No matter where you work, you can experience a fall while on the job. You may think it can’t happen to you because you work a desk job or at a job that doesn’t require heavy lifting. However, falls can be caused by dimly lit stairways, wet and slippery floors, or even faulty equipment.
After a fall at work, you may be wondering if you should hire a workplace injury attorney. It depends — each state has its own workers’ compensation laws, and Texas has specific rules that can affect your decision to sue your employer. Read on to learn about workers’ compensation in Texas and how a Houston attorney can help you in your accident case.
Can I Get Workers’ Compensation in Texas?
In Texas, your employer may provide workers’ compensation insurance; however, it’s not required. Workers’ compensation insurance covers expenses that occur because of an accident at work, including medical bills, lost wages, and death and burial. To receive compensation from your employer, you can simply file the claim with your work’s insurance.
When Can I Sue for Compensation in My Accident Case?
If your employer doesn’t provide workers’ compensation insurance, you can sue the employer for your fall accident. Accidents at work may be filed under two types of lawsuits: personal injury or workers’ compensation. Personal injury lawsuits can be more broad, covering different areas, including pain and suffering. It can also be more difficult to prove liability in a personal injury case.
Even if your employer does offer workers’ compensation, you may still be able to sue them in special circumstances. For example, if your employer was intentional in any way that caused you to fall, you could sue. Make sure you document everything relating to the accident; it may be handy for your accident case.
What Are the Steps for Suing My Employer?
Many employers may try several tactics to stall your case, but you shouldn’t let them stop you from getting the compensation you deserve. When you’re taking action to sue your employer, follow these steps with the help of your accident attorney:
- Discuss settlement options with your employer
- Read your employee contract
- Keep a record of everything
- Collect evidence, including your recorded statement
- Figure out how much you’re owed
- Decide which lawsuit to file
Fight for Compensation With Help From Lapeze & Johns
A workplace fall shouldn’t leave an employee stuck with medical bills and lost wages and no avenue for relief. Workers’ compensation is meant to help employees get back on their feet, but it may not always be available. If your employer doesn’t have workers’ compensation insurance, you deserve the right to sue them for coverage if you’ve been injured in a workplace fall.
Navigating a workplace injury case can be complicated and confusing, but a workplace injury attorney can fight for you. When you choose Lapeze & Johns, you can trust our dedicated team to help you fight for the justice you deserve. Contact our office to start discussing your accident case today.