Dallas Work Injury Attorney

Dallas Work Injury Attorney Michael Grossman On Your Next Steps After Getting Injured While on the Job

Dallas work-related accidents happen far too often, and there can be any number of ways in which on-the-job accidents can occur.

From slips, trips, and falls while at a job site, to heavy-lifting injuries that can do serious damage to your back, to the more severe types of physical injuries that can occur at hazardous workplaces like construction sites, suffering an injury while at work can be excruciating and can affect more than just your body. When such an injury occurs, you’ve likely also incurred some type of damages, or financial losses, such as medical bills or lost wages due to your inability to work. In many instances of on-the-job injuries, you’re likely entitled to being compensated for that financial loss. However, seeking such compensation can sometimes prove to be a challenging task, especially if you’re unfamiliar with the laws surrounding your claim, or if you’ve never had to pursue such compensation before. That’s when the knowledgeable help of an experienced Dallas work injury attorney like Michael Grossman can be of great benefit to you in seeking compensation for on the job accidents.

When you’ve been injured while at work, it’s important that you’re able to take care of yourself and seek proper medical attention so that you can recover from your injury. However, it’s often just as important that you seek the right type of legal help in order to ensure that your rights are being looked after in regards to your work injury claim or personal injury lawsuit. Texas work injury law can be quite complex, but Fort Worth workers comp lawyer Michael Grossman has 20 years of experience in such law, and has helped many people get back on their feet, and, where possible, back to work. In the following paragraphs, you’ll learn more about your rights if you’ve been injured while at work, as well as your possible legal options to seek compensation, depending on the specifics of your accident and whether or not your employer is covered by workers compensation insurance.

If Your Employer is Covered By Workers Compensation Insurance...

Unlike most states in America, Texas does not require its companies to subscribe to workers compensation insurance. However, there are many benefits for a company to subscribe to workers comp, so a majority of employers in Texas will be subscribers, i.e. they will have insurance coverage through a workers compensation policy. The main benefit that a subscribing employer receives is that they cannot be sued by an employee or a bereaved family of a deceased employee in the event of an on-the-job accident resulting in injury or death, with the exception of a death caused by the employer’s gross negligence. This means that an injured employee of a subscribing employer can only seek compensation for their injury through the workers’ compensation policy.

Unfortunately, Texas workers’ comp law is favorable toward the employer, and not necessarily toward the employee. The Workers’ Compensation Act of 1993 limits the amount of money an injured victim or a bereaved family can stand to receive. For example, lost wages are only reimbursed at up to 70% of the wages lost while a victim was unable to work while recuperating from their injury. Furthermore, there is a maximum payout of $600 per week available for lost wages. This rather low accounting of lost wages can prove especially detrimental if an employee has suffered a debilitating injury that prevents them from ever going back to work, possibly meaning that they would stand to receive this scant sum per week for the rest of their lives. While compensation through a workers comp policy will take into account the costs of medical treatment, over-the-counter and prescription drugs, medical supplies, and travel costs related to seeking medical attention, such compensation will not take into account compensation for your pain and suffering.

Additionally, seeking compensation for on the job accidents through a workers comp claim is often a time-consuming, laborious, and bureaucratic process filled with heaping mounds of paperwork, deadlines, and insurance adjusters that may attempt to deny your claim based on rather flimsy evidence. Since an insurance company is behind the workers comp policy, they likely do not want to be stuck with the bill for your injury or loss, and will work to have the claim denied or diminished. In some instances, this can even involve a claim being contested in a special workers compensation court case. If you’re unable to prove your damages, i.e. justify the amount sought based on your injury and other financial losses, then you’ll likely wind up with little to no compensation. Forth Worth workers comp lawyer Michael Grossman can help you in such instances, working to prove your damages so that you’re fairly compensated through a workers comp claim.

Exceptions and Options in Seeking Compensation Through a Workers Comp Claim

While it may appear that there are some limiting factors in regards to the amount of compensation that can be sought through a workers comp claim in Texas, there may be other possible legal avenues that can be sought in order to make up the shortfall that may occur between the amount of compensation awarded through a workers comp claim and the actual amount of compensation that will cover the financial losses you’ve incurred.

For instance, the one exception to Texas workers comp law may be applicable, depending on the specifics of the accident. This exception, when an employee dies due to the gross negligence of their employer, allows a bereaved family to sue the employer, regardless of their workers’ comp status. This is done through a wrongful death lawsuit, and the damages previously listed can be sought, in addition to damages for pain and suffering, and additional damages, known as survival damages, that can be sought on behalf of the lost loved one. However, proving gross negligence requires a high standard of proof, so having an accomplished Dallas wrongful death lawyer like Michael Grossman on your side can prove beneficial to your case.

