Were you injured while working in El Paso, Texas? Whether you have a desk job or perform dangerous construction work, you could receive compensation for your medical bills and lost wages by filing a workers’ compensation claim. You may also be able to file a personal injury lawsuit under certain circumstances.
Mission Personal Injury Lawyers is here to help you determine all avenues for compensation to cover your work-related injuries. Our El Paso workplace accident lawyers have over four decades of combined experience helping injured workers get the money they need after unfortunate on-the-job incidents.
After a work-related injury or illness, you have limited time to act. There are certain procedures you must follow. We can help you navigate the workers’ compensation system to ensure that your legal rights are protected.
Contact our law firm in El Paso, TX today to discuss your workplace accident and get the help you need. We offer a free, no-obligation case evaluation, so there’s no risk in reaching out for our legal advice.
How Mission Personal Injury Lawyers Can Help After a Workplace Accident in El Paso, TX
Dealing with an occupational injury or illness can be stressful. You’re likely going to doctor’s appointments and missing time from work, causing financial problems. How will you get compensation? What if your employer doesn’t have workers’ compensation coverage?
We’ll help you answer these questions and alleviate some of your stress while you focus on recovering. We have decades of experience and have recovered millions of dollars in benefits, settlements, and verdicts for our clients.
When you hire our El Paso personal injury lawyers, you can expect us to:
- Determine whether your employer carries workers’ compensation insurance
- Identify any parties who may be liable for your workplace injuries
- Help you file a workers’ compensation claim or personal injury lawsuit and handle all filings and communications
- Represent you in all proceedings and assist you with the dispute resolution process, if necessary
- Negotiate on your behalf to get the maximum benefits possible
Filing a workers’ compensation claim or personal injury lawsuit can be challenging. An experienced attorney can help you throughout the process and ensure that you get fair compensation.
Contact our El Paso personal injury attorneys today for a free consultation to discuss creating an attorney-client relationship.
How Common Are Workplace Accidents in Texas?
Unfortunately, workplace accidents are common in Texas. The U.S. Bureau of Labor Statistics (BLS) reported 469 fatal workplace injuries in Texas in 2020. Approximately 47% of those deaths were transportation incidents, 15% resulted from slip and fall accidents, and 15% were caused by contact with equipment or objects.
Of the 469 fatal work-related injuries in Texas:
- 127 occurred in the construction industry
- 96 occurred in the transportation and warehousing industries
- 54 occurred in the natural resources and mining industries
- 45 occurred in the professional and business services industries
Texas accounted for nearly 10% of the nation’s workplace fatalities in 2020. The state is consistently above the national average for occupational deaths in terms of the number of deaths per 100,000 workers.
Over 210,000 non-fatal workplace injuries were reported in Texas in 2020.
What is My El Paso Workplace Accident Case Worth?
The compensation you receive will depend on whether you file a workers’ compensation claim, personal injury lawsuit, or both.
Workers’ compensation benefits are limited. You can only receive a portion of your average weekly wages, and you cannot recover compensation for your non-economic damages like pain and suffering. Things like your recovery time, the cost of your medical care, and your pre-accident income will affect the benefits you receive.
However, if you file a personal injury claim, you can receive the full extent of your damages, including all your lost wages and non-economic damages.
The value of your personal injury claim will depend on:
- The extent of your workplace injuries and how they affect your quality of life
- The level of pain and suffering you’ve endured
- Whether you’re permanently disfigured or impaired
- Your lost wages and diminished earning potential
- Whether you share fault for your workplace accident
Other factors may be considered, depending on the circumstances. Call us today to schedule a free consultation to discuss what your claim may be worth.
What Kind of Compensation is Available to Workplace Accident Victims in Texas?
Unlike many other states, Texas doesn’t require most private employers to carry workers’ compensation insurance. However, private employers who aren’t required to have workers’ comp can choose to obtain the coverage to protect themselves against lawsuits.
What Workers’ Compensation Benefits Can I Receive?
Injured workers who qualify for workers’ compensation can receive the following benefits:
- Medical benefits cover your necessary and reasonable care and treatment.
- Temporary income benefits (TIBs) apply if your injury causes you to miss work for more than a week. They cover up to 75% of the difference between your average weekly earnings and the wages you can earn post-accident.
- Impairment income benefits (IIBs) cover losses associated with a permanent injury or illness that affects your whole body. The IIBs you receive will depend on an impairment rating determined by a health care provider.
- Supplemental income benefits (SIBs) are issued once your IIBs end. They only apply if your impairment rating is at least 15%, you aren’t working or are earning below a certain threshold, you’re looking for work, and you haven’t accepted a lump sum payment. You’ll receive 80% of the difference between 80% of your average pre-accident wages and any post-accident wages.
