Dallas Workmans Compensation Lawyers

Were You Injured While on the Job? We Can Answer Your Questions

Being hurt in a workplace accident can be an expensive and traumatizing experience, and many work accident victims wish to seek compensation through a lawsuit. However, they probably have a number of questions as well: how did this jobsite accident happen? Who is responsible? Can I file a work injury lawsuit? What is workers’ compensation, and how will it change my lawsuit?

Put simply, jobsite injury cases are some of the most complex, technical cases in the entire legal world, and without the help of a team of experienced workmans compensation lawyers, you will have almost no chance of success. Many workers (and a fair number of work injury law firms) do not understand how workers’ compensation and work injury cases in general work, and so these victims and inexperienced law firms get taken advantage of by unscrupulous employers who refuse to take responsibility for their workers’ injuries.

The experienced Dallas workmans compensation lawyers from Grossman Law Offices are here to help you understand what you are up against in a work injury case, and how we can help you overcome it. Workmans compensation lawyer Michael Grossman has years of experience with these types of cases, and a working knowledge of workers’ compensation issues. He can help you seek the compensation you deserve, no matter what type of situation you are in. Though work injury cases are complex, very few victims are without options. You just need an experienced team of legal professionals to help you identify and pursue those options.

What Exactly is Workers’ Compensation Insurance and Why Does it Make my Case so Complex?

Technically, workers’ compensation is a form of insurance. However, you should not make the mistake of assuming that it is exactly like a standard insurance policy. Workers’ compensation insurance is part of bureaucratic legislation designed to make employers effectively immune to lawsuits filed by their employees. If a worker is hurt on the job and that worker’s employer subscribes to workers’ compensation insurance, the injured worker cannot file a lawsuit against his or her employer. Note that this does not mean that the worker cannot seek compensation. The worker simply must consider other alternatives, such as third party claims.

Third party claims are common in construction sites. For instance, if a worker trips over some sort of debris and injuries himself, the contractor responsible for cleaning the job site might be a liable third party. Or if you are driving a company vehicle and you are in an auto accident, you might could file a third party claim against the other driver in the accident. Third party claims are not contingent on workers’ compensation payments or work injury lawsuits filed against your employer, meaning you can file a third party claim regardless of any other claims or lawsuits filed against any other party.

You should also note that subscribing to workers’ compensation insurance is voluntary. Employers who have the insurance are called subscribers, while employers who do not are called non-subscribers. Furthermore, many employers do not play by the rules when their workers are hurt. Our firm has seen many cases where an employer claimed to have workers’ compensation insurance, but our firm investigated the employer more fully and realized that he or she was lying in order to avoid liability. So even if your employer claims to have workers’ compensation insurance, you should let our Dallas workmans compensation lawyers investigate your case. Your employer might not be telling the truth. Even if he or she does have workers’ compensation insurance, we may be able to help you pursue a third party claim and secure the compensation you need.

What Sort of Payments Will I Receive if my Employer has Workers’ Compensation Insurance?

Workers’ compensation does have one benefit to employees: it is a no-fault insurance, which means that, if you are injured while working for an employer who subscribes to workers’ compensation insurance, you will receive payments in virtually all cases. It does not matter who was at fault. Unfortunately, the payments you receive will probably not be enough to cover the true cost of an injury. Workers’ compensation payments cover your medical bills, a potential lump sum payment at the end of your treatment (this payment is typically miniscule), and compensation for your lost wages. However, lost wage payments are capped at 70% of your income or $600 per week, whichever is lower. This means that, if you were a carpenter who previously made $70,000 per year, but you suffered a severe injury on the job and lost your hand, you probably would not ever be able to return to work. Therefore, you would receive compensation for the rest of your life from workers’ compensation payments. However, these payments would not exceed $600 per week, whereas you previously made $1400 per week.

