Understanding rights in workplace accidents in Texas: Expert advice from Simmons and Fletcher – Digital Journal

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Occupational injuries can affect an individual’s ability to work, earn, and maintain their quality of life. Simmons and Fletcher, a law firm that advocates for victims of workplace injuries in the state of Texas, sheds light on the rights of employees subjected to these circumstances.

No one can accurately predict an injury. However, particular professional surroundings and situations warrant more caution. Depending on the type of career, some employees are more exposed to dangerous environments and, thus, more prone to injury. The jobs that include the most risks are warehouse, construction, railway, utility, and transportation jobs.

The standard rights of a worker injured on the job 

After suffering an injury at work, the first priority is seeking medical attention. Employees have several key rights concerning their healthcare and the claims process. They have the right to choose their own doctor for treatment, as well as the entitlement to comprehensive medical care. Injured workers also have full access to their medical records and test results, and they can obtain copies of all documentation related to the injury. Additionally, employees have the option to consult an attorney throughout the claims process.

Texas is unique as it is among the states that do not legally mandate employers to subscribe to workers’ compensation insurance. However, employers must inform employees about their non-participation in the insurance program. They must still provide a safe and secure work environment for all employees, as this is the first defense against injuries.

Failure to abide by these regulatory requirements may result in legal action from the employee. Workers harmed while performing their duties in the workspace due to employer negligence, poorly maintained equipment, insufficient training, or intentionally inflicted impairment may be entitled to financial compensation or even damage claims.

It is imperative to determine who and how many parties were involved in the injury caused. In the event of injuries caused by malicious intent (e.g., exposure to faulty equipment, physical attack), employees have the right to file a claim against the responsible party/parties. 

Standard damage claims  

The entity responsible for the work-related injury is expected to shoulder the relevant expenses. This can include ambulance transportation, medication, medical treatment (e.g., surgeries, therapy, lab tests), home health services, and medical equipment (e.g., crutches, wheelchairs, orthopedic boots).

In addition to damage fees, the responsible parties will be required to compensate the victim for lost income during the recovery period. If an injury has caused permanent damage that prevents an individual from working, extensive compensation for the loss of future earnings would likely be required.

Seeking professional assistance

Injuries sustained on the job can trigger far-reaching repercussions in an individual’s lifestyle, livelihood, and financial stability. Given the complex legal landscape surrounding occupational injuries, consulting a qualified attorney to navigate the claims process is a good direction to take.

“Navigating the workers’ compensation system or pursuing a personal injury lawsuit can be daunting for injured employees. An experienced lawyer ensures clients understand their rights, gathers the necessary evidence, and secures their full compensation,” explains Paul Cannon, a personal injury attorney and founder of Simmons and Fletcher.

In Texas, where employers can forgo workers’ compensation coverage, the claims process can be particularly challenging. Injured workers may need to file a personal injury lawsuit against their employer or a third party, such as a manufacturer of faulty equipment. An attorney can assess the specifics of the case and determine the most appropriate legal strategy.

“Time is of the essence when it comes to workplace injury claims,” Cannon notes. “There are strict deadlines for filing paperwork and providing notice to employers. Consulting a lawyer early on can make all the difference in the outcome of the case.”

Beyond securing financial compensation, legal representation can also provide invaluable support during the recovery process. Attorneys can assist with coordinating medical care, documenting the extent of injuries, and ensuring injured workers receive the full range of benefits they are entitled to, such as lost wages and vocational rehabilitation.

For those who have been harmed while performing their job duties, seeking professional guidance is crucial to protecting their rights and obtaining the resources necessary to rebuild their lives. With the help of an experienced attorney, injured workers can navigate the complexities of the legal system and work toward a favorable resolution.

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