Workplace Accidents / Job Related Injuries
Houston Workplace Accident Attorneys
Suffering a serious injury at work due to the negligence of an employer or third party is an agonizing experience. Discussing your situation with an experienced workplace accident attorney soon after your injury is the best way to ensure that you will be fairly compensated for the damages you have endured as a result of the injury.
Attorney George W. Wilhite is board certified in personal injury trial law by the Texas Board of Legal Specialization. The attorneys at Wilhite & Lea have dedicated their practice to helping those who are hurt on the job. When you are injured in a workplace accident due to the wrongful conduct of a third party, you could be entitled to compensation for your medical expenses, lost wages, mental anguish, and pain and suffering.
Wilhite & Lea, P.C. Attorneys at Law aggressively represents clients to recover compensation for victims of workplace injuries throughout Harris County, including: Houston, Northwest Houston, Champions, Spring, Tomball, Klein, the FM 1960 area, as well as The Woodlands and Conroe in Montgomery County. With personalized representation and over 40 years of legal experience and knowledge, Wilhite & Lea, P.C. will assist and counsel you concerning your rights to potential recovery.
Common Types of Work-Related Accidents
Many types of accidents can occur on the job or at a worksite. Wilhite & Lea are experienced with representing those who have suffered from any of the following workplace accidents:
- Construction Accident
- Chemical Plant Accident
- Refinery Accident
- Industrial Accident
- Crane Accident
- Trenching Accident
- Fall Accident
- Trip Accident
- Forklift Accident
- Oil Explosion Accident
- Gas Explosion Accident
- Heavy Equipment Accident
- Manufacturing Accident
- Falling Ladder Accident
- Forklifts Accident
- Nail Gun Accident
- Oil Rig Accident
- Bulldozer Accident
- Aerial Lift Platform Accident
- Welding Accident
- Maritime and Off-Shore Accidents
When these accidents occur and serious injuries are suffered; the effects can be devastating. It’s very important to discuss your case with an attorney as soon as possible after the injury in order to attain fair and adequate financial compensation for the damages you have suffered.
Common Types of Serious Injuries Suffered from Workplace Accidents
Workplace Injuries are not uncommon in Texas. The types of injuries suffered from occupational accidents or negligence at a worksite can vary from severe, to catastrophic, life-threatening, or may even result in a wrongful death. At Wilhite & Lea, our workplace injury lawyers are experienced in filing and litigating lawsuits related to a variety of on-the-job injuries, including:
- Catastrophic Injury
- Spinal Cord Injury
- Brain and Head Injuries
- Neck and Back Injuries
- Electrocution Injury
- Amputations or Disfigurement
- Severe Burn Injury
- Mesothelioma
- Explosion Injuries
- Faulty Machinery Injury
- Falling Debris Injury
- Scaffold Collapse Injury
- Toxic Exposure Injury
- Chemical Exposure Injury
- Product Defect Injury
- Crush Injury
If you have suffered from any of these injuries, it’s important to talk with an attorney right away to be informed of your rights and advised about any compensation you’re entitled to. Contact us today to speak directly with an attorney about your workplace injury; we’re ready to help.
Third Party Cases
If you are injured on the job, and you employer has Workers’ Compensation insurance that will adequately compensate you for the damages, then in most cases you cannot sue your employer. If an individual or entity other than your employer was at fault or partially at fault for the injury, you can sue the third party. This type of claim is typically more valuable than any benefits you would receive through Workers’ Compensation.
For over 40 years, Wilhite & Lea, P.C. have been handling all types of personal injury cases including workplace injuries caused by the negligence of third parties. Our law firm has assisted hundreds of clients who have been the victims of workplace accidents, and we are ready to fight for you to receive the compensation you deserve.
Workers Compensation Benefits
If you have suffered from a work-related injury and your employer carries workers compensation insurance in Texas; in most cases, the employer cannot be sued for damages. Instead, the injured employee is entitled to workers compensation benefits.
In some instances, companies may tell an injured employee that they are covered by Workers’ Compensation and that everything will be taken care of. While the company may have some type of insurance coverage; they may not necessarily be covered by Workers’ Compensation insurance under Texas Law. In these instances, an injured employee will be entitled to more compensation for injury damages such as medical expenses, loss of income, mental anguish, or pain and suffering.
Some employers may choose to carry Occupational Accident Insurance as an alternative to Workers‘ Compensation. Occupational accident policies have deductibles and dollar and time limits. Because of this, employers will be responsible to pay out of pocket for any additional disability payments to the injured worker. Most importantly, Occupational Accident Insurance is not considered an equivalent to Workers’ Compensation Insurance under Texas Law.
Injured workers in Texas have the right to free assistance from the Office of Injured Employee Counsel. These local offices also provide other workers’ compensation system services from the Texas Department of Insurance. This is the state agency that administers the system through the Division of Workers’ Compensation.
In addition, many years ago lawmakers enacted the Texas Workers Compensation Act. This act set in place certain provisions to protect companies by enabling them to purchase workers compensation insurance, which effectively grants them immunity from lawsuits on behalf of injured employees. When an employee is injured on the job and the company subscribes to workers compensation insurance, theoretically, the employee's medical expenses and some portion of their wages are paid for by the insurance carrier.