Unfortunately, these payments cannot be negotiated. Despite popular parlance, there is no workers’ compensation lawsuit. This is why it is imperative that you let our experienced attorneys investigate your case, determine whether or not your employer truly subscribes to workers’ compensation insurance, and identify any liable third parties in your accident. We are dedicated to making sure you receive the compensation you deserve, even if your employer is protected from lawsuits.

How Does a Lawsuit Filed Against a Non-Subscriber Work?

Workers’ compensation protects employers who subscribe to it, but it also leaves vulnerable those employers who choose not to. If you are hurt while working for a non-subscriber, you can file a work injury lawsuit and seek compensation for all your damages, including:

• Medical bills, both past and future
• Property damage
• Lost income from time spent in the hospital
• Lost earning potential due to long-term disability or injury
• Physical pain and suffering
• Mental and emotional suffering caused by your injuries/disfigurement/disability/etc.

The amount of money you can receive from a successful work injury lawsuit is not limited like the payments provided by workers’ compensation insurance.

Unfortunately, you will likely be up against aggressive defense lawyers and insurance companies. If your employer does not subscribe to workers’ compensation insurance, then his or her only legal defense is to prove that you were 100% responsible for your injuries. This means that his or her lawyers will be working around the clock to build a case against you. Non-subscribers hire experienced defense lawyers who focus solely on protecting non-subscribers in work injury lawsuits. These lawyers have hundreds of cases under their belt, and you need an experienced and aggressive work injury attorney to fight back.

One way defense lawyers might claim that you are responsible for your injuries is by pointing out that you were working alone at the time of your accident. This is one of the most common defense techniques, and many injured workers do not know how to respond to it. For example, let us say that you suffered a severe back injury while lifting a heavy object at a warehouse. Your employer’s defense attorneys might argue that, since you were working all on your own, that you must be liable for your injuries. However, our attorneys know how to link your injuries back to various forms of employer negligence. For instance, did your employer provide you with another worker to help lift the objects? Did your employer train you on how to lift heavy objects? Did your employer provide you with safety equipment or machinery to assist in the heavy lifting? These are the types of questions that can link your injuries to employer negligence. Our attorneys can identify extremely obscure forms of liability to ensure that your employer takes responsibility for your injuries, no matter how many defense lawyers he throws at us.

I am a Contract Worker. Can I Still File a Work Injury Lawsuit?

Ostensibly, Texas law would seem to indicate that only general employees (i.e. not contractors) can file work injury lawsuits. This is not accurate. However, many employers see this as the perfect loophole. They choose not to subscribe to workers’ compensation insurance, and then they hire almost exclusively contractors, they make all their workers sign a contract that says, “I am a contractor,” and they think they have beaten the system.

But this is not the case, and our experienced workmans compensation attorneys can help you established an employer-employee relationship even if you signed on as a contractor. From a legal standpoint, your relationship with your employer is determined by a number of different aspects of your actual working relationship. These precedents override any contract you might have signed, and can allow you to take legal action against your employer.

Unfortunately for injured contractors, many work injury law firms are not familiar with this process. Our firm recently handled a case where a man was injured on the job, and seven different law firms told the man that he could not file a lawsuit because he was hired by a contracting company. However, our firm was able to identify and prove an employer-employee relationship. We were ultimately able to secure a seven figure settlement for this injured worker.

Proving an Employer-Employee Relationship

The most straightforward way to prove this relationship is to have a contract that establishes it. Another relatively straightforward case is if a worker is performing services that are particular to the employer’s business. For example, if you are at Starbucks, wearing a Starbucks shirt, serving people Starbucks coffee, then you are a Starbucks employee, regardless of any contracts (or lack thereof).

