Many states require employers to carry workers’ compensation insurance. This is essentially an implied contract between an employee and their employer that the employee will agree not to sue if they are injured on the job and in exchange the employer will provide medical care and paid wages while they recover. In theory, this allows the business to run smoothly. However, it also prevents employees from suing for injuries, which sometimes lets companies off the hook for negligent conduct. Luckily, that is not the case in Texas. Texas does not require workers’ compensation insurance, so employees have the right to sue their employer if they are injured on the job due to negligence or recklessness. This is what Joseph Julian did after he was seriously injured at work.
Julian was an employee of Load Trail LLC in San Antonio. He said that one day he was reaching down to pick up his toolbox and he was suddenly pushed to the ground by what felt like a forklift. Julian was in a lot of pain, and after going to the doctor, discovered that he had serious injuries, including herniated disks. He ultimately required lumbar fusion surgery. Julian stated in court that following the injury, he suffered neck pain so severe that he was no longer able to play with his children. He attempted to return to work at Load Trail LLC on two occasions, but both times he was in too much pain to complete the physical labor required by his position.
Julian retained counsel and brought a personal injury lawsuit. The matter went to arbitration and Julian and his lawyers were able to demonstrate successfully that Load Trail LLC had failed to provide a safe workplace for Julian, and that their negligence in doing so was responsible for his injury. The matter was settled through arbitration, and Julian was awarded $930,000. Load Trail LLC then appealed, contesting the award, so the matter went to court. However, the court affirmed the award to Julian.
How a Lawyer Can Help You
Being injured at work can be completely overwhelming. Employees often face backlash from supervisors and superiors who do not want accidents on their record or the expense of a lawsuit or personal injury claim. This can create a toxic company culture that other employees participate in as well to gain approval from management, peer pressuring those who have been injured to walk it off and get over it. That lack of support and denial of affirmation with regard to injury can be a lot to overcome, and many employees end up feeling like they have hit a wall and are out of options. However, that is not the case. A Texas personal injury lawyer can zealously advocate for you, representing your interests, and ensuring that you get the compensation for your injury to which you are legally entitled.
Let’s face it, there is already an inherent power imbalance between an employee and their employer. When an employee is injured and no longer able to work, this can further deepen this imbalance. By hiring experienced legal counsel, you correct this imbalance, and ensure that your interests are being fought for rather than swept under the carpet.
Clearly standing up for yourself can have benefits. Although a $930,000 settlement will not take away the pain of Julian’s permanent injuries, he at least is no longer without income due to his injury, and can return his focus to his health and family instead of how he will make ends meet.
Schedule a Consultation
If you have suffered injuries as a result of a workplace accident, the Law offices of Eric Ramos are ready to support you and zealously advocate on your behalf to help you get every cent of compensation that you deserve. Call today and schedule a free consultation. There is no fee until we win.