Furthermore, on-the-job accidents often occur due to a number of causes or the involvement of multiple liable parties. In these instances, other liable parties, like a co-worker, an outside entity, or the manufacturer of a faulty safety device, can all be held partially liable for the accident through a personal injury or wrongful death lawsuit. In other words, though you may not be able sue the negligent employer, you can litigate against another negligent party that may have contributed to your accident. When Grossman Law Offices is contacted to help an injured victim who was hurt while at work, we will investigate the accident scene when necessary in order to identify all liable parties and assess their role in the accident. If multiple liable parties were responsible for your accident, we will seek appropriate legal action against each party so that you can stand to be fairly and fully compensated from each negligent party responsible for your injury or loss.

If Your Employer is Not Covered By Workers Compensation Insurance...

When an employer choose to not buy into a workers compensation plan, they are known as non-subscribers. Texas workers’ comp law was written in such a way that non-subscribers bear a hefty burden when an accident occurs. For instance, injured employees or bereaved family members of an employee can sue the company for their negligence, regardless of the type of negligence displayed. Additionally, there are no limits on the amount of compensation that an aggrieved party can seek, as long as the amount sought is justifiable in regards to their sustained financial loss. In pursuing a personal injury lawsuit or a wrongful death lawsuit against a non-subscriber, the aggrieved party does not have to wade through the red tape often associated with a workers comp claim.

However, seeking such legal action against a negligent non-subscriber can be challenging without proper legal help to guide you through the process. These types of cases will most likely be contested, and the insurance adjusters (since there will likely be some type of insurance policy at play) and defense attorneys sent to work the claim will aggressively defend their assets. Furthermore, these cases demand proof, and not speculation, which often means that an exhaustive investigation must be made into the accident scene so that a robust case can be built on your behalf based on the evidence and testimony gathered at the work injury accident site. With 20 years of experience in personal injury and wrongful death cases, Dallas work injury attorney Michael Grossman can assist you in seeking compensation from a non-subscriber for your injury or loss.

Insurance adjusters sent to work these types of claims will often have years of prior experience in denying similar claims. If they cannot find a way to have the claim denied, they will seek ways in which to have the compensation package severely decreased. By employing various tactics that attempt to shift blame from their client and onto the victim, or any other possible party that was involved in the accident, these insurance adjusters can prove to be crafty in their maneuvers to exonerate their client from any or all of the blame for an on-the-job accident. Ensure that you have similar experience on your side by enlisting the help of the Dallas work injury law firm of Grossman Law Offices.

Defense attorneys that defend non-subscribers have one defensive measure that they can employ in these types of cases known as the sole proximate cause defense. If an employer’s legal representation can prove that an injured or killed employee was wholly responsible for their own accident, then the employer can be released from any liability for the accident. This can often involve an almost witch-hunt like inquest that questions the competency of an employee to do their job correctly. This can be especially difficult for the family that may have lost a loved one due to a fatal on-the-job accident, since their loved one is not available to defend themselves. In these difficult circumstances, it’s vital that relevant evidence and key witness testimony has been obtained so that a case can be built that will speak on behalf of the lost loved one. With our past experience in wrongful death cases and litigating against non-subscribers, we’re well-prepared to help you seek fair compensation against a negligent employer.

If Your Employer Pretends to be Covered by Workers Compensation Insurance...

Now that you’re aware of the major differences between employers that are subscribers or non-subscribers, it may be readily apparent why some companies may act as if they’re covered by workers’ compensation insurance when they’re actually not. Such companies act as if they’re subscribers in order to prevent lawsuits from being brought against them. In some instances, even managers or supervisors may be unsure of the company’s workers comp status, or they may knowingly plead ignorance in regards to their status in order to prevent a possible lawsuit from being brought against their company. In other instances, a company official may lie about their status and even compensate you out of their own pockets, insisting that it’s actually coming from an insurer, in order to make you assume that the employer is immune to a lawsuit. However, such compensation is often much less than what could be obtained through a proper lawsuit.