In less straightforward cases, our lawyers turn to a number of different factors that can prove that an employer-employee relationship exists. For non-borrowed workers, the following conditions ultimately determine your relationship with your employer:

• The worker performs his or her job independently: if an electrician works for a phone company, that electrician is an employee. If he or she workers for many different clients, he or she is a contractor.
• The worker provides his or her own tools and equipment: if the worker brings his or her own tools and equipment to the job site, he or she is a contractor. If the worker’s tools and equipment are provided by the employer, the worker is an employee.
• The worker’s employer does not inspect the worker’s product until it is complete: if the worker’s employer manages the project and inspects the work at various stages of completion, the worker is an employee. If the employer only examines the finished product, the worker is a contractor.
• The employer dictates how much time is spent on each project: if the employer determines how much time the worker must invest in a particular project, the worker is an employee. If the worker completes each project at his or her own pace, the worker is a contractor.
• The worker’s pay is based on completion of a project: if the worker is paid by the hour or on a yearly salary, the worker is an employee. If the worker is paid based on the completion of a project, the worker is a contractor.

When employers borrow workers from other agencies, the rules are similar, but there are some important differences. The rules governing borrowed workers include:

• The borrowing employer has the right to hire or fire: if the borrowing employer is allowed to hire or fire the worker at any time, regardless of the lending agencies decision, the worker is an employee.
• The borrowing employer was allowed to selected a specific worker: if the employer selected the worker specifically for any reason, the worker is an employee. If the lending agency sent whatever worker they wanted, the worker is a contractor.
• The borrowed worker provides his or her own tools: if the borrowed worker brings his or her own tools or equipment to the job site, the worker is a contractor. If the borrowing employer provides the tools, the worker is an employee.
• The lending agency may substitute one worker for another at any time: if the lending agency can exchange the borrowed worker for another without the employer’s approval, the worker is a contractor. If the lending agency does not have this right, the worker is an employee.
• The borrowed worker is borrowed for an unspecific length of time: if the borrowing employer is borrowing the worker for an undetermined amount of time, the worker is an employee. If the length of employment is pre-determined, the worker is a contractor.
• The borrowed worker has a specific skill set that the employer needs: if a boat manufacturer borrows a composite materials specialist from a surfboard manufacturer, the worker is a contractor. If the employer borrows a worker to do a job that virtually anyone could do, the worker is an employee.
• The borrowing employer assumes responsibility for the worker’s income tax and social security: if the borrowing employer is responsible for paying the worker’s income tax and social security, the worker is an employee. If the employer does not take responsibility for these expenses, the worker is a contractor.

Let Grossman Law Offices Help You Build a Strong Case

Work injury lawsuits are complex, as you can see. If this is too much to take in, remember these points:

• Our Dallas workmans comp lawyers can help you build a strong case against a non-subscriber
• We can investigate your employer and determine whether or not he or she truly has workers’ compensation insurance
• We can help you identify and take legal action against liable third parties so that you receive all the compensation you deserve
• We can help you establish an employer-employee relationship, even if you signed on as a contractor
• We can fight aggressively against defense attorneys

If you are hurt on the job, it is imperative that you do not talk to your employer, his or her insurance adjusters, or any defense lawyers. Do not sign anything and do not accept any payments. Let our experienced attorneys handle these negotiations to ensure that you do not inadvertently damage your case. Michael Grossman from Grossman Law Offices has been investigating, litigating, and resolving work injury claims for twenty years, and our firm has extensive experience with every type of work injury case you can imagine. No matter how complex your case is, our attorneys can help you seek the compensation you deserve from many different sources. We are dedicated to building a comprehensive work injury lawsuit that brings claims against every liable party, no matter how they try to hide or obscure their liability.

Furthermore, we have successfully brought cases against every major insurance carrier and defense attorney firm in the nation. When these people learn that we are representing a client, they often offer that client a sizable settlement because they know how successful our attorneys have been, and they do not want to face us in court. In other words, we can help you get back on your feet as quickly as possible. If you have been injured on the job, do not let those responsible for your suffering go unpunished. Contact the experienced Dallas workmans compensation lawyers from Grossman Law Offices today, and let our team of legal professionals ensure that you receive fair compensation and the justice you deserve.