A workplace injury is governed by the Texas Workers’ Compensation system and damages are not recoverable through a civil lawsuit. Under Texas law, employers that subscribe to Workers’ Compensation benefit from the “exclusive remedy doctrine”. This means that the subscribing employer provides an agreed level of benefits to an injured employee in exchange for a limit on liability.
However, Texas employers can opt out of the Workers’ Compensation system. Companies that opt out of the system are commonly referred to as nonsubscribers. Nonsubscribers are not protected by the exclusive remedy doctrine and have exposure to liability when a worker is injured. If you have been injured at work and your employer was at fault in any way, you may be entitled to compensation. Contact our Hurst workplace injury attorneys today for a free evaluation of your case.
In the state of Texas, you have the right to hire an attorney to assist you with your workers’ compensation claim. If you do not have an attorney, you can receive some help with your claim from the Office of Injured Employee Counsel. Because you must fill out and submit (within certain time frames) a significant amount of paperwork, having an experienced workplace injury attorney could be very beneficial. In many cases, the outcome of your workplace injuries could depend on the strength of your legal counsel.
While a workplace accident can occur virtually anywhere, the most common types of workplace injuries include:
The workplace injury attorneys from Noteboom—The Law Firm, can help you build a strong case following your workplace accident. We will thoroughly investigate, helping ensure you receive the workers’ compensation you are entitled to receive.
Workers’ compensation laws vary from state to state. In the state of Texas, employers may opt out of carrying workers’ compensation insurance. Employers who opt-out are known as non-subscribers. These non-subscribers must inform all employees that they do not carry workers’ compensation insurance. Further, non-subscribers must file an annual DWC Form-005 with the DWC. If a workplace injury occurs in a non-subscriber workplace, an employee may sue for damages. If sued, a non-subscriber may not argue any of the following:
As noted above, Hurst employers that opt out of workers’ compensation coverage could open themselves to employee lawsuits. There are other situations where a Texas employer can be sued following a workplace injury. If an employer intentionally causes an employee’s injury, the employee may sue. If the injuries are a direct result of gross negligence, the employer can be held liable for civil claim damages. Some employees may also receive additional protection under federal law (railroad workers, harbor workers, longshoremen, and others).
In some cases, an injured worker could also have a third-party claim. A third-party claim involves negligence by a subcontractor or other individual not employed by the employer. A third-party claim could also involve a defective product that caused the injury. Workers who have significant damages may want to consider a civil lawsuit against their employer or a third party. At Noteboom—The Law Firm, our highly skilled workplace injury attorneys want to help you get the compensation you need and deserve. Your damages could include:
Navigating through workers’ compensation and nonsubscriber issues can become very complex. It is important to contact an attorney when you are injured on the job in order to better understand your rights under Texas law. If your employer is a nonsubscriber, you may be able to bring a lawsuit if the employer bears any responsibility at all for your injuries. This can include instances where the injury is caused by a co-worker or a dangerous condition at the workplace. If your employer is a nonsubscriber and you have been injured at work, you should seek legal advice immediately.
Our group of workplace injury lawyers have extensive experience handling on-the-job injuries. When we are retained, we will immediately notify all parties of our involvement to relieve you of the stress of communicating with adverse parties. If the case goes into litigation, we will use the discovery process to gather all necessary evidence related to the injury. Our in-house private investigator will talk to witnesses and investigate the circumstances surrounding the incident.
We evaluate such things as security footage, maintenance records, training logs, and company manuals to make sure no stone goes left unturned. We have a track record of success in complex workplace injury cases. We handle matters in all Texas counties including Tarrant, Dallas, Johnson, and Wise counties as well as Hurst, Euless, Bedford, Haltom City, Richland Hills, North Richland Hills, Watauga, Grapevine, Colleyville, Southlake, Arlington, Keller, Grand Prairie, Dallas, and Fort Worth.
Noteboom – The Law Firm exclusively handles cases involving catastrophic loss. If you are fighting a corporation with deep pockets and teams of lawyers, they will often attempt to drag the case along slowly with hopes that you will eventually drop your claims or settle for a minimal amount. We have extensive resources that allow us to see all of our cases through to completion, even if this means trying the case before a jury. Our workplace injury attorneys are ready to assist you. Contact our office today!