Work Injury Lawyer El Paso, TX
If you have recently been hurt while engaging in work-related activity – regardless of whether you were physical on a job site when your injury occurred or not – it’s time to speak with a work injury lawyer El Paso, TX residents trust. In Texas, workers compensation benefits are made available to eligible who have suffered injuries or occupational illnesses as a result of their work-related activities, regardless of whether workers who have been injured are documented or undocumented workers.
Table Of Contents
- Common Workplace Accident Injuries In El Paso, TX
- Forms of Compensation Available to Injured Workers
- When to Lawyer Up
- Reasons to Hire An El Paso Work Injury Lawyer
- El Paso, TX Work Injury Infographic
- El Paso Work Injury Statistics
- El Paso Work Injury Law FAQs
- Davie & Valdez P.C. El Paso Work Injury Lawyer
Not every worker in Texas is entitled to these benefits in the event that they sustain work-related harm. For example, individuals who have been properly classified as independent contractors are not generally covered by workers’ comp insurance. But, some independent contractors who should rightfully be classified as full-time or part-time employees remain entitled to these benefits. If you are unsure about your eligibility for workers’ compensation benefits, that’s okay. When you schedule a risk-free consultation with the experienced legal team at Davie & Valdez, P.C., we can clarify your status and explore your legal options together.
Common Workplace Accident Injuries in El Paso, TX
Workplace accidents can occur unexpectedly and leave employees with devastating injuries that impact their physical well-being, financial stability, and overall quality of life. In El Paso, TX, various industries expose workers to potential hazards that can lead to injuries. At Davie & Valdez, P.C., we understand the challenges faced by those who have suffered workplace injuries. With our expertise in personal injury law, we are dedicated to helping individuals seek the compensation they deserve for their pain, suffering, medical expenses, and lost wages. Here are some of the common workplace accident injuries that individuals in El Paso may experience:
- Falls and Trips: Slippery surfaces, uneven floors, and cluttered workspaces can contribute to slips, trips, and falls. These accidents often result in fractures, sprains, and head injuries, all of which can have a significant impact on an individual’s ability to work and carry out daily activities.
- Construction Site Injuries: El Paso’s thriving construction industry can expose workers to various hazards such as falling objects, scaffold collapses, machinery accidents, and trench collapses. These accidents can lead to serious injuries including broken bones, traumatic brain injuries, spinal cord injuries, and even fatalities.
- Industrial Accidents: Workers in industrial settings may be exposed to dangerous machinery, chemicals, and high-risk tasks. Accidents in these environments can lead to burns, respiratory issues, chemical exposure injuries, and amputations.
- Repetitive Strain Injuries (RSIs): Office workers and those in jobs requiring repetitive motions are susceptible to RSIs like carpal tunnel syndrome, tendonitis, and bursitis. These injuries develop over time and can cause chronic pain and limited mobility.
- Motor Vehicle Accidents: Employees who regularly drive for work purposes, such as delivery drivers or sales representatives, are at risk of being involved in motor vehicle accidents. These accidents can result in whiplash, fractures, spinal injuries, and more.
- Electrical Accidents: Workers in industries involving electricity, such as construction and maintenance, can face the risk of electrical shocks and burns. These accidents can cause serious internal injuries, nerve damage, and even fatalities.
- Lifting and Overexertion Injuries: Jobs that involve heavy lifting or physically demanding tasks can lead to overexertion injuries like strains, sprains, hernias, and back injuries. These injuries can have long-lasting effects on a worker’s ability to perform their job.
Workplace accidents in El Paso, TX, can result in a wide range of injuries, from minor sprains to life-altering trauma. At Davie & Valdez, P.C., we believe that individuals who have been injured in workplace accidents deserve proper compensation for their physical, emotional, and financial losses. Our experienced team is dedicated to advocating for the rights of those injured on the job and helping them navigate the complex legal process. If you or a loved one have suffered a workplace injury, contact us for a consultation to understand your legal options and pursue the compensation you deserve. Your well-being is our priority.
Forms of Compensation Available to Injured Workers
The kinds of compensation that may be available to you at this time are dependent upon the circumstances that led to your harm. For example, if you were hurt because someone else was acting in a negligent or reckless way, you may be able to sue that individual for personal injury damages. Similarly, if you were hurt as a result of defective industrial equipment, you may be able to sue the manufacturer of that equipment. Conversely, if your injuries were sustained in a work-related car accident, you may be in a position to file an insurance claim to seek financial restitution for your harm.
When we speak with you, we’ll discuss what happened to you and what influences, behaviors, and factors were to blame for your harm. Some forms of compensation that may be available to you are fault-based, while others are not. This means that you may be entitled to significant compensation at this time, even if you were totally to blame for your injurious circumstances.
Workers’ Compensation Benefits
As a El Paso work injury lawyer at our firm can explain in greater detail, if you’re eligible for workers’ compensation coverage, you’re almost certainly entitled to file for these benefits if you have sustained work-related harm. That is because workers’ compensation is not a fault-based system and is largely unconcerned with whether you caused your injurious circumstances or not. The system is also unconcerned with whether you are a documented or undocumented worker. So, don’t shy away from scheduling a confidential, risk-free consultation with our firm to explore your legal options simply because you were at-fault for your harm or you don’t have proper immigration paperwork.
