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How Can You Prove Employer Negligence in a Texas Industrial Accident Case?

Posted on June 2, 2024 in

What is Considered an Industrial Accident in Texas?

The state of Texas has the second-largest economy in the United States. We are home to a number of industries that drive economic growth, including the oil industry, agricultural industry, construction industry, information technology, aerospace, defense, health care, and manufacturing industries. While these industries are responsible for much of our economy and our state’s workforce, these jobs also tend to be fairly dangerous. Industrial accidents are not unheard of. But what are people talking about when they refer to an industrial accident? Typically, industrial accidents refer to accidents that occur at a place of work, resulting in injuries to industrial company employees. Also, industrial accidents can refer to incidents that impact several people over a large geographic area.

Common industrial accidents in Texas include the following:

  • Accidents caused by falling debris and falling objects.
  • Crushing injuries.
  • Dismemberment.
  • Electrical accidents, fires, and electrocutions.
  • Exposure to toxic chemicals and hazardous materials.
  • Fires, smoke inhalation, and explosions.
  • Heavy machinery accidents.
  • Forklift accidents
  • Oil spills.
  • OSHA violations.
  • Slips or trips and falls.
  • Structural collapse.
  • The catastrophic release of toxic chemicals.
  • And more.

What Should You Do if You’ve Been Injured in a Texas Industrial Accident?

If you’re hurt while on the job in a Texas industry profession, you must take immediate action to save life, limb, and legal case.

First on your agenda should be seeking medical attention. Typically, your employer will have a list of healthcare professionals who are covered under your workers’ compensation insurance plan. These are the medical professionals you should use during the duration of your workers’ compensation claim. If you opt to go to a personal doctor, the workers’ compensation legal system may not pay for your medical expenses.

The Texas Department of Insurance governs workers’ compensation claims. State law says Texas workers have 30 working days after an injury to report their injuries to their employer. This notice must be provided in a written notification. It’s important to have a paper trail for your legal claim. In addition, you must file the necessary forms with the Texas Department of Insurance promptly.

After being informed of your injury, your employer has eight days to inform their insurance company provider of your workplace injury. The insurance provider will then evaluate your claim and either offer an admission of liability or deny your claim. Claims may be denied if there is not enough information provided or if the insurance company believes the accident was not related to your on-the-job duties.

If you have not done so already, you must also consider retaining professional legal counsel from experienced personal injury lawyers. Our law firm has extensive experience representing clients in complex workplace accident claims and would be proud to represent your interests in pursuing financial recovery.

What is Negligence and Why is it Important to Your Injury Case?

Most industrial accident cases are caused by negligence, either by the employer or another worker. Negligence is defined legally as the failure to exercise the appropriate level of care that is owed to another person that any reasonable person would have exercised if placed in a similar situation. Failure to reach that appropriate level of care could indicate that a person’s actions at the moment were reckless, dangerous, and negligent. To prove your case, you must be able to show a direct line between the breach of duty of care and the injuries you suffered, as well as monetary losses.

Establishing liability in an industrial accident case often requires careful investigation of the facts, reviews of evidence related to the case, and a legal team with years of experience practicing personal injury law in Texas. Workplace accident victims must establish that the responsible party had a duty of care, breached that duty of care, and that the breach directly caused an accident and the resulting injuries. In many cases, this may involve obtaining safety records, witness testimonies, expert analysis, and documentation of regulatory violations.

What is Comparative Negligence?

Texas follows comparative negligence law. Under Texas law, if a plaintiff is found to have contributed to their injury in any way, the amount they are awarded in maximum compensation will be adjusted to the percentage of their fault in the accident. For example, if you were 20% to blame for your own injuries because of some negligence on your part, your full settlement would be reduced by 20%.

In Texas, which utilizes a modified comparative negligence understanding of the law, a plaintiff cannot be found more than 50% negligent for an accident if they wish to recover compensation.

Can You Sue for Injuries and Illnesses Caused by Exposure to Toxic Chemicals and Hazardous Substances?

Texas employers must take precautions to protect their employees from dangerous conditions and hazardous chemicals. When an employer’s negligence results in toxic chemical exposure or an accident in a known dangerous area, workers can seek financial compensation by taking legal action.

What Are the Workers’ Compensation Laws of TX?

Employers in Texas are not required to carry workers’ compensation insurance. Because of this, injured workers sometimes run into situations where their employer does not have any insurance to cover workplace injuries. The law requires that employers notify each new employee of their workers’ compensation status, including whether they have coverage or not.

Companies without Texas workers’ compensation tend to fight harder against lawsuits. Injured workers must remain vigilant to protect their legal rights. It is highly recommended that injured industrial workers seek professional legal representation from experienced personal injury attorneys.

Can a Personal Injury Lawyer Help You Recover Compensation?

A personal injury attorney can help you recover the financial compensation you deserve for your case. Full and fair compensation may include the following:

  • Past medical bills and future medical expenses.
  • Lost wages and lost income earning capacity.
  • Disability benefits.
  • Property damage.
  • Pain and suffering compensation.
  • Wrongful death.

Schedule a Free Case Evaluation with Our Experienced Personal Injury Attorneys Today

If you have been injured in an industrial accident, don’t hesitate to get in touch with The Alfred Firm to discuss your case in more detail. Our Texas law firm has extensive experience representing clients in complicated personal injury cases.

To learn more about our legal services, we encourage prospective new clients to contact us to schedule a free case evaluation today. You may reach us at 713-470-9714.