If you’ve been hurt at work, we understand the stress you’re going through. You might be missing paychecks, bills are probably piling up, and you’re likely dealing with a lot of pain.
You don’t have to go through it alone.
The experienced work accident lawyers at Pastrana Garcia are here to help you navigate the complex legal process and fight for the compensation you deserve. Our dedicated team provides personalized legal representation and a range of services to support you every step of the way.
Before we talk about our services, though, let’s understand some of the most common injuries we see.
Common Work Accidents in Texas
Texas workers face a variety of hazards on the job, whether they’re on a construction site, in an office, or at an industrial facility. Some of the most common types of work accidents in central Texas include:
Construction is one of the most dangerous industries in Texas, with workers at risk of falls, being struck by objects, electrocution, and getting caught in or between equipment. In 2021, construction accounted for nearly 20% of all workplace fatalities in the U.S., second only to transportation and materials handling.
To prevent construction accidents, employers must provide proper safety training, fall protection, and well-maintained equipment. Workers should also be aware of their surroundings and follow all safety protocols.
Office Injuries
While office jobs may seem low-risk, workers can still suffer from repetitive strain injuries, slip and fall accidents, and even workplace violence. Repetitive motions like typing and using a mouse can lead to conditions like carpal tunnel syndrome, while poor ergonomics can cause back and neck pain.
Employers should provide ergonomic workstations and encourage frequent breaks to prevent these injuries. They should also maintain a safe, clutter-free environment to reduce the risk of slips and falls.
Industrial Accidents
Industrial workers, such as those in manufacturing, warehousing, and oil and gas, face risks from heavy machinery, hazardous materials, and confined spaces. Accidents can result in severe injuries like amputations, burns, and respiratory illnesses.
To keep workers safe, industrial employers must provide proper training, personal protective equipment, and regular machine maintenance. They should also have emergency response plans in place and conduct frequent safety audits.
Legal Rights and Protections for Workers
As an injured worker in Texas, you have certain legal rights and protections under state law. It’s important to understand these rights to secure the total compensation and benefits you deserve.
Workers' Compensation
In Texas, private employers can choose whether or not to provide workers’ compensation insurance coverage for their employees. If your employer has workers’ comp, you may be entitled to medical benefits, income replacement, and disability compensation for your work-related injury or illness, regardless of fault.
To receive these benefits, you must:
- Report your injury to your employer immediately
- Follow the required procedures for filing a workers’ comp claim
- Attend all medical appointments and follow your doctor’s treatment plan
Keep in mind that if you receive workers’ comp benefits, you generally cannot sue your employer for additional damages.
Employer Liability
If your employer does not have workers’ compensation insurance, they are considered a “non-subscriber” under Texas law. In this case, you may be able to file a personal injury lawsuit against your employer if their negligence caused your work-related injury or illness.
To prove your case, you’ll need to show that:
- Your employer had a duty to provide a safe work environment
- Your employer breached that duty through negligence
- Your employer’s negligence caused your injuries
- You suffered damages as a result of your injuries
Non-subscriber employers lose certain legal defenses, making it easier for injured workers to recover compensation. However, the burden of proof is on you to establish your employer’s liability.
Third-Party Claims
In some cases, a third party’s negligence may have contributed to your workplace accident. For example, if you were injured by a defective piece of equipment or by the actions of a subcontractor on a construction site, you may have a third-party liability claim.
Third-party claims allow you to seek additional compensation beyond workers’ comp benefits, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Disability or disfigurement
To pursue a third-party claim, you’ll need to prove that the third party’s negligence played a role in causing your injuries. An experienced texas work accident lawyer can help you identify potential third parties and build a strong case for compensation. Another way to build a case for compensation is by taking the right steps immediately following your accident and in the days and weeks to come.
Steps to Take After a Work Accident
If you’ve been injured in a workplace accident in Pflugerville, Round Rock, Austin, Manor, Bastrop, or the surrounding areas, it’s crucial to take the right steps to protect your health and your legal rights. Here’s what you should do:
Report the Accident
Notify your employer about the accident as soon as possible, even if your injuries seem minor. This helps establish a record of the incident and is necessary for filing a workers’ compensation claim or pursuing legal action. Be sure to:
- Follow your company’s reporting procedures
- Put the report in writing, if possible
- Keep a copy of the report for your records
Seek Medical Attention
Your health should be your top priority after a work accident. Seek medical treatment right away, even if you don’t think you’re seriously injured. Some injuries, like concussions or internal bleeding, may not be immediately apparent.
- Go to the emergency room or urgent care for severe injuries
- Follow up with your primary care doctor for less urgent treatment
- Attend all medical appointments and follow your treatment plan
Be sure to tell your healthcare providers that your injuries are work-related, so they can document them properly for your claim.
Document Everything
To build a strong case for workers’ compensation or a personal injury lawsuit, you’ll need evidence of the accident and your injuries. Gather as much documentation as possible, including:
- Photos of the accident scene and your injuries
- Names and contact information of any witnesses
- Medical records and bills related to your treatment
- Pay stubs or other proof of lost wages
By taking these steps, you’re going to be doing a lot to help strengthen your case. With that in mind, though, let’s take a look at what exactly a work accident lawyer does for you.
The Role of a Work Accident Lawyer
Navigating the complexities of a work accident case requires specialized legal knowledge and expertise. At Pastrana Garcia, our attorneys are adept at handling the unique challenges posed by workplace injuries. Our role includes:
- Expert Knowledge of Workers’ Compensation and Liability Laws. Work accidents involve a web of state regulations governing everything from safety standards to employer responsibilities. Our attorneys understand these laws and use them to build a strong case on your behalf.
- Thorough Investigation. We conduct a comprehensive investigation to gather critical evidence, such as accident reports, witness statements, and medical records. This thorough approach helps us establish liability and strengthen your claim.
- Multi-Party Litigation. Workplace accidents often involve multiple parties, including the employer, equipment manufacturers, and subcontractors. Our experienced attorneys navigate this complex landscape to ensure all responsible parties are held accountable.
- Comprehensive Damage Calculation. Our team takes a detailed approach to calculating damages, ensuring all aspects of your losses are accounted for. This includes immediate costs like medical bills and lost wages, as well as future implications such as long-term medical care and diminished earning capacity.
Why Choose Pastrana Garcia?
At Pastrana Garcia, we are committed to fighting for the rights of injured workers in Texas. Here’s how we stand out:
- Experience handling Work Accident Cases. Our attorneys have extensive experience handling work accident cases and understand the specific challenges involved.
- Comprehensive Support. From the initial consultation to the final settlement or trial, we handle all aspects of your case, allowing you to focus on your recovery.
- No Upfront Costs. We cover all litigation expenses, so you only pay if we win your case. Our goal is to ensure you have access to the justice and compensation you deserve without financial burden.
Protecting Your Rights After a Work Injury
At Pastrana & García Injury Law, we understand the challenges faced by injured workers in Pflugerville, Round Rock, Austin, Manor, Bastrop, and the surrounding areas, and we are committed to providing personalized legal support to help them through this difficult time.
If you or a loved one has suffered a work-related injury, don’t hesitate to reach out for help.
Ready to take the next steps? Reach out to us online today or call our offices today to schedule a free consultation and learn more about how we can fight for the benefits and compensation you deserve.
