Port Arthur Work Injury Lawyers

Helping Injured Workers Stand Up for Their Rights

Workplace injuries and illnesses affect thousands of Texas workers every year, resulting in hundreds of hours of missed work. From construction workers to medical professionals, workers in all industries are at risk of suffering injuries or illnesses due to hazardous or unsafe working conditions. The Alfred Firm has a team of experienced Port Arthur work injury lawyers who have successfully helped workers obtain fair compensation for their job-related illnesses and injuries. If you have been hurt on the job or want to discuss your options, contact the Alfred Firm at 713-489-1875.

What Are the Most Common Work Injuries in Texas?

Employees in certain industries, such as healthcare, transportation, construction, and manufacturing, are more likely to sustain a work-related injury or illness when compared to full-time workers in other industries. For example, healthcare workers in a hospital or long-term care facility are more likely to suffer neck and back injuries due to their job activities that require lifting and moving heavy patients daily. They are also subject to other risks, such as being hit or injured by an aggressive or uncooperative patient or being exposed to infectious diseases.

Burn injuries and electrical injuries are also common in industrial settings, where employees may be exposed to high temperatures or work with electrical equipment. The severity of these injuries can vary greatly, ranging from minor burns to severe injuries that require extensive medical treatment and long-term rehabilitation.

Employees with positions that require repetitive tasks, such as assembly line work, typing, and material handling, often suffer from repetitive motion injuries, such as tendonitis or carpal tunnel syndrome. These injuries can cause chronic pain and limit the employee’s ability to work.

Falls from heights often happen in the construction industry, where employees are working on roofs, ladders, or scaffolds. The impact of a fall can be devastating, resulting in broken bones, head trauma, or even death.

Does Workers’ Compensation Cover Any Occupational Diseases?

In addition to work-related injuries, workers’ compensation can also provide coverage for certain occupational diseases and illnesses, as long as the worker’s condition is proven to be a direct result of their work activities or work environment. Some of the most common occupational diseases in Texas include respiratory illnesses, cancer, cardiovascular and circulatory disease, hearing loss, and stroke.

Respiratory diseases are a significant concern in Texas workplaces where employees are exposed to dust, fumes, and other respiratory irritants. These diseases, such as asthma, chronic obstructive pulmonary disease, and even lung cancer, can develop over time due to prolonged exposure to hazardous substances in the workplace or harsh work environments (such as work areas exposed to drastic temperature changes or excessive dust). Occupational respiratory diseases can have severe effects on employees’ health and may require ongoing medical treatment. Exposure to dangerous fumes, chemicals, and other substances in the workplace can also contribute to cases of skin cancer, while regular exposure to loud sounds such as explosions, machinery, or engine noises can lead to hearing loss. Additionally, overexertion and even a stressful or hostile work environment can lead to other issues, such as cardiovascular diseases and stroke.

Are All Employees Covered by Workers’ Compensation in Texas?

In Texas, worker’s compensation is a type of insurance that provides coverage for employees who suffer work-related injuries or illnesses. It is designed to provide financial and medical support to injured workers, regardless of who was at fault for the injury. Workers of an employer who subscribes to workers’ comp and who are considered employees (full-time or part-time employees) are usually covered by workers’ compensation. They may receive benefits if they become hurt or ill while on the job.

However, it is important to note that worker’s compensation coverage is not mandatory in Texas. This means that some employers may choose to opt out of providing this coverage to their employees. Employers who opt out are referred to as non-subscribers. Even though these employers do not offer workers compensation coverage, they are still required to follow certain rules, such as notifying all employees of the fact that they are not covered by workers’ compensation insurance.

If an employee is injured on the job and their employer does not offer worker’s compensation coverage, they have the option to file a personal injury lawsuit against the employer. This lawsuit would seek compensation for the injuries suffered as a result of the work-related accident.

It is important to note that filing a personal injury lawsuit is a separate process from seeking workers’ compensation benefits and usually requires the help of an attorney. This is because an injured worker filing a lawsuit must prove that their injury was a result of their employer’s negligence, unlike a workers’ comp claim that can be filed regardless of who may have been at fault for the accident.

What Kind of Expenses Does Workers’ Compensation Cover in Texas?

In Texas, workers’ compensation typically covers expenses directly related to the worker’s injury, such as medical expenses, hospital visits, doctor’s visits, medications, and rehabilitation costs. It also covers a portion of the worker’s lost wages, providing weekly payments while the worker is unable to return to work. In addition, it may also cover vocational training if the employee is unable to return to their previous job and needs to make a career change to find a position that is more aligned with their current abilities.

In the event of a worker’s death due to an on-the-job injury or illness, surviving family members may be eligible for death benefits. These benefits may include payment to cover funeral costs, as well as ongoing monthly payments to replace lost wages. Workers’ compensation death benefits may be provided to the surviving spouse and minor children of the deceased.

What Should I Do if I Believe I Am Being Treated Unfairly by My Employer After Filing a Worker’s Compensation Claim?

If you have filed a workers’ compensation claim and believe you are being retaliated against, it may be a good idea to speak to an attorney. Filing a claim is a protected activity, meaning your employer cannot fire you or retaliate against you just because you filed a claim. While Texas is an at-will state for employment, and both employers and employees may end an employment relationship at any time and for any reason, firing a worker because they submitted a workers’ comp claim is against the law and could be the grounds for a discrimination lawsuit against the employer. You may also file a complaint with the Texas Workforce Commission.

However, it is important to understand that your employer can still fire you for other reasons not related to your injury or to the fact that you filed a claim. Valid reasons for firing an employee can range from staffing cuts to poor performance or attendance issues. If you end up being fired while receiving workers’ compensation benefits, you will likely continue to receive those benefits even after your employment relationship ends. The benefits may continue until the workers’ comp doctor who is overseeing your