Here are the challenges you'll face in a Texas non-subscriber work injury case:
No case is ever simple and all cases have their fair share of curveballs. This is why it's so important to have an attorney who knows how to deal with the challenges your case will encounter, and why it's important for you to know what to expect.
Our firm has represented numerous clients who have suffered occupational accidents that resulted in catastrophic injuries. Though the facts and circumstances of each case are wholly distinct, they have all presented common obstacles that were overcome due to our unique combination of knowledge and skill. Specifically these obstacles are manifested in the form of proving your employer's liability, showcasing the extent of your injuries, obtaining adequate medical treatment and defeating your employer's defenses.
In this article, we'll discuss common obstacles encountered in non-subscriber work injury cases.
Questions Answered on This Page:
- How can I prove my employer is responsible for my injuries?
- How do I prove the extent of my injuries?
- What are obstacles I can expect in my Texas work injury case?
Obstacle 1: You have to Prove That Your Employer is Liable for Your Injuries
Unfortunately, in a non-subscriber case, Texas' work injury laws don't automatically hold an employer liable simply because their employee was injured on the job. In order to recover compensation for their injuries, employees injured on the job while working for non-subscriber employers must prove that their employer acted negligently in some fashion, and those actions were the proximate cause of their injuries.
As such, proving the employer's negligence is the the first obstacle your attorney will encounter in your case. Whereas it may seem readily apparent to you that your employer is at fault, it's important not to lose sight of the fact that your employer will have an opportunity to defend themselves against your lawsuit. So, second you'll spend telling the jury why you feel the employer is at fault, the employer will be given as much time to convince them that the opposite is true.
This is why it's incredibly important for your attorney to gather the evidence necessary to prove your employer's liability by conducting an initial investigation and through a process known as "discovery." Through the discovery process, we'll leverage the authority of the court to request documents, obtain deposition testimony, and consult with our extensive network of workplace regulations experts to prove that your employer's negligent actions or inaction caused your injuries.
In summary, knowing that your employer is at fault is not how you win your case. You win by proving it. And in order to meet this first challenge, you'll need the right lawyer and the right evidence.
Obstacle 2: You Must Prove How Much Your Injuries are Worth
Injuries are always somewhat open to interpretation. In the minds of some jurors the loss of an eye or severe hearing damage is a life-changing event, whereas for others it's a minor setback. Further, a hospital in Dallas, TX may charge twice as much for a surgical procedure as an equivalent doctor would in Midland, TX. Likewise, an oilfield worker in Midland will probably earn substantially more than a factory worker in Houston. As such, no two injury cases are ever the same, and this allows a great deal of interpretation as to the value of a work injury case.
Capitalizing on this fact, employers responsible for causing catastrophic work accidents will almost always attempt to reduce their liability by attempting to persuade a court that their employee's injuries aren't as extensive as they truly are.
In some instances, such as where an employee has suffered the loss of a limb, virtually anyone can agree that the employee is entitled to some compensation, but how much is enough? To calculate this figure, our attorneys will not only calculate the pain and suffering the employee has endured by losing the limb, but also everything else that they've suffered and will suffer in the future as a result.
For example, someone whose dominant hand was lost in a work injury will likely need to be trained to write, eat, and perform other day-to-day functions with their remaining hand, and such training costs must be factored into the equation of fair compensation. When representing our injured clients, our attorneys are sure to consider the entire scope of our their injuries, and often utilize the assistance offered by renowned experts in the fields of economics and medicine when proving the full extent of their injuries and the economic impact therein.
You might find the following example illustrative of the inherent complexities that our attorneys routinely overcome when proving the value of our client's injuries in a catastrophic work injury case. Our attorneys successfully obtained compensation for a client that suffered brain injuries after he was injured in a truck accident but didn't display an outward manifestation of his injuries. Specifically, our client suffered delayed reaction time and lost the ability to taste and smell. Although these injuries were difficult to quantify, our attorneys leveraged their extensive network of experts, including neuropsychologists and neuroradiologists, to calculate and illustrate the full extent of those injuries. Without the expert opinions rendered by these highly qualified and highly credible witnesses, a jury may have found it difficult to determine whether or not our client was indeed injured or to what extent he was injured. But by going through such great lengths to prove our client's injuries and their full extent, the result was far greater than if we had simply hoped for the best and let the jury render a decision without any evidence.
Obstacle 3: You Must Obtain the Medical Attention Needed to Treat Your Injuries
Our attorneys are committed to ensuring our clients receive the medical treatment they need: for both now and in the future. To fulfill our goal, we'll work with our extensive network of doctors to get you immediate medical treatment, even if you can't afford to pay for your injuries out of pocket or don't have health insurance. Moreover, our attorneys always represent our clients in settlement negotiations or in court with an eye on the future, and will use the assistance of expert economists in projecting the cost of your future medical needs.
While getting medical attention may not seem like much of a challenge, for many *if not most) injured workers whose employers are non-subscribers to a Texas workers' comp plan, the reality is that the employer rarely ever wants to foot the bill. Non-subscribers are under no legal obligation to cover medical costs of their injured workers (unless you sue them and win), so many employers will simply fire the injured worker hoping they can avoid paying for the worker's medical attention. We're here to help injured workers not only win their case, but also get the medical attention they need.
Obstacle 4: They're Going to Lawyer Up and Fight Back
It's important that you know that your employer will likely fight tooth and nail to avoid liability for the catastrophic injuries you've suffered as a result of a workplace accident, as hundreds of thousands or millions of dollars may be at stake. Because of this, employers often pay handsomely to hire legal defense teams to fend off lawsuits filed by injured workers.
A common tactic utilized by these defense teams is to drag your case out and stall with the ultimate goal of forcing you to accept a reduced settlement. In other words, the defense isn't trying to win it's case against you but is rather content to wait you out, hoping that you'll bend to the financial pressures presented by a dire situation.
Naturally, our attorneys can help be keeping the case moving forward. If we can prove they are unfairly delaying the case, we can move to have the judge impose sanctions on their attorneys. Further, if the case is just one that will take a long while (stall tactics or otherwise), we can help you get temporary compensation in the mean time so that you can stay afloat financially while your case is ongoing.
Texas Non-Subscriber Work Injury Attorney Michael Grossman is Here to Help
Our aggressive workplace accident attorneys know how to defeat the obstacles you'll face when recovering compensation for the catastrophic injuries you've suffered in a workplace accident, and are committed to fighting tirelessly on your behalf so that your employer is held responsible for the injuries they've caused you. If you've been injured on the job, the non-subscriber attorneys at Grossman Law Offices invite you to give them a call any time, day or night, for a free consultation regarding how they can help you recover compensation for your workplace injuries at (855)326-0000.
Other articles about non-subscriber work injuries that may be helpful:
- How Long Do I Have to File a Non-Subscriber Work Injury Lawsuit?
- Be Careful What You Sign: A Waiver Can Terminate Your Rights to Sue
- What Rights Do Injured Workers Have in Texas?