Work accidents commonly lead to injury, and even death. These on the job accidents can occur at any job. Many of us work in industrial environments, such as oil fields or metal fabrication shops. Any job that exposes us to heavy equipment, or equipment that uses large amounts of force or torque, exposes us to danger. On the job injuries many also happen in cars or other settings. Any of these can cause serious injury or death.
Questions to ask a Personal Injury Attorney about Work Accidents
There is something really important to understand about worker related injuries.
Worker’s Compensation insurance has the effect of limiting the rights of the worker. If the employer has worker’s compensation insurance, then the injured worker cannot get any recovery for their injury from the employer, or any other insurance that covers the employer. This is true because worker’s compensation acts as a complete shield against any cause of action against the employer. There are exceptions to this rule, but they are very hard to use.
If there is no workers compensation insurance, however, the law is very hard on the employer. The law in Texas says that if there is no worker’s compensation insurance, then even if the employer is only 1% at fault, then the employer has to pay 100% of the damages. The Texas Department of Insurance keeps track of employers that have workers compensation. If you have a question about whether an employer has workers compensation insurance, please call and we can help you.
Even if an employer has workers compensation, you can still receive money for you injuries in many cases. The personal injury attorneys at Tate Rehmet Law Office will review the incident with you to see if there are other people who are responsible for the injury.
You are injured while riding as a passenger in your co-employees car while on the job. The wreck is the fault of another car driver who is not your co-employee. Workers compensation is paying because your employer was covered by workers compensation at the time of the wreck. Under these circumstances, the insurer of the person who caused the wreck must pay. The driver who caused the wreck, so long as they are not a co-employee, must pay for the injuries he or she caused, and their auto insurance should cover in addition to workers compensation.
While on the job, a hydraulic lift fails causing a heavy load to fall injuring a worker. The employer has worker’s compensation insurance, which pays for medical bills and a percentage of lost wages. The hydraulic lift was made with a cast iron anchor, and the anchor failed. The anchor should have been constructed out of another type of material, because cast iron could not hold the loads. The manufacturer and distributor of the lift may be liable for the injuries. They are not the employer who purchased the workers compensation insurance, so they must pay for the damages they caused.
Any time a work related injury occurs, the personal injury attorneys at Tate Rehmet Law Office will talk to the client about how the injury happened to see if there are other people or businesses other than the employer who caused the injury. Those other people are required to pay for the injuries they cause, and are not protected by any of the worker’s compensation rules.
If you have questions about work accidents, call the personal injury attorneys at Tate Rehmet Law Office for a free consultation at (903) 892-4440. The initial consultation and investigation are always free of charge. Our office is conveniently located at 2902 N. US Highway 75, in Sherman, Texas. Please stop by at any time.