Personal Injury Damages
You may also be in a strong position to file a personal injury lawsuit with the assistance of the Davie & Valdez, P.C. team, provided that you situation meets certain criteria. When you meet with an El Paso work injury lawyer on our staff, they can clarify if this is a viable option for you at this time.
When To Lawyer Up
If your injuries are not plainly job-related, need extensive medical treatment, involve extended periods of time off work, or result in permanent disability, you should call an El Paso, TX workers’ compensation lawyer at Davie & Valdez, P.C.
When a Lawyer Isn’t Necessary
If you suffer a reasonably minor injury at work that entirely recovers with treatment, you probably won’t require to work with a legal representative. Insurance companies are not likely to challenge claims that:
- include injuries that are plainly work-related.
- don’t require comprehensive medical treatment.
- don’t involve extended periods of time off work, and.
- do not lead to long-term injuries.
Except you sprained your ankle after you slipped on some water in the break space. Your doctor ordered you to ice your ankle, take pain relievers, and remain on bed rest for a couple of days. Since you work a desk task, you were able to return to work relatively rapidly and your ankle recovered within a couple of weeks. In this case, your trip to the medical professional would be covered. You most likely wouldn’t even receive wage loss benefits in many states due to the fact that you were only out of work for a couple of days.
When a Lawyer Is Typically Necessary
Any time you’re in a dispute with the insurer, you ought to think about employing a lawyer to represent you. You will need to gather proof in order to challenge the insurance company’s position, which might include taking depositions, asking for an independent medical exam, and employing expert witnesses– all of which require legal knowledge and skill which the at Work Injury Lawyers in El Paso, Texas at Davie & Valdez, P.C., have.
The following are some examples of when you’re best served by employing an attorney:
Your claim is rejected. Insurance providers reject employees’ payment claims for a variety of reasons. The insurance company may declare that your injury wasn’t job-related or that you submitted your claim too late. You can appeal the denial through the workers’ settlement system. While the appeals process differs from one state to another, it generally requires you to file official paperwork, utilize legal tools to gather evidence, and present your case at a hearing.
Not every injured worker will need to hire an attorney. The employees’ compensation system is an administrative procedure created to be fairly easy for workers to navigate. Numerous employees will require to– or can benefit considerably from– working with a workers’ settlement attorney.
Insurance companies reject workers’ payment claims for a variety of factors. You can appeal the denial through the employees’ payment system.
Reasons to Hire an El Paso Work Injury Lawyer
If you or a loved one has suffered an injury at work and require legal representation it would be in your best interest to contact a work injury lawyer El Paso, TX clients trust to gain compensation.
Five reasons it would be beneficial to hire a work injury lawyer:
- If your workplace accident is complicated in nature, it would be beneficial to hire a work injury lawyer to assist you in the process. Typically workers comp is set up to aid in standard workplace injury claims. They are structured in a way to help those who have mild to moderate cases of injury. However, if you have suffered extensive injuries, and need extra medical care or an extended amount of paid leave it would be wise to seek outside legal help from an experienced attorney.
- If you believe your workplace or employer maliciously caused the accident or injury you were involved in it would be foolish to not have legal assistance representing you, and your specific situation. Although intimidating to stand up against an ill-intended employer or business, El Paso work injury lawyer will ensure you do not fight alone but will be with you every step of the process. Not only will your attorney guide you through the proper protocol of filing against and suing your employer or business, but they will advocate on your behalf, ensuring that you are compensated fairly.
- If your claim is rejected by insurance it would be appropriate to hire a work injury lawyer who will look into your case
and aid in communicating and negotiating with your insurance. Insurance may deny your work injury claim by stating the claim was filed too late. If insurance believes that your injury was not sustained at work, they may choose to deny your claim. In the case of a rejected claim, an employee can choose to appeal their denial through the worker’s settlement system. An attorney specializing in work injury can assist you in collecting the proper documentation, filing the appeal, and presenting your case in court if it comes to that.
- If you need professional assistance in obtaining proof, requesting medical attention independently, and collecting witnesses to validate your claim, it would be in your best interest to hire a work injury lawyer. When disputing your work injury claim with the insurer or employer you need to obtain varying documents that support your claim. An attorney will possess the skills needed to effectively communicate on your behalf and ensure you have all the proper documentation needed to validate your claim.
- While hiring a work injury lawyer is not necessary for every case where an employee is injured on the job, it is a smart decision for those seeking specialized help, or dealing with extenuating circumstances. The worker’s comp system is set up for typical and uncomplicated injuries at work, but an attorney becomes necessary when the injured employee feels their needs are not being met, or their compensation is unfair.
El Paso, TX Work Injury Infographic
El Paso Work Injury Statistics
According to the National Safety Council (NSC), the number of preventable work deaths increased 5% in 2022, totaling 4,695. In addition to preventable fatal work injuries, 791 homicides and suicides occurred in the workplace in 2022. These intentional injuries are not included in the preventable-injury estimates. The NSC also reports that 159,379 workers suffered injuries that year.
