Workplace Injury Attorneys in Corpus Christi & Dallas, Texas

There are approximately 2.3 workplace injuries per 100 full-time employees in Texas each year, according to the most recent statistics released by the Texas Department of Insurance (TDI). The incident number for those workers who miss days or need to be restricted or reassigned at work because of injury is 1.3 per 100 full-time employees.

What are your rights as an employee to recover medical expenses and lost income due to a workplace injury? Can you sue your employer or another responsible party?

If you’re located in Corpus Christi, Dallas, or Fort Worth, Texas, we stand ready to answer your questions and help you pursue the just compensation due you for your injury. Call us at The Torres Law Firm today for consultation.

Workplace Safety Laws

The Occupational Safety and Health Administration requires all employers to maintain safe and healthy workplaces. OSHA’s General Duty Clause covers the totality of the work environment, requiring all employers to provide a workplace "free from recognized hazards that are causing or are likely to cause death or serious physical harm."

In addition to this broad mandate, OSHA has also developed standards for specific industries. Oil refinery standards, for instance, were reviewed and reinforced following the 2005 explosion and fire at the BP refinery in Texas City, Texas, which resulted in 15 deaths and 170 injuries.

Texas is not a “state-plan” entity that operates its own safety and health organization following the standards of federal OSHA. Instead, the state falls directly under the authority of OSHA. However, for those businesses in the state that are insured under workers’ compensation (which is optional in Texas), they may be required to develop accident prevention plans (APPs) if their workplaces are considered high risk.

The state has also adopted hazard communication standards for public employers and farmworkers that are more strict than OSHA’s. The standards are administered by the Texas Department of State Health Services (DSHS).

The Jones Act, or the federal Merchant Marine Act of 1920, covers seamen who are injured on the job. The Jones Act is notable for providing a lower standard of proof in pursuing personal injury claims. An employer’s negligence can be only one of what may be several contributing factors, and the employer can still be held liable for damages.

This figures significantly into the Texas employment landscape because workers on floating oil rigs, jack-up rigs, or ships used for oil refinery purposes may be covered under the Jones Act. If the rig is permanently fixed to the ocean floor, however, those working on it are covered under the Longshoremen and Harbor Workers Compensation Act. An experienced personal injury attorney can help you determine if you qualify as a seaman under the Jones Act.

Common Workplace Injuries

According to the Bureau of Labor Statistics (BLS), the most frequently sustained workplace injuries are caused by:

• Overexertion and bodily reaction: 31% of all injuries in 2019, or 27 per every 10,000 full-time workers. Average lost time at work: 13 days

• Slips, trips, and falls: 27.5%, or 23.9 per every 10,000 workers. Average lost time at work: 13 days

• Contact with objects/equipment: 25.8%, or 22.4 per 10,000 workers. Average lost time at work: five days

Rounding out the list are transportation incidents, violence and other injuries by persons or animals, exposure to harmful substances or environments, non-classifiable, and fire & explosions. All of these account for 6% or less of all injuries.

Steps to Take Following an Injury

If your company is covered by workers’ compensation, you must report your injury to your supervisor or employer, who will alert the insurance company or state provider of the insurance. Workers’ compensation, which is optional in Texas, is designed to relieve both employer and employee of liability. It will typically cover medical expenses, lost wages due to days away from work, rehabilitation services, as well as disability and death benefits. Workers’ compensation also shields the employer from personal injury lawsuits in most situations.

According to the Texas Department of Workers Compensation (DWC), about 28% of employers in the state do not offer workers’ compensation insurance. These employers are called “non-subscribers.” Without coverage, they are vulnerable to personal injury lawsuits if their negligence is determined to be the cause of the accident. Note: some employers will apply to DWC to self-insure, so they will also be exempt from lawsuits if the request is granted.

You should document everything that happened and seek immediate medical evaluation and treatment. Retain copies of all medical expenses. If you’re filing your injury under workers’ compensation, certain rules may apply as to choosing a doctor or getting a second opinion, so be sure to check. Also, and perhaps most importantly, you should consult with a personal injury attorney immediately to discuss your rights.

Possible Claims Against a Third Party

If your injury at work resulted in any way from equipment that malfunctioned, had a built-in defect, or was not provided with proper safety and operating instructions, you may have grounds to file a third-party lawsuit against the manufacturer, designer, or supplier for your injury. Again, an experienced personal injury attorney can help assess this for you.

Construction site injuries are also often caused by being struck by a motorized vehicle or piece of equipment, in which case you may have a claim against the driver/operator.

If you qualify as a seaman under the Jones Act, you also have an additional avenue for seeking compensation for damages through legal action.