Houston Workplace Injury Lawyer

The Houston Workplace Injury Attorney – Call Today!

James Walker - Houston's Personal Injury Lawyer Workplace injuries are an unfortunate reality for countless individuals, especially in a bustling city like Houston, home to numerous manufacturing centers and construction sites. Every day, employees face the risk of work-related accidents that can result in significant injuries, financial hardship, and emotional distress.

Navigating the complex terrain of workers’ compensation and personal injury law during such challenging times can be overwhelming for most people.  The expertise, experience, and commitment to seeing wrongs righted exhibited by Walker Texas Lawyer prove to be invaluable.

Known as the Houston Workplace Injury Lawyer, James Walker, has been dedicated to assisting injured workers for over four decades. He offers free consultations, recognizing that injured workers require easy access to legal advice.

If You Have Been Injured, Call Walker Texas Lawyer

Dealing with a workplace injury is both physically and emotionally taxing and financially burdensome. Medical bills, rehabilitation costs, lost wages, and ongoing care can quickly add up, placing significant financial strain on you and your family. By calling Walker Texas Lawyer, you can rest assured knowing that your case is in capable hands. Through open communication, personalized attention, and zealous advocacy, Walker Texas Lawyer will work tirelessly to protect your rights and help you obtain the compensation needed to support your recovery and secure your future.

If you have any questions or concerns about your workplace injury case, do not hesitate to schedule a consultation with Walker Texas Lawyer and take the first step toward building a strong legal claim.

The Role of a Personal Injury Attorney in Workplace Injuries

When you’re a victim of a workplace injury, dealing with the aftermath can be an uphill battle. Apart from the physical pain and recovery, workers often face uncaring insurance companies, intimidating paperwork, mounting medical expenses, and loss of income. It’s precisely during these times when a personal injury attorney like Walker Texas Lawyer can make a substantial difference.

Walker Texas Lawyer helps his clients at every stage of their workplace injury claim. He works to ensure that they receive the full compensation they deserve. James Walker identifies any third parties who may share liability for the accident. Futhermore, he assesses whether the injured worker qualifies for workers’ compensation benefits. He will manage all the paperwork and communications associated with the claim. Additionally, he will represent you during insurance negotiations and appeal processes if needed.

Common Workplace Injuries

Workplace injuries can take various forms, and the work environment in Houston, with its extensive construction and manufacturing sectors, presents multiple injury risks. In 2018 alone, Texas witnessed 488 fatal workplace accidents caused by transportation incidents, falls, violence, contact with equipment, exposure to harmful substances, and fires.

Workplace injuries can vary extensively by their nature and severity. They often depend on the specific type of work and the associated hazards of a given industry. However, some forms of injuries are more recurrent than others. Here’s a closer look at some of the common workplace injuries:

Sprains, Strains, and Tears:

Employees often engage in tasks that require heavy lifting, pushing, pulling, or any form of repetitive motion, leading to sprain and strains. This form of injury is commonly encountered in industries like construction, warehousing, retail, and healthcare.

Cuts and Lacerations:

Workplace areas replete with machinery, tools, or any sharp objects can be grounds for cuts and lacerations. Improper usage of equipment, lack of safety training and protective gear, or random accidents can result in deep cuts, causing not just immediate trauma but also potential infections if not properly managed.

Fractures and Broken Bones:

Fall from heights, slips, and trips, or run-ins with heavy machinery could easily lead to fractures and broken bones. These injuries usually take a while to heal and may result in permanent disability, affecting the worker’s ability to fulfill their duties effectively. They sometimes even lead to amputations.

Burns:

Employees working with chemicals, heat, or flame, like in restaurants or manufacturing plants, are at risk of suffering burns. Third-degree burns can result in significant scarring and require extensive treatment and possible reconstructive surgery.

Head Injuries and Traumatic Brain Injuries (TBIs):

Falling objects, slips and falls, workplace violence, or accidents involving motor vehicles can cause head injuries. TBIs can have serious lifelong consequences affecting cognitive function, motor skills, emotions, and sensations.

Repetitive Strain Injuries (RSIs):

Repetitive tasks, awkward postures, forces, and stressors can lead to a variety of musculoskeletal disorders. Workers who engage in typing, assembly line work, or even lifting can develop RSIs, which could lead to chronic health issues like carpal tunnel syndrome and tendonitis.

Workplace Injury - Houston Personal Injury Lawyer

Injuries from Exposure to Harmful Substances:

Workers in industries like mining, construction, and waste management could suffer from chronic illnesses due to exposure to asbestos, radon, chromium, or other toxic materials. Prolonged exposure may result in respiratory diseases, skin disorders, or cancer.

In conclusion, while strict adherence to safety protocols can considerably reduce the risk of these common injuries, the mitigation of hazards in the workplace is an ongoing responsibility for both employers and employees. Instituting regular training, providing quality personal protective equipment, advocating for routine breaks, and maintaining equipment can significantly diminish the occurrence of workplace injuries.

Frequent Workplace Accidents

No two workplaces are the same, and the potential hazards can vary considerably. Warehouses are typically bustling environments that could inadvertently pose a risk to employee safety. James Walker is experienced in representing clients in a spectrum of work-related accidents. Some of the recurrent incidents that we regularly deal with are:

Construction Site Accidents

Construction personnel often operate within a high-risk work environment, whether around construction machinery, atop tall structures or working in zones adjacent to civilian traffic areas. A slight instance of carelessness can result in grave injuries. Construction workers are also regularly exposed to hazardous substances, materials, and environments. If negligence leads to an illness, contact us immediately.

Occupationally Related Traffic Accidents

On-the-job vehicular accidents are increasingly prevalent. You may sustain injuries from getting hit by another vehicle while in transit or even being struck by machinery. Approaching us after such an accident can help you navigate your legal rights and potential compensation.

Accidents Involving Forklifts

Forklifts are standard equipment across several industries, including warehouses, retail outlets, and construction. Operating these vehicles requires specialized training and licensing. Accidents can be triggered by unqualified or reckless operation of forklifts. If you’ve been victim to an accident involving a forklift, it’s essential to explore your legal options.

Accidents Related to Equipment & Machinery

In many occupational sectors, being surrounded by heavy-duty machinery and equipment is routine. Appropriate training, qualifications, and supervision are critical to safe operation and prevention of accidents. The absence of these factors significantly heightens the risk of mishaps involving equipment and machinery.

Oilfield Accidents

With a wealth of oil and natural gas fields, Texas stands as a major oil production state. Despite how streamlined the process might be, extracting oil presents a slew of potential hazards, including toxic gases,  like hydrogen sulfide, liquids, silica, mercury, explosions, falls, and vehicle accidents. If you experience an injury while working at an oilfield, reach out to a work accident attorney at your earliest convenience.

FELA & Railroad Workers’ Compensation Claims

Texas, with its extensive network of freight carriers and passenger rail systems, employs a large population of workers dealing with trains, tracks, and rail stations. As such an employee, there are numerous hazards you could encounter while performing your railroad duties. If you do get injured, while performing those duties, your process for compensation might fall under the Federal Employers’ Liability Act (FELA), which is a rather complex law.

Factors That Lead to Workplace Injuries

Workplace injuries can be traced back to a plethora of factors, but certain ones tend to recur. Overexertion, including activities such as lifting heavy objects or performing repetitive motions, is a common cause of strains and musculoskeletal issues. Next, poorly maintained workplaces can increase the chance of slips, trips, and falls due to hazards like clutter, loose mats or slippery floors.

Inadequate training and non-adherence to safety protocols can result in accidents involving machinery, tools, and other equipment. This lack of preparedness and understanding often leads to the misuse of machinery, increasing the likelihood of injuries.

Workplaces involving operation of vehicles are often prone to transportation-related accidents, due in part to fatigue or inattention to road safety. Exposure to harmful substances or environments is another common cause, particularly in industries like manufacturing, mining, and construction where contact with toxic materials is frequent.

Lastly, the prevalence of workplace violence has risen over the years, leading to physical injuries in escalated situations. Ensuring a safe and respectful work culture is vital to mitigate such incidents.

In conclusion, while these factors can lead to workplace injuries, they are often preventable through proactive steps, attentiveness, and proper training for all employees.

Forklift Workplace Injury - Walker Texas Lawyer

What is My Potential Compensation for Workplace Injuries

Victims of workplace accidents are entitled to several types of benefits, which can come through workers’ compensation or a personal injury lawsuit. Workers’ compensation covers necessary, reasonable medical expenses related to the accident and replaces wages while the worker is recovering.

Additionally, impairment benefits for a permanent impairment, supplement income benefits for an inability to return to work, and lifetime income benefits for total disability are available under workers’ compensation. It’s important to remember that workers’ compensation limits benefits to economic damages, such as lost wages and medical expenses, however, in certain cases, injured workers may also file a personal injury claim, enabling them to potentially recover a broader range of damages like medical expenses, pain and suffering, emotional distress, and lost or reduced earning capacity.

What is My Workplace Accident Claim Worth?

Determining the value of your workplace injury case involves several factors, including the nature of your injury, the extent of your medical expenses, your wage loss, and whether you’ve lost any future earning capacity. While workers’ compensation provides certain fixed benefits in Texas, a personal injury claim can lead to a broader range of recovery.

Statute of Limitations for Workplace Injury Claims

Adhering to the statute of limitations is critical in any legal case, including workplace injury claims. In Texas, the deadline for filing a personal injury claim is generally two years from the date of injury. The timelines can vary depending on the specific details of your case, so it’s crucial to seek legal advice immediately to avoid forfeiting your rights.

Do I Need to Prove Negligence in My Injury Case?

Proving negligence is generally necessary in personal injury lawsuits. However, workers’ compensation is a no-fault system, meaning that an injured worker can claim benefits without proving negligence on the employer’s part. That said, in some situations, if the employer was even slightly negligent, they could be held fully liable for the work-related injury.

Texas Workers Compensation Insurance

In the state of Texas, having workers’ compensation coverage provided by private employers isn’t mandatory.

In instances where you get injured on the job and your employer does have workers’ compensation insurance in place for its employees, it will be necessary for you to file a workers’ comp claim to procure these benefits. Walker Texas Lawyer can provide guidance through this process. However, access to workers’ comp benefits can potentially restrict your right to sue your employer for negligence.

If your employer doesn’t offer workers’ compensation insurance, reaching out to a workplace injury attorney promptly is advisable. Doing so can help you identify if a different federal statute may be relevant to your situation, or explore alternative avenues for obtaining compensation. If your employer elected not to provide workers’ comp, you might have the option to pursue a personal injury claim to rectify your losses.

What Compensation Could be Recovered for My Workplace Accident?

In Texas, you might be able to receive compensation for an occupational injury through workers’ compensation and/or a personal injury lawsuit. If your employer subscribes to workers’ compensation insurance, your claim will be dealt with through that avenue.

Workers’ compensation claims are handled by the Division of Workers’ Compensation, and the benefits are determined by the Texas Department of Insurance. Several categories of benefits might be available to those injured in the workplace:

  • Medical Benefits: These cover necessary and reasonable medical expenses related to your injury.
  • Temporary Income Benefits (TIB): They replace wages during your recovery, usually about 70% or 75% of your average weekly earnings. TIB can be received for up to 104 weeks, with extensions applicable for cases involving spinal surgery.
  • Impairment Benefits: Also recognized as partial permanent disability benefits in some states. If you reach maximum medical improvement (MMI), your doctor will evaluate whether you have a permanent impairment and assess its severity.
  • Supplement Income Benefits: Available post-expiration of impairment benefits if you meet specific criteria, such as a minimum impairment rating of 15%, and more.
  • Lifetime Income Benefits: Awarded for total disability in severe cases such as permanent paralysis or traumatic brain injury.

It’s important to note that workers’ compensation is a no-fault system. It does not cover non-economic damages like pain and suffering.

You May Pursue A Personal Injury Lawsuit

If your workplace injury was due to a negligent third party, apart from your employer, you might be eligible to initiate a personal injury claim in addition to your workers’ compensation benefits. Also, if your employer chose not to participate in the workers’ compensation system, you may be able to file a lawsuit against them.

By pursuing a personal injury lawsuit, you can potentially obtain a more extensive range of damages, including:

  • Medical expenses
  • Diminished or lost future earning capacity or disability
  • Pain and suffering
  • Mental anguish
  • Emotional distress
  • Punitive damages

A knowledgeable work injury attorney in Houston, such as James Walker, can assist you in exploring the various benefits you might be entitled to after experiencing a workplace injury.

What If My Injuries Occurred Offshore?

If you’re employed in the maritime sector, several federal laws could govern your scenario and determine the benefits you’re eligible for, such as:

The specific entitlements under these laws usually vary depending on your exact role. For instance, rights might differ for seamen, offshore workers, and dock workers under these laws. If you’re injured while at sea, don’t hesitate to get in touch with us today.

Fatal Workplace Accident

If you’ve suffered the loss of a parent, spouse, or child due to a workplace mishap, it’s crucial to get in touch with us immediately. You might be able to procure funeral, burial, and income benefits under the workers’ compensation insurance scheme.

In cases where workers’ compensation isn’t available or a third party was at fault, you might have the right to lodge a wrongful death claim against the employer, or another involved individual or entity. Moreover, if your deceased loved one was employed in the maritime or oil and gas sectors, another federal statute such as the Death on the High Seas Act might be applicable.

Why You Should Choose Walker Texas Lawyer

Engaging a competent attorney is crucial for navigating the complexities of workers’ compensation laws. Additionally, they can help you get the compensation you deserve. Walker Texas Lawyer brings more than four decades of experience, fighting resolutely for injured workers in Houston, demonstrating an unmatched commitment to justice.

Don’t allow your workplace injury to rob you of your rights. Choose Walker Texas Lawyer, the Houston Workplace Injury Lawyer, for comprehensive legal support. Call today for your free consultation and take the first step towards obtaining your rightful compensation.

Areas We Serve

Walker Texas Lawyer is located in Houston, just off the southwest freeway near the corner of Edloe St and West Alabama St. We serve clients throughout Texas. Injured in a car, motorcycle, offshore, or industrial accident? We can help you get the compensation you deserve. The following are some areas we serve:

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In a world where trust is hard to come by it’s refreshing to see a law firm that actually cares about their clients and treat them like family and are not about the (almighty dollar) but to look out for the best interest of their client.

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