Laredo Work Injury Lawyer
Workers’ compensation was designed to provide an avenue for employees to be compensated for their work-related injuries without having to go to court and prove their employer was negligent. In turn, the employer cannot claim the employee was negligent and responsible for his or her own injury.
Although it sounds like a good plan, there are some snags in the system. It tends to provide some compensation for all, but full compensation for none. A Laredo personal injury attorney will help you collect all the compensation available to you from all sources.
Exception to Texas Workers’ Compensation Laws
Under Texas law, workers’ compensation is considered your exclusive remedy for work-related injuries or illnesses if your employer has a valid workers’ compensation insurance policy. There are two exceptions to it being your exclusive remedy.
1. A third-party claim. When your on-the-job injury was due to the negligence of a third-party, not your employer, you can sue the third-party. Examples include injuries caused by faulty equipment or any other defective product. In this type of situation, you can sue the equipment or product manufacturer. If you were driving while doing a work-related task and you are involved in an accident caused by another driver, you can sue the other driver.
You will still collect workers’ compensation, but the third-party claim allows you recover compensation for damages, such as emotional damages, pain and suffering, and full medical costs and lost wages that may be benefits not available to you under workers’ compensation .
2. Workers’ compensation policy is invalid. If the employer’s policy is invalid, then you can file a lawsuit and receive the greater compensation allowed under this type of scenario.
TELL US WHAT HAPPENED
Common Types of Work-Related Injury Cases We Handle
No matter how you were injured, at the Laredo Law Office of Eric Ramos, we can help. Some examples of work-place injuries we have handled include, but are not limited to:
- Car accidents.
- Elevator accidents.
- Environmental illnesses.
- Falls from high places.
- Forklift and loading dock accidents.
- Ladder accidents.
- Lifting injuries.
- Scaffolding accidents.
- Slips and trip injuries.
- Third-party claims.
- Any other type of work-related injury or illness.
Negligent Party Who May Be Held Responsible
At our law office, we will diligently review the circumstances of your injury or illness and determine who is the responsible party. It is possible that one or more of the following could be liable for your accident in addition to your employer:
- A commercial landlord or property owner.
- The manufacturer of a defective product, including everything from an aerosol spray can to a large piece of equipment.
- A negligent vehicle driver and his or her employer if the driver was driving for work at the time of the accident.
- A contractor, subcontractor, or both.
- A vendor or service provider, like a cleaning service or elevator repair company for example.
How We Can Help at the Law Office of Eric Ramos
Being injured at work generally results in a loss of income while you are building up medical bills. This happens when you use up your sick time and vacation days, and then are not being paid for your work. Collecting your workers’ compensation benefits often takes time. Even if the insurer decides you are entitled to full benefits, this may not cover all of your injury-related losses.
Employers may claim your injury did not occur on the job. They may claim you did not comply with the reporting requirements. Although it is supposed to be an easy, uncomplicated process, it is often just the opposite. There are hurdles you must jump over and the application process for collecting benefits is complex.
At the Laredo Law Office of Eric Ramos, PLLC, we offer a free consultation. We generally can make an appointment to meet with you the same day you call. If you are unable to come to us, in most cases, we can make arrangements to come to you. Workers’ compensation cases must comply with certain time guidelines as well as other rules, so please contact us as soon as possible at (956) 275-6060.
Fill out the form to get started with your free evaluation of your Laredo workplace injury case today.