Dallas Workers Comp Attorney

Work Injury Lawyer Michael Grossman Explains Workers Comp in a Workplace Accident

If you or someone you love has been hurt in an on the job accident, you probably have many questions: how did this accident happen? Can I seek compensation through a work injury lawsuit? Does my employer have workers' compensation insurance, and how does that affect my case?

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The truth is that work injury cases are some of the most technical and complex lawsuits in the legal world, largely due to workers' compensation. Workers who have been hurt on the job (and a number of inexperienced law firms) have many misconceptions about how workers' compensation works, and so they get taken advantage of by unscrupulous employers who are trying to avoid compensating their employees.

However, Dallas workers comp attorney Michael Grossman from Grossman Law Offices is here to help you understand how work injury lawsuits work and what workers' compensation really is. He has years of experience with these types of cases, and he can help you understand what options you have available and how you can seek compensation. The legal professionals at Grossman Law Offices are dedicated to helping you secure the compensation you need and the justice you deserve from your employer.

What is Workers' Compensation Insurance?

This is possibly the most important question to an injured worker. Unfortunately, very few workers actually know the answer. An employer falls under one of two broad categories: a subscriber or a non-subscriber. A subscriber is an employer who subscribes to workers' compensation insurance, while a non-subscriber is an employer who does not. Whether your employer is a subscriber or a non-subscriber will largely determine how your case must be handled and what sort of compensation you may be eligible to receive. However, answering this question is not as simple as asking your employer whether or not he or she subscribes. Employers often attempt to deceive their workers, pretending to have workers' compensation insurance when they do not. In other cases, an employer might rush out and subscribe to workers' compensation insurance as soon as an employee is injured. Workers' compensation insurance makes an employer immune to lawsuits, so it is important to determine whether or not your employer is a subscriber. Our legal professionals can thoroughly investigate your employer's situation and determine once and for all whether he or she subscribes and what options are available to you.

While it is true that workers' compensation is technically insurance, it is not at all like a standard insurance policy. Workers' compensation is one part of a massive tort reform designed to protect employers from legal liability. Workers' compensation claims are paid for by a state-regulated fund (made up of our tax dollars) that is administered by private insurance carriers. The entire system is a bureaucratic nightmare, surrounding by red tape and full of technicalities. Coverage is expensive, but when an employer subscribes to it, that employer is immune to almost all work accident lawsuits. Do not make the mistake of assuming that workers' compensation insurance is just another kind of coverage.

Workers' compensation provides employers who subscribe with two distinct advantages: it provides money to compensation an injured employee, and it makes the employer immune to almost all lawsuits filed by injured workers. The one exception is a work accident that results in death in which the employer is found to be grossly negligent. Contrary to popular belief, there is no such thing as a workers' compensation lawsuit. A worker injured while employed by a subscriber cannot file a lawsuit. However, remember that your employer might claim to have workers' compensation insurance when he or she does not, so you should always rely on an experienced Dallas workers comp lawyer to investigate your case.

Furthermore, there are often third parties that can be held liable in a work accident case, so even if you cannot file a lawsuit against your employer, an experienced attorney can help you build additional claims that ensure that you receive fair compensation. Liable third parties are particularly common in construction accident cases. The property owner, a product or equipment manufacturer, or another worker might be partially liable for your injuries, so you would have the option of bringing claims against these parties in addition to the compensation you receive from workers' compensation insurance.

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How Much Money will I Receive from Workers' Compensation Insurance if my Employer Subscribes?

If your employer subscribes to workers' compensation insurance, the amount of compensation you can receive is unfortunately very limited. You will receive 70% of your lost income from time spent recovering from your injury. However, these payments are capped at $600 per week. You will also receive compensation for any medical expenses, as well as a potential lump sum payment at the end of the process, though this lump sum payment is typically very small. The truth is that workers' compensation payments are simply inadequate to cover the true cost of most injuries. As an example, let us say that you are a plumber who earns approximately $70,000 per year. If you are injured on the job and your employer has workers' compensation insurance, you will only receive $600 per week for your lost wages, despite making approximately $1400 prior to your accident. If you are severely injured and can never return to work due to long-term disability, you will receive $600 per week for the rest of your life – and little else.

