscriber?
If your employer does not subscribe to coverage and you are injured at work due to the company or a co-worker’s negligence, you are allowed to recover damages against the company. Potential 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.
Remember: If you were injured while working, whether at your office or off-site, and your injuries were caused by a negligent third-party (as opposed to your workplace or co-worker) all of damages above are also available to you.
What damages are potentially available if the employer was grossly negligent and the injured worker died from his or her injuries?
Answer: 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 that was responsible for your injuries?
Yes, and they likely will. The Workers’ Compensation carrier’s right to recover a portion of your third-party settlement is referred to as the right of subrogation.
Do Workers’ Compensation carriers reduce the amount of their lien or agree to accept less than what they are owed?
Yes, most carriers will reduce their lien at least a little bit. Sometimes they are obligated to do so (for example, if you are represented by an attorney and they do not retain their own legal counsel they will reduce their lien 1/3). Often times they are not required to reduce their lien but will agree to do so in an effort to guarantee the recovery of at least a portion of funds they are entitled to.
How Can Our Attorneys Help?
Our attorneys are well-trained in negotiating down Workers’ Compensation liens so that our clients are left with extra money in their pockets. Our Dallas work accident attorneys interact with all major subrogation recovery organizations on a frequent basis.
What reduction are you generally entitled to if your injuries were caused by a negligent third-party and the workers’ compensation carrier does not hire its own counsel to aid in recovering damages against the at-fault party?
Typically, you are entitled to reduce the workers’ compensation lien amount by 1/3. For example, if the carrier paid $150,000 in indemnity expenses (lost wages) and medical expenses, they would likely agree to reduce their lien amount to $100,000.
What if Your Employer Fires You After Being Injured on the Job?
Fired with eerily short notice after you got injured at work? Here’s what to do if you suspect your employer of firing you for getting injured at work.
It’s a nightmare scenario: you get hurt on the job. Then mysteriously, you get fired not long after the injury.
You should not be terminated due to an on-the-job injury. Your employer would have to be insane to tell you that was the reason for your termination as that would constitute a “retaliatory discharge.” Retaliatory discharges get companies sued.
You can’t be fired for an on-the-job injury. Your workplace would have to be insane for telling you that’s the reason for your termination. This is often referred to as “retaliatory discharge.” That’s because it would be easy to sue them if they said that.
It’s easy, however, for your employer to get around that. They could say you’re not meeting performance expectations or claim the company is experiencing financial difficulties. If they don’t explicitly fire you for one of the legally protected reasons, they can fire you if you are an “at-will” employee.
A good personal injury attorney can assist you in locating an employment law attorney if you were the victim of a retaliatory discharge.
Our Dallas work injury attorneys charge nothing to discuss the facts of your case. You only pay when we win. The worst thing that can happen is you may find out you don’t have a claim. Contact us at (214) 747-5240 now for some free advice.
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We also handle Texas Oilfield / Offshore and Electrocution Work accident injuries.
Contact us in Dallas, Plano, Frisco, or Fort Worth now, to discuss the facts of your potential case. There is never a fee for our legal services unless we obtain a recovery for you.
Joseph R. Morrison is the Senior Associate Attorney at Mullen & Mullen Law Firm in Dallas, TX, where he represents people personally injured due to the negligence of others. He was recognized by VerdictSearch for obtaining a Top 5 Premises Liability verdict in the State of Texas, and has been quoted in the ABA Journal.