Unfortunately, discovering if your employer is covered by workers’ compensation insurance is not a simple or straightforward process, and can often not be fully discovered by the injured individual or a bereaved family since the company in question has quite a vested interest in the answer they give to an aggrieved party in regards to their own workers comp status. As a result, contacting an experienced Dallas workers comp attorney like Michael Grossman can help you discover the truth as to whether or not an employer is actually covered by a workers’ compensation insurance policy. Once that question is known, an aggrieved party can then know what their next steps are in order to seek compensation for their injury or loss.

If You’re Called a Contractor...

An additional challenge in seeking compensation for on the job accident can arise when a worker is a contractor, a volunteer, or a temporary employee. Contractors are responsible for their own safety while on a job site, which means that if they’re working for an employer and suffer an injury or die while at work, the employer will not be held liable for the accident. Unfortunately, this is one of the reasons why employers at hazardous work sites, like construction employers, often employ contractors. However, if you’re a contractor and have been injured while on the job, it’s possible that a liable employer can still be held accountable for their negligence if an employer/employee relationship can be established, regardless of the terminology used by an employer for their worker. For example, if any of the following instances are true, then such a relationship can likely be proven to have existed:

• The employer withheld social security or taxes from the workers’ paycheck
• The worker signed a document, like an employee handbook, that limited their rights
• The employer set the worker’s schedule
• The employer provided tools or materials for the worker
• The employer directed, supervised, or inspected the worker’s work as it was ongoing
• The worker was hired for an indefinite span of time, instead of hired for a specific task
• The worker was paid per hour and not per job completed

Dallas work injury attorney Michael Grossman has helped many injured workers and bereaved families seek compensation against negligent employers, even when the workers were called contractors, by working to prove their status as an employee so that a negligent, liable party can be held accountable.

If OSHA Investigates the On-the-Job Accident...

Depending on the severity of the accident, the Occupational Safety and Health Administration may investigate the accident. While OSHA serves a beneficial purpose in regards to general workplace safety, OSHA is not concerned with the rights of the injured victim or the bereaved family. OSHA reports can sometimes take many weeks, to even months, and are often too general in nature to be of effective use in a work injury accident case. While some people may assume that OSHA’s involvement means that their case has more merit, this is often not the case. It’s often only through a full, independent investigation that all liable parties can be identified and held accountable for their negligence resulting in your injury or loss. Grossman Law Offices has 20 years of experience in investigating accident scenes and will work to help you seek full compensation from all liable parties.

If You’ve Been Injured While On-the-Job, Seek Medical Help, then Contact Grossman Law Offices

If you’ve suffered a work-related injury, your first step should be to seek medical attention if you have not already done so. If financial pressures are preventing you from seeking such help, contact our offices at 1-855-326-0000 (toll free). We may be able to assist you in seeking medical help that may cost you nothing. We are also in contact with a network of medical professionals that will take care of you and will take your financial means into consideration. Furthermore, the medical bills you’ve incurred or will incur, as well as your lost wages due to time off from work, may be able to be compensated for through your personal injury case. Additionally, an injured person has a duty to mitigate damages, meaning that they must seek medical attention within a reasonable amount of time before the sustained injuries worsen. If an injury deteriorates too far, the victim may not be able to seek compensation from the liable party.

It’s important that you do not sign away your rights in exchange for a quick settlement from an insurer or your employer. While such compensation may be alluring in the immediate aftermath of an accident, such a settlement is often quite low in comparison to what could be obtained through proper legal action. Additionally, such a settlement may be offered before the full extent of your damages is known, meaning that you could be woefully under-compensated for the injuries you’ve actually sustained. When such a settlement has been agreed to in writing, there is little that an attorney can do to help you seek further compensation from that liable party. Contact the Dallas work injury law firm Grossman Law Offices to help you look over such documents in order to make sure that you’re not being taken advantage of by an insurer that likely just wants to make quick, cheap work of your claim.

Additionally, it’s vital to the possible successful outcome of your case that you contact Grossman Law Offices as soon as possible after you’ve suffered a Dallas on-the-job accident or if you’ve lost a loved one due to a fatal work injury accident. In doing so, you can ensure that we’re allowed to begin investigating an accident site as soon as possible while a majority of the evidence can be gathered or witness testimony obtained. Such evidence goes missing with time, or can even be manipulated or deleted by those that would rather not be held accountable for their negligence. With two decades of investigative experience, Grossman Law Offices is prepared to comb an accident site so that all liable parties can be identified and held accountable. Contact Dallas work injury attorney Michael Grossman and his team at Grossman Law Offices at 1-855-326-0000 (toll free) for a free legal consultation to learn about your possible legal options so that you can stand to receive full and fair compensation for your injury or loss.