Work-related illness or injuries; and injured or sick on the job
Hello, viewers, and welcome back. I’m Jim Adler, the tough smart lawyer, and in today’s video, we’re taking a look at the topic of work-related illness and injuries. If you or a loved one has fallen ill or been injured on the job, it’s important to know what your options are, and what steps you should be taking and when. So without further ado, let’s dive right in.
There are many different kinds of workplace injuries and illnesses, also varying degrees of severity. A workplace injury might be something small like a cut hand at a food prep station in a restaurant, or it could be something much bigger, like an injury at a chemical plant, refinery or offshore oil rig in the Gulf of Mexico. Other very serious injuries can include amputation from machinery or a traumatic brain injury from falling materials at a construction worksite. In fact, construction injuries are the most common type of work injury. For more information specifically on construction-related injuries, be sure to check out our FAQ video on the topic.
Work-related illnesses are similar in that they can range from minor to severe. Some of the more severe examples we’ve seen include work environment-caused hearing loss (both temporary and permanent) and cancers caused by asbestos in the workplace.
If you’ve suffered a work-related illness or injury, it’s important to know what rights you have and what steps to take, to make sure you are making the best decision for yourself and your family. In Texas, you have a legal right to file a workers’ compensation claim with your employer who carries such insurance. Additionally, in some cases, you may also have a right to file a work injury lawsuit against a contractor, fellow worker or business owner, or against an employer who doesn’t have workers’ compensation coverage.
Workers’ compensation is an insurance program that provides medical benefits and pay to workers who suffer an injury or illness due to work. But it also protects employers from civil lawsuits brought by injured workers. That means that, in most cases, if your employer has worker’s comp insurance, you cannot sue them.
That doesn’t mean you should try to go it alone though, if you need to file for workers’ comp. Even if your employer has it, it’s wise to hire a personal injury lawyer for three reasons. First, your attorney can determine if you should sue a third party, such as a contractor or parts supplier, for your work injury. Second, your attorney can fight to gain all payments possible for you, as they will be much more familiar with navigating the complex workers’ comp system. Third, if your claim is denied, your lawyer can fight for your appeal.
The workers’ compensation system in Texas is a far more complex and tedious process than it should be, and the results of your claim can have longstanding consequences for you and your family. That’s why we recommend having an experienced personal injury lawyer on your side as you navigate the workers’ comp journey.
If you have questions about this information or would like to discuss your case, you can get in touch with Jim Adler and Associates via the contact form at jimadler.com or by giving us a call at 1-800-567-7575.