Thousands of people get up and head out to work every day in the Dallas-Fort Worth Metroplex. While not many people actively have the thought of how a workplace accident can affect the lives of themselves and their families, the truth is, Texas leads the entire nation in workplace injuries and fatalities.
A work injury can completely derail an individual’s life and leave them and their family worrying about medical expenses, making up for lost income, or in worst cases, dealing with the loss of a loved one.
Workers’ compensation insurance is often set in place by the employer to help provide the injured party and their family with the necessary finances to cover medical care and any lost pay during recovery. Even though workers’ compensation benefits may seem like a good program to support the recovery process of injured workers, it also prohibits that employee from pursuing a lawsuit against the employer. It is important to understand your rights as an employee after you have been involved in an accident, especially if that accident was caused due to the negligence of the employer or another employee. The dedicated team of work injury attorneys at the Hernandez Law Group, P.C. has put together this guide to help you understand what steps you should take and what your legal rights are after an accident.
Steps to Follow Immediately After Your Accident:
1. Report the Accident to Your Supervisor
One of the most essential steps you should take is to report the accident to your supervisor. Make sure to be as specific as possible about the injury and how it occurred. If you cannot do this due to the severity of the injury, it is important to get a statement about the accident as soon as you can. Whether this is a written or recorded statement, a report needs to be turned in to comply with the regulations surrounding your workers’ compensation claim.
2. Seek Out Medical Attention
No matter how minor the injury seems, it is important to seek out medical attention immediately after an accident. While some injuries such as lacerations are obvious, others such as a traumatic brain injury may not present themselves straight away. Failing to get your condition assessed by a healthcare professional can result in the worsening of your condition and can negatively affect your case for claiming compensation.
It is also important to get copies of all medical documents concerning your injury and treatment. This helps strengthen your claim and can be used later if your employer tries to dispute your compensation claim.
3. Keep Track of All Insurance Information
Make sure you are keeping track and saving documents pertaining to your injury from workers’ compensation, your personal health insurance, and any other insurance that may apply to your case. This track can paint a clear picture of the steps to your recovery and make it harder for your employer to dispute your claim.
4. Do Not Speak to Anyone or Sign Anything Concerning Your Injury
Do not speak to anyone, including your employer, about your injury or sign anything without speaking to a work injury attorney first. You will want to make sure you contact a work injury attorney as soon as you can after your accident to ensure that you are getting the compensation you deserve.
Is Workers’ Compensation Enough to Cover Expenses?
Texas workers are entitled to sufficient workers’ compensation after being injured on the job under state law. However, not all companies provide this insurance (known as non-subscribers) nor do all companies keep the employee’s best interests in mind. Some companies may be trying to cut costs, leading to their compensation for your injury not being adequate to cover all of your damages and medical expenses.
It is also important to note that when a company offers workers’ compensation, they are protected by state law from the employee pressing a lawsuit against them. However, this doesn’t mean that a lawsuit cannot be filed entirely. A lawsuit may still be possible to press against the facility owner, manufacturer of the work equipment if it is found to be faulty. This is also true for any type of repair company that came to service the product or equipment that caused the accident.
Need Help With Your Work Injury Case?
If you have been injured on the job, you may feel pressured to just accept the compensation being given to you by your workers’ compensation or to not take any action at all. The Hernandez Law Group, P.C. can help defend your right to look into the matter to seek compensation from the negligent party, whether that is the manufacturer of the work equipment or the facility owner due to negligent care of the building. We work hard to gather the necessary evidence to ensure that you are getting the compensation you deserve. Contact our team today for more information on our services or to schedule a free, no-obligation consultation!