El Paso Work Injury Law FAQs
As an El Paso, TX work injury lawyer understands, workers’ compensation is not always so simple. Our team at Davie & Valdez P.C. understands that you likely have many questions when it comes to your workers’ compensation claim.
I’ve been injured in a workplace accident in El Paso, TX. How can Davie & Valdez, P.C. help me?
At Davie & Valdez, P.C., we specialize in personal injury law, including workplace accidents. Our experienced attorneys understand the intricacies of work injury cases and can guide you through the legal process. We’ll help you gather evidence, assess the extent of your injuries, and pursue fair compensation for your medical bills, lost wages, and pain and suffering.
What should I do immediately after a workplace injury?
After a workplace injury, your health is the top priority. Seek medical attention promptly. Additionally, report the incident to your employer and document details of the accident. Keep records of medical bills and any communications with your employer or insurance company. Then, consult with our skilled attorneys who can help you navigate the legal steps to protect your rights.
Can I receive compensation if I was partially at fault for the workplace accident?
Texas follows a modified comparative fault rule. If you were partially at fault for the accident, you may still be eligible for compensation, but your awarded amount may be reduced based on your degree of fault. Our attorneys can assess the situation and help you understand how fault impacts your potential compensation.
How long do I have to file a work injury claim in El Paso, TX?
In Texas, the statute of limitations for filing a work injury claim is generally two years from the date of the accident. However, there can be exceptions and specific deadlines depending on the circumstances. To ensure you don’t miss any deadlines, it’s crucial to consult with our attorneys as soon as possible after the incident.
What if my employer doesn’t have workers’ compensation insurance?
Texas is unique in that it doesn’t require employers to carry workers’ compensation insurance. If your employer doesn’t have coverage, you may have the option to pursue a personal injury lawsuit against your employer. Our experienced attorneys can evaluate your situation, determine if a lawsuit is appropriate, and guide you through the legal process.
Who is covered by workers’ compensation in Texas?
Almost all employers in Texas are required to carry workers’ compensation insurance for their employees. However, certain types of employers, such as those with no employees or those in certain industries, may be exempt from carrying workers’ compensation insurance.
What benefits are provided under workers’ compensation in Texas?
Workers’ compensation in Texas provides various benefits, including medical expenses, income benefits, and death benefits. Medical expenses include doctor visits, hospital stays, medication, and rehabilitation services. Income benefits provide wage replacement for employees who are unable to work due to their injuries or illnesses. Death benefits provide compensation to the surviving family members of an employee who died due to a work-related injury or illness.
In Texas, you may be able to settle your workers’ compensation claim for a lump sum payment. However, it is recommended that you consult with an attorney who specializes in workers’ compensation law before agreeing to a settlement.
What should I do if I get injured at work?
If you are injured at work, you should report the injury to your employer as soon as possible. Your employer should provide you with the necessary forms to file a workers’ compensation claim. Additionally, you should seek medical attention immediately and provide your healthcare provider with information about your injury and how it happened. Your employer has the right to choose the doctor who will treat your work-related injury. However, if you are not satisfied with the care you are receiving from your employer’s chosen doctor, you may request a second opinion from another doctor.
In Texas, you have one year from the date of your injury to file a workers’ compensation claim. However, it is recommended that you file your claim as soon as possible to ensure that you receive benefits in a timely manner.
Can my employer fire me for filing a workers’ compensation claim?
No. As an El Paso work injury lawyer knows, it is illegal for your employer to retaliate against you for filing a workers’ compensation claim. If you feel that your employer has retaliated against you, you should contact an attorney who specializes in workers’ compensation law.
What happens if my workers’ compensation claim is denied?
If your workers’ compensation claim is denied, you have the right to appeal the decision. You should contact an attorney who specializes in workers’ compensation law to assist you with the appeals process.
Did the injury take place at work?
Not every injured employee will need to hire a lawyer. After all, the workers’ compensation system is an administrative procedure designed to be reasonably easy for employees to navigate. If you have an uncomplicated claim that is not being challenged by your employer or its insurer, you can most likely manage your own claim. Regrettably, the process is not constantly that easy. Many employees will need to– or can benefit considerably from– hiring an employees’ payment attorney.
In very few cases, a worker who suffers an injury at work can make a claim beyond workers’ payment, and an accident lawyer would be appropriate. If you were hurt as a result of your company’s deliberate act, or if you’re a crew member on a vessel or an interstate railroad worker, you can generally sue your employer in court for a work environment injury.
Davie & Valdez P.C. El Paso Work Injury Lawyer
Contact Our El Paso Workman’s Comp Lawyer Today!
Getting help from a lawyer who specializes in this field is going to be one of the most beneficial things that you can do. When you are ready to move forward with filing your claim or are prepared to appeal a claim that was denied, reach out to the team at Davie & Valdez P.C. to speak with our El Paso work injury lawyer now.