Getting hurt in an accident is worrisome enough, but if you were injured on the job, you may wonder what your next steps should be. When someone else is responsible, especially a third party, you should speak with a skilled personal injury attorney to understand your legal options in Texas.
A knowledgeable lawyer can evaluate your case, identify who is at fault, and explain how to file an insurance claim or personal injury lawsuit. This allows you to hold those who are at fault accountable for their negligence and receive compensation to pay for your injuries and suffering.
How Can I Use Insurance to Seek Financial Relief?
Although it is not always a first option, there are many instances where you can file a claim against the insurance coverage of a third party when they caused or contributed to your injury while at work. For example, suppose your employer hired a security company to patrol its construction worksite and keep it safe. If someone broke in and assaulted or robbed you in the employee parking lot, you could have a valid claim against the security provider.
Another example could involve a maintenance company that failed to perform inspections or repairs on a piece of machinery that exploded. If you were hurt by flames or flying parts, you could seek compensation through a claim filed with the company’s insurance.
Insurance companies are very reluctant to pay settlements and will often try to minimize or deny your claim. Negotiating with them successfully requires a thorough knowledge of the law and insurance policies, something you can rely on when you hire a reputable work injury lawyer.
Third-Party Lawsuits After a Work-Related Injury
When the insurance company does not meet your demands for a satisfactory settlement or their coverage is insufficient for your compensation needs, it’s time to take the at fault party to court. You can file a third-party lawsuit against the liable party directly.
For example, if an individual, such as a contractor or vendor, is responsible for hurting you, you could file a lawsuit against them and against their employer. Your Texas work injury attorney will investigate your accident to determine all liable parties so you can seek financial relief from all available sources.
While you are recovering from your injuries, your attorney will manage the details of your case. This includes collecting evidence, building a case, and estimating your damages. You can focus on getting better instead of worrying over how to handle all the paperwork and deadlines.
Act Quickly to Meet the Statute of Limitations
When you are considering a lawsuit, you must take action as soon as possible. It takes time to build a case, and your attorney will need weeks or even months to secure all the relevant evidence and materials. If you wait too long, you could risk losing your chance to seek compensation through the courts.
The statute of limitations under Texas Civil Practice and Remedies Code, Section 16.003, allows only two years from the date of your accident to file a lawsuit. If you hire a lawyer too close to this time or fail to act, you could be left paying bills with no chance of help.
How a Work Injury Lawyer Helps Your Claim
There are a lot of hurdles to understanding how insurance claims work. Lawsuits can be even more confusing, with jargon and court protocols that are difficult for the average person to grasp. These can be overwhelming on a good day and are much more challenging when you are suffering from your injuries.
Instead, you can turn all of these concerns over to someone who has experience, training, and knowledge of how to navigate these issues. In addition to putting our legal skills to work for you, our work injury lawyers will offer important services, such as:
- Assessing your claim and evaluating its validity
- Completing paperwork accurately and filing it on time
- Collecting all relevant evidence to support your case
- Connecting you with medical experts for a thorough diagnosis
- Gathering your medical records and receipts
- Calculating the damages you are owed
- Negotiating with insurance companies
- Managing your appeal if your claim is denied
- Preparing your case for court, if needed
Your attorney can also work with you to get the assistance you need to support yourself and your family until you are well enough to work again and your case is finalized.
What to Do After an Injury on the Job
When you have been hurt or gotten sick at work from someone else’s actions, you must first seek medical care. This could be as simple as visiting a company nurse on site, or you may need to see a doctor. In extreme cases, you could require emergency transport to a hospital. Regardless, even if you think you are fine, you should get a medical evaluation within 24 hours.
Seeing a doctor allows you to get a diagnosis and treatment. It also establishes a direct link between your injuries and the situation in which you were hurt. This is critical for your insurance claim or lawsuit’s strength. The more medical records you have tying your condition to the liable party’s actions, the better your chances of receiving compensation for your damages.
Once you have gotten care, you should notify your employer. Many companies require their workers to fill out an incident form describing what happened and who was involved. This can be used as evidence for your claim. After that, contact a work injury lawyer to determine what to do next. Avoid discussing your claim with anyone besides your attorney to protect your rights and the validity of your case.
Keep a Journal to Help Calculate Your Pain and Suffering
Your work injury claim can seek economic damages, such as medical bills and lost income, as well as non-economic damages, which account for your pain and suffering. Keeping a pain journal where you record how you’re feeling when you’re getting better or having a relapse and if you develop additional problems can be extremely helpful to your attorney.
Compensation should cover more than simply the financial costs of getting hurt. You deserve to receive payment for the mental anguish, loss of freedom, restriction, anxiety, depression, and any other subjective way you suffer after the negligence of another party or parties.
Protect Your Rights After a Texas Work Injury with J.D. Silva & Associates PLLC
You have a right to seek medical help after a work injury. You also have the right to hire an attorney to assist you with insurance claims and third-party lawsuits if your circumstances support those options. You may think you don’t have a chance against a big company and its lawyers, but at J.D. Silva & Associates PLLC, we are ready to fight for you.
We have experience in a wide range of work-related injury cases and offer services in English, Spanish, and Vietnamese. Whether you’ve experienced a common workplace accident or are dealing with unique and complicated situation, we want to be there for you. Our legal team is committed to ensuring you receive the fierce yet compassionate legal representation you deserve against those who have harmed you through their carelessness or inaction. We believe in protecting the rights of individuals against large corporations and insurance companies.
We offer free initial consultations and work on a contingency fee basis. This means you pay us nothing upfront and only pay attorney’s fees when we secure an insurance settlement or jury verdict for you. Do not wait any longer if you have been hurt on the job. Contact us to schedule your free case review with a skilled work injury lawyer from J.D. Silva & Associates today.