Unfortunately, these payments are not up for negotiation. If you are to receive the compensation you need to cover the true costs of your injuries, you are going to need to file additional claims against third parties. Our lawyers can help you identify these potential defendants and build strong claims against them. We are dedicated to making sure that you can get back on your feet, whether your employer has workers' compensation insurance or not.

You must also keep in mind, as I have mentioned previously, that your employer may pretend to have workers' compensation when he or she does not. I have seen numerous cases where non-subscriber employers would say they have insurance and then even go so far as to pay injured employees the $600 per week so as to further the illusion that they are immune to lawsuits. Unfortunately, injured employees often fall for these tricks and do not receive the compensation they deserve. They might research "workers compensation lawsuits," only to find that such a lawsuit does not exist. They then resign themselves to their meager payments, never realizing that they could have a non-subscriber case on their hands worth hundreds of thousands of dollars. Let our experienced attorneys make sure that you are receiving all the compensation to which you are entitled.

How Does a Non-Subscriber Lawsuit Work?

Dallas workers comp attorney Michael Grossman can conduct a thorough investigation of your employer and determine whether he or she subscribes to workers' compensation insurance or not. If not, you will likely be able to file a work injury claim and seek compensation from many different types of damages. Typical damages for which you may seek compensation include:

• Past and future medical expenses
• Any property damage
• Lost wages from time spent recovering from your injuries
• Lost earning capacity caused by long-term disability
• Physical pain and suffering
• Mental or emotional turmoil

Unlike workers' compensation payments, there is no limit on the amount of money you can receive from a successful work injury lawsuit against a non-subscriber.

However, you will be facing fierce legal opposition if you file a work injury claim. Workers' compensation insurance provides a lot of protection to subscribers, but it also penalizes non-subscribers. Non-subscribers have only one effective legal defense against a work injury claim: they will attempt to prove that your actions were the sole cause of your injuries.

Employers often mistakenly believe that this is easy. As an example, let us say that you were hurt on the job in a lifting injury. Chances are, you were working alone, so your employer might think that it will not be a problem to convince a jury that you were the cause of your injuries. However, our experienced work injury lawyers can argue against these claims. We can link numerous forms of employer negligence back to your injuries. For instance, your employer is responsible for providing you proper training on heavy lifting, necessary safety equipment, machinery to lift heavy objects, or other workers to help you. If your employer did not take these steps, he or she may be held liable for your injuries. Our legal professionals can quickly and effectively investigate complex accidents like these and determine who is liable and why. In other words, we can make sure that your work injury claim is well-supported and that you receive fair compensation.

Can Contract Laborers File Work Injury Claims?

Texas work injury law states that only general employees and not contractors may file work injury claims. Because of this, many employers, particularly in dangerous fields such as construction or industrial work, believe that, if they hire entirely contractors, they will be immune from lawsuits. They think that, so long as their workers sign a document that says "I am a contractor," that they are safe from lawsuits.

However, from a legal standpoint, whether you are a contractor or an employee is determined by your actual working relationship with your employer – not by a contract you may have signed. Our attorneys can effectively argue that you had an employer-employee relationship with your employer by turning to case law and previous rulings in similar cases. Many different conditions can establish an employer-employee relationship, even in the absence of any contract establishing one.

How Can I Prove an Employer-Employee Relationship?

If you have signed a contract that states that you are an employee of the company, then it is very easy to prove that you are afforded the work injury benefits that the law says an employer owes an employee. However, if the employer alleges that you are a contract worker and not an employee, then they owe you no work injury benefits. Therefore, in order to pursue a claim for work injury benefits, you have to prove that although the employer is referring to you as a contract worker, the nature of your relationship with your employer is more akin to an employer-employee relationship than a contract relationship. In short, your conduct and your working relationship with your employer can serve to establish the employer-employee relationship, regardless of your classification as a contractor. In the most straightforward cases, a worker is considered to be an employee if he or she is performing services particular to the employer's business. For example, if you are standing behind the counter at Burger King, wearing a Burger King hat, serving Burger King customers, then you are a Burger King employee. No contract can change that.

