While some locations are more dangerous than others, any person may suffer an injury or illness related to doing their job. In most situations, an injury is the product of another worker’s carelessness or the ownership’s failure to provide proper training or safety mechanisms. Still, others could be the product of your own mistake.
State law indicates that an employer is liable for injuries or illnesses that result from workers performing their jobs. While many employers choose to retain workers’ compensation insurance policies to avoid this liability, state law does not require them to do so. If your employer did not have a workers’ compensation insurance policy at the time of your injury, you could hold them directly responsible for your losses. A Montgomery County work injury lawyer could help connect your injury to time spent on the job and seek appropriate compensation for your losses. A personal injury attorney is ready to protect your rights.
Most injuries and illnesses resulting from an individual’s job could lead to a workers’ compensation insurance claim. However, state law does not require most employers to retain these policies. As a result, an employer may be directly liable for an incident that affects their employees and responsible for providing all necessary compensation.
These cases place much of the burden of avoiding liability on an employer. This is because an injured or ill worker could collect compensation even if the incident was their fault. In addition, the law allows for reimbursement if an incident was the fault of another worker or the employers themselves. An attorney in Montgomery County could provide more information about work injury lawsuits and why an employer is likely presumptively responsible for a person’s losses.
As long as a worker is able to connect their injury or illness to the performance of their work duties, they are able to collect full compensation for their losses. This compensation comes in three main categories.
First, an employer must provide payments for all necessary medical care. This could include payments for emergency treatment and future rehabilitation sessions. A work injury attorney in Montgomery County could help gather medical records and bills to calculate an individual’s compensation accurately.
Second, employers must provide reimbursement for lost wages. People who miss time at work to make a recovery could demand payment for missed shifts. In addition, if an injury results in a permanent disability, these payments can include future estimated losses.
Third, individuals may demand compensation for their emotional traumas connected to an incident. This could include pain, suffering, and PTSD.
No matter the extent of a person’s losses, they have a limited time under the law to bring their cases to court. Texas Civil Practice & Remedies Code § 16.003 sets a two-year time limit from the date of an injury or diagnosis of an illness for an individual to file a suit. A dedicated legal representative could help pursue these on-the-job injury cases within the applicable time limits.
Work injuries and illnesses are surprisingly common. If your employer has chosen to opt out of workers’ compensation insurance protection, an injury lawsuit is likely your only way to receive the payments that you need to recover. This reimbursement could include coverage for medical bills, lost wages, and emotional trauma.
A Montgomery County work injury lawyer could help you to pursue your case. They can take the needed steps to investigate an incident, measure your losses, and hold employers liable who choose to opt out of workers’ compensation protection. Reach out now to learn more about filing a claim.