- Lifetime income benefits (LIBs) apply if you sustained a severe, life-altering work injury, like permanent blindness in both eyes, third-degree burns covering at least 40% of your body, or complete paralysis of both legs. They equal 75% of your average weekly earnings and increase by 3% yearly.
- Death benefits may be paid to certain family members of a deceased worker. You could receive up to 75% of your loved one’s average weekly wages. You may also receive burial benefits.
Income benefits only cover a portion of your average weekly income, and the Texas Workers’ Compensation Act also caps them. Additionally, there’s no coverage for emotional trauma or suffering. That’s why it may be important to pursue a personal injury claim, if possible.
What Damages Can I Recover in a Personal Injury Lawsuit?
Filing a personal injury lawsuit against your non-subscriber employer (i.e., an employer who doesn’t have workers’ comp) or another negligent third party will allow you to pursue compensation for the full amount of damages you’ve sustained due to your injuries.
You can recover economic damages, including:
- The full amount of your lost wages
- Lost earning potential
- Medical expenses, including therapy costs
- Out-of-pocket expenses, such as the cost of installing a ramp in your home
You can also seek non-economic damages to cover your personal losses, such as:
- Pain and suffering
- Mental pain
- Lost enjoyment of life
- Loss of companionship
Contact us today to speak about your legal options for compensation. We’ll evaluate the circumstances of your workplace accident to determine how to get the best outcome for you.
Can I Recover Compensation If I’m Blamed For My Workplace Accident?
Workers’ compensation is a no-fault system, meaning you can typically recover benefits regardless of whether you caused the accident or your injury.
However, you may not be covered under your employer’s workers’ compensation policy if:
- You were under the influence of drugs or alcohol when your occupational accident occurred
- Your injuries resulted from playing around
- You intentionally caused your injuries
- Your injury happened when you were engaging in criminal activity
Personal injury cases work differently. Your compensation can be reduced or barred if you share fault for your El Paso workplace accident. Texas has a modified comparative negligence law that prohibits you from recovering compensation if you’re more than 50% responsible.
If you’re less than 51% to blame, your damages will be reduced by your percentage of fault.
We’ll Fight to Recover Compensation For All of Your El Paso Workplace Accident Injuries
A workplace accident can cause many different types of injuries.
Our attorneys have represented clients who have sustained all types of work-related injuries and illnesses, including:
- Fractured or broken bones
- Brain injuries, including concussions
- Eye injuries and other facial injuries
- Hearing loss
- Loss of limbs or amputations
- Crushing injuries
- Nerve damage
- Back injuries
- Neck injuries
- Chest injuries
- Repetitive strain injuries
- Soft tissue damage, including sprains and strains
- Spinal cord damage
- Internal organ damage
- Knee injuries
- Exposure to toxic chemicals
- Catastrophic injuries
- Wrongful death
- And more
Contact our El Paso workplace accident attorneys today to discuss your injuries and the compensation you can seek for them.
Do I Need to Prove Negligence After a Work-Related Accident in Texas?
Because workers’ compensation is a no-fault system, you don’t have to prove that anyone was negligent in causing your workplace injury or illness to recover benefits.
However, you’ll need to prove that the at-fault party was negligent if you file a personal injury lawsuit. If you can’t prove that the other party’s carelessness directly caused your injuries, you won’t be able to recover compensation for your workplace injuries.
We’ll help you gather evidence to prove the elements of your case, including your accident report, medical records, expert witness opinions, surveillance footage, and more.
How Long Do I Have to File a Claim After a Workplace Accident in Texas?
To receive workers’ compensation benefits, you must notify your employer within 30 days of the date you were injured (or 30 days from the date you discover that your injury or illness is work-related).
You have one year from the date of injury to file an “Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease” (DWC Form-041) with the Texas Department of Insurance’s Division of Workers’ Compensation (DWC).
If you file a personal injury lawsuit, you have two years from the date of your workplace accident. However, exceptions may apply. If you fail to file your lawsuit within the specified statute of limitations, you’ll forfeit your right to recover compensation from the at-fault party.
The quicker you reach out to an attorney, the better your chances of receiving the maximum compensation in your case and preserving your legal rights.
Schedule a Free Consultation With Our El Paso Workplace Accident Lawyers
If you’re suffering from a work-related injury or illness, let us help you recover the compensation you need to get back on your feet. You may be entitled to file a workers’ compensation claim, a personal injury case, or both. Call us today to discuss your options and get the compensation you deserve.