However, many cases are not so straightforward, and so our attorneys will turn to numerous other conditions that can establish an employer-employee relationship. Non-borrowed general workers are considered general employees based on the following conditions:

• The worker does his or her work independently: if an electrician performs his or her services for many different clients, he or she is probably a contractor. On the other hand, if the electrician works for a local phone company and only that phone company, then he or she is an employee.
• The worker brings his or her own tools to the jobsite: if the worker supplies his or her own tools, he or she is likely a contractor, but if the worker's tools are provided by the employer, then the worker is an employee.
• The employer only examines the product once it is finished: if an employer examines the product at various stages of completion, the worker is probably an employee. However, if the worker only examines the product upon completion, the worker is probably a contractor.
• The employer determines how long the working relationship continues to exist: if the employer determines the length of employment, then the worker is an employer. If the worker is allowed to determine how much time to spend on a particular project, then the worker is probably a contractor.
• The worker is paid based on the completion of a particular project: if the worker is paid by hour or yearly, the worker is an employee. On the other hand, if the worker is paid upon completion of a specific project, then the worker is probably a contractor.

In some cases, employers will borrow workers from other agencies. These borrowed workers can be legally considered general employees under certain circumstances as well. These circumstances are similar to those previously listed for contractors, but there are some key differences.

• The borrowing employer can hire or fire the worker: if the borrowing employer can hire or fire the worker at any time without input from the lending agency, then the worker is likely considered an employee.
• The borrowing employer selected a specific worker: if the worker was selected specifically, the worker is an employee. If, on the other hand, the lending agency could have sent any worker, the worker is probably a contractor.
• The borrowed worker brings his or her own equipment and tools to the jobsite: if the employer provides the worker's tools, the worker is an employee. If the worker provides his or her own tools, he or she is probably a contractor.
• The lending agency is permitted to substitute the worker for another worker at any time: if the lending agency can exchange workers, then the worker is probably a contractor. If the lending agency cannot substitute workers, then the worker is an employee.
• The borrowing employer is borrowing the worker for an unspecific length of time: if the length of the working relationship is not pre-determined, then the borrowed worker is probably an employee. If the worker is employed for a specific amount of time, then the worker is probably a contractor.
• The borrowed worker was borrowed because of specific skills: if, for example, a boat manufacturer borrows a composite materials expert from a surfboard company, then that worker is a contractor. On the other hand, if almost anyone could fill the position for which the worker was borrowed, then the worker is probably an employee.
• Responsibility for social security and income tax: if the borrowing employer assumes responsibility for paying the workers' social security and income tax benefits, then the worker is an employee.

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Grossman Law Offices Can Help You

As you can surely see, work injury lawsuits are extremely complex. However, make sure you keep in mind these key points:

• Our attorneys can help you build a strong non-subscriber case.
• If your employer has workers' compensation insurance, we can help you bring claims against third parties to seek fair compensation.
• Your employer may be pretending to have workers' compensation insurance when he or she does not. We can determine if this is the case.
• Our lawyers can stand up to your employers defense attorneys.

If you are injured in a work-related accident, do not sign any documents ,talk to insurance adjusters, or accept any compensation before speaking to an experienced Dallas workers comp lawyer from Grossman Law Offices. For twenty years, the legal professionals from Grossman Law Offices have been investigating and resolving work injury cases. We can help you seek fair compensation, regardless of your situation. Contractor or employee, workers' comp coverage or not – we can help you. We know how to identify third parties and make sure that your lawsuit is comprehensive. We have seen employers try every trick in the book to hide their lack of workers' compensation coverage. We know how to keep employers from hiding their legal liability.

Additionally, we have gone up against every major insurance carrier and defense lawyer firm in the country, and we litigated high-profile cases against all of them. They are afraid of facing our attorneys in court, so they often offer our clients sizable settlements before the case even goes to trial. This means that we can get you the compensation you need quickly and without the hassle of going to court. So if you have been hurt on the job, do not let those responsible go unpunished. Our attorneys are dedicated to helping you hold the parties that caused your injuries accountable for their negligence. Contact Dallas workers comp attorney Michael Grossman from Grossman Law Offices today. Let us make sure you receive the compensation you need and the justice you deserve.

Can contractors file work injury claims?
How much compensation can I get in a work accident?
What will an attorney do for me?

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