There are certain exceptions to receiving benefits, you may not be entitled to receive any workers’ compensation or other benefits, in certain situations, such as:
- You were intoxicated at the time of the injury
- You injured yourself on purpose or while trying to injure someone else
- You were injured by another person for personal reasons
- You were injured by an act of God
- Your injury occurred during horseplay
- Your injury occurred while voluntarily participating in an off-work activity
Contacting an attorney early in the case is the best course of action in determining exactly what you are entitled to. At Wilhite & Lea, our attorneys work for you. Unlike claims adjusters who only look out for the insurance company and the employer; we look out for you.
Non-Subscriber Employers and Workplace Accident Claims
When a company decides not to subscribe to workers' compensation insurance they are known in the legal world as a "non-subscriber." Non-subscriber cases are drastically different than workers' comp cases due to the fact that non-subscribers must pay for your injuries if held responsible. The Texas Workers Compensation Act grants immunity to those who subscribe to workers compensation insurance but also has built-in provisions to "punish" non-subscribers by removing many of their legal defenses and by not setting a cap on the amount that can be recovered.
At Wilhite & Lea, we have handled numerous non-subscriber cases by aggressively representing the injured worker and gaining maximum compensation for damages that were suffered as a result of the injury. If you’ve been injured on the job, contact us today to have your case evaluated by an experienced personal injury attorney.
Common Texas Industries where On-the-Job Accidents Occur
There are a wide range of different industries in Texas where a workplace related accident or injury is more likely to occur. At Wilhite & Lea, we are experienced in representing injured workers in a variety of different industries, including:
- Construction Industry
- Maritime Industries
- Aviation Industry
- Oil Rig Industry
- Oil Field Industry
- Scaffolding Industries
- Welding Industry
- Factory Industries
- Industrial Plants
- Chemical Plants
- Refinery Plants
- Manufacturing Industry
- Engineering Industry
- Railroad Industry
- Commercial Transportation Industry
- Roadwork Construction Industry
- Agricultural Industry
If you work in any of these injuries and have been the victim of an accident or suffered a serious injury; contact us to immediately discuss your case with an experienced attorney.
Texas Workplace Safety
The United States Office for Occupational Safety and Health Administration (OSHA) has strict guidelines to insure worker safety and well-being. Federal and state laws require that employers furnish a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees. In most instances, an employee may anonymously complain to a state or federal agency about an unsafe work environment and be protected against employer reprisals.
In Texas, the Workers' Health and Safety Division of the Texas Workers' Compensation Commission provides assistance with workplace safety and health issues to employers, employees, and workers' compensation insurance carriers and policyholders.
Our attorneys have a broad range of experience in aggressively representing clients who have suffered workplace injuries caused by construction accidents, chemical accidents, oil rig accidents, burns, electrocutions and other manufacturing or construction accidents.
Contractors & Subcontractors
Many companies will hire workers as contract laborers in order to avoid responsibility in the event of an injury. Many attorneys believe that contract laborers are not eligible to receive compensation for their injuries. This is usually true; however, in the State of Texas there are certain specifics that a company must adhere to in order to insist that your status as a contract laborer is legitimate.
Texas Workers’ Compensation Rights
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Injured workers have the right to receive medical care to treat your workplace injury or illness. There is no time limit for this medical care.
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Injured workers have the right to choose a treating doctor. If you are in a workers’ compensation health care network, you can choose your doctor from the network’s treating doctor list. If you are not in a network, you can choose a doctor from the Approved Doctor List. This list is kept by the Division of Workers’ Compensation.
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Injured workers have the right to hire an attorney at any time to help you with your claim.
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Injured workers have the right to receive information and assistance from the Office of Injured Employee Counsel free of charge.
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Injured workers have the right to receive ombudsman assistance if you do not have an attorney and a dispute resolution proceeding about your claim has been scheduled.
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Injured workers have the right for your claim information to be kept confidential.
An ombudsman is an employee of the Office of Injured Employee Counsel. Ombudsmen are trained in the field of workers’ compensation and provide free assistance to injured employees without attorneys. Ombudsmen cannot sign documents for you, make decisions for you or give legal advice. Proceedings about your claim may include benefit review conferences (BRCs) or contested case hearings (CCHs). Proceedings are held at local field offices. At least one ombudsman is located in each local office.
In most cases, the contents of your claim file cannot be obtained by others. Some parties have a right to know what is in your claim file, such as your employer or your employer’s insurance carrier. Also, an employer that is considering hiring you may get limited information about your claim from the Division of Workers’ Compensation.
Workplace Accidents and Work-Related Injuries Under Texas Law
In Texas, Workplace accidents and Worker’ Compensation claims are governed by the Texas Labor Code, Title 5. Workers' Compensation. Chapter 406. Workers’ Compensation Insurance Coverage.
Wilhite & Lea, P.C. | Texas Workplace Injury Lawyers
Injuries sustained in these workplace accidents can have catastrophic consequences. If you have been seriously injured in a workplace accident, contact our Houston workplace injury attorneys today by calling (281) 537-2171 or submitting the details of your case in our online form. Wilhite & Lea, P.C. handles Workplace Accidents in Houston or surrounding areas, including Harris County, Montgomery County, Washington County, Grimes County, Fort Bend County and Waller County.
Contributor: Edward Allen