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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 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 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 4 years our firm made the “Top 50” 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 (214) 747-5240 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 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
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 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. Juries believe that honest people act quickly, so it’s easier to convince them your case is valid when you file your injury claim fast. Also, the necessary evidence can get lost or intentionally damaged or destroyed the longer you wait.

If you’ve been injured at work, act fast to protect your rights. Call Mullen & Mullen today!

Our Dallas work accident 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.

Our Dallas work accident attorneys 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 an injury 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 for a free consultation and some free 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 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 Dallas work accident 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 our Dallas work accident attorneys give you the advantage you need.

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 Dallas work accident 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.

Example 1

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 as a result of the negligence of a third-party.

Example 2

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.

Example 3

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 Dallas Work Accident 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.

Example 1

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.

Example 2

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 lean 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 that negligent 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 equipment to is employees.

Not Implementing Proper Policies and Procedures or Not Enforcing Policies and Procedures

Your employer could be liable if the workplace 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 workplace could be liable… and in many other ways.

Work Accident 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 Dallas work accident attorneys spend the money necessary to retain experts to attempt to establish gross negligence so that punitive damages would be recoverable. Gross negligence is difficult to prove and requires aggressive legal counsel to pursue.

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.

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 we 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

If you were injured at work 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 Injury Claims

What damages are potentially available to you in a claim against your workplace if they are a Non-Subscriber to the Texas Workers’ Compensation Act?

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’ Compensation 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 Dallas work accident 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.

But it’s easy for your employer to get around it. They could say you’re not meeting performance expectations. They could claim the company is experiencing financial difficulties. As long as they don’t explicitly fire you for one of the legally protected reasons, they can fire you if you are an “at-will” employee.

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.

Talk to a Highly Skilled Lawyer about Your Work Injury Claim Today

Call (214) 747-5240 for help now, or use the form below to request your free consultation. There is no fee of any kind until we settle your claim.

We will come to your home, office, or hospital room if it makes it easier on you! No in-person meeting required. Virtual consultations and sign-ups are available.

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