Pasadena Work Injury Lawyer
If you suffer a serious injury on the job in Pasadena, you may have many legal options for seeking compensation. Those options could include filing a workers’ compensation claim, a personal injury claim or a combination of both. However, you may never realize all of your options unless you consult with an experienced Pasadena work injury lawyer.
At Michael P. Fleming & Associates, P.C., we know how to prepare and win work injury cases. We can meet with you right away to review your case and help you to understand your legal rights and the options available to you. Our goal will be to recover the maximum compensation for you so you can get the medical care you need and the security that you deserve as you move forward. To learn more, contact us today and receive a free consultation about your case.
What Are Common Types of Work Injuries?
Over the decades, the attorneys of Michael P. Fleming & Associates, P.C., have helped injured workers throughout Texas. Because of our background, we understand the unique issues that different types of workplace injuries present, including those which involve:
- Overexertion injuries
- Repetitive stress
- Slip and falls
- Falls from heights
- Struck by objects
- Motor vehicle and heavy equipment accidents
- Defective tools
- Crushing or machine entanglement injuries
- Criminal or violent acts.
When we take on your case, we will perform an immediate investigation and determine if unsafe working conditions, inadequate safety and training and/or faulty equipment caused your injuries. As part of our investigation, we will demand that your employer preserve and turn over any work logs, equipment, tools, documents and video that can help us to determine what happened. We will also ensure that your accident and injury gets reported to the Occupational Safety and Health Administration (OSHA).
Can You Get Workers’ Compensation After a Work Injury?
Most states require employers to carry workers’ compensation insurance. Texas is not one of them. As a result, many large employers in Pasadena and throughout the Houston area do not participate in the Texas workers’ compensation system. They are called “non-subscribers.” So, if you suffer an injury at work, the first thing that you and your lawyer at Michael P. Fleming & Associates, P.C., will need to determine is whether your employer has workers’ compensation insurance.
Texas has a “no-fault” workers’ compensation system. This means that you do not have to prove that the negligence of your employer or a co-worker caused your injury in order to receive workers’ compensation benefits. Instead, you need only to establish that your injury occurred while you were acting within the course and scope of your employment.
However, if your employer participates in the Texas workers’ compensation system, filing a workers’ compensation claim will be your sole remedy against your employer. You won’t be able to bring a personal injury claim against the company. Additionally, workers’ compensation provides limited relief. Even though workers’ compensation can take care of all of your necessary medical expenses, it will cover only a portion of the wages that you lose due to a disability. Additionally, workers’ compensation does not cover pain and suffering.
When Can You Sue Your Employer for a Workplace Injury?
If your employer lacks workers’ compensation insurance, then you may be eligible to file a personal injury lawsuit against the employer. This is different than a workers’ compensation claim. To recover personal injury damages, you would need to establish that the employer or a co-worker was at fault.
If you can establish fault, you may recover significantly more compensation than workers’ comp benefits provide. In addition to full coverage of your past and future medical expenses, you could recover all – not just a portion – of your lost past and future wages. You could also recover non-economic damages such as pain and suffering, which workers’ compensation does not cover.
In some situations, a worker can sue an employer even if the employer participates in the Texas workers’ compensation system. For instance, if an employer or co-worker hurt you through intentional or grossly negligent misconduct, you would be eligible to file a personal injury claim.
What Is a Third-Party Claim?
It is crucial to examine all aspects of a workplace injury in Pasadena. When Michael P. Fleming & Associates, P.C., takes on your case, we will explore whether other parties besides your employer may be liable for your injuries. Seeking compensation from such a party is commonly called a “third-party claim.” Examples of third parties who could be held accountable include:
- Negligent drivers
- Manufacturers of defective tools, equipment and other products
- Other contractors or sub-contractors at a job site
- Engineers, architects or surveyors whose negligence causes a workplace injury.
Our goal at Michael P. Fleming & Associates, P.C., will be to recover all compensation that you are entitle to receive. You can count on us to identify all responsible parties and all available sources of coverage in order to pursue that goal.
How Long Do You Have to File a Claim After a Work Injury?
Whether you are filing a claim for workers’ compensation benefits and/or a personal injury claim, you must pay close attention to the statute of limitations. If you fail to file a claim before the statute of limitations expires, you could be barred from any recovery. In Texas, the statute of limitations for workers’ compensation claims is one year from the date of the injury. If you are filing a personal injury claim against your employer, you must file it within two years of the accident that caused the injury. Our law firm will help you to determine the statute of limitation which applies to your case and ensure that you meet all deadlines in your case.
Get Help from a Pasadena Work Injury Attorney Today
If you have been injured at work, you need to know about all of your options, including filing for workers’ compensation benefits and/or personal injury damages. At Michael P. Fleming & Associates, P.C., our attorneys will help you to explore all options available to you and aggressively pursue all compensation that you deserve. Contact us now to schedule your free consultation and learn more about how we can help you.