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Houston Workplace Injuries Attorney
Each year, millions of employees are injured at work, and unfortunately, many injuries are serious and even deadly. If job-related injuries such as burn injuries, head injuries, spinal cord injuries, or back injuries are the result of employer or co-worker negligence, employees are entitled to compensation to cover their damages. In the case of death, families of the victims are also entitled to compensation.
Compensation can be gained in two ways. Depending upon the circumstances of the injury, compensation is pursued through either the workers’ compensation system or through a personal injury claim.
Hiring an attorney who is well-versed in the subtleties of personal injury cases will increase your chances of a successful outcome. Should you decide to pursue a claim on your own, you can expect stiff resistance from your employer’s insurance company. With more than 15 years’ experience, Gomez Law Firm offers the expertise and compassion to pursue your claim and ensure you are justly compensated. Attorney Jorge L. Gomez is board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a certification that fewer than 1,700 attorneys in Texas possess.
What Constitutes an Unsafe Conditions Lawsuit?
Pursuing Third-Party Claims
In general, employees do not have the right to sue their employers if they have sustained an injury in the workplace where the employer has workers’ compensation. They can, however, pursue a workers’ compensation claim, which is known as the “exclusive remedy rule.” There are a few exceptions to this rule, notably in the case of an employee fatality where the employer is shown to have been grossly negligent. If the employer does not have workers’ compensation, the employee can make a claim directly against their employer.
When your injuries are covered by your employer’s workers’ compensation but were caused by a third party, another option available to pursue is a third-party claim. In most cases, third-party recoveries offer greater monetary benefit than the workers’ compensation system. In this type of lawsuit, a worker is entitled to recover damages for a number of areas, such as past and future medical expenses, loss of wages, and pain and suffering that result from the injury.
Workers’ compensation generally only covers expenses for medical treatment approved by the insurer, 70% of loss of wages, and in some cases, a cash award when injuries sustained result in permanent disabilities. Thus, it is always important to look for potential third-party claims to ensure the most comprehensive recovery.
If you have suffered a serious injury at work, do not only settle for workers’ compensation alone without exploring the potential for viable third-party claims. An experienced and knowledgeable attorney skilled in personal injury cases will give yourself the representation to explore full compensation.
Gomez Law Firm Can Help
Of the millions of workers injured each year, too many settle for the paltry sums offered by the workers’ compensation system and are left suffering financially, mentally, and physically. Rely on a personal injury attorney who is dedicated to your cause and will utilize all the resources at their disposal to explore every possible source of compensation for your injuries. The process is a complicated one and requires diligent examination of your case in order to prove third-party liability.
If you or someone you know has suffered an injury at work and needs expert legal advice and representation in order to begin fighting for fair compensation, Gomez Law Firm stands ready to help you pursue the monetary award you deserve. For a free consultation, contact Gomez Law Firm today at (713) 868 5528. The sooner you call, the sooner we can begin building your case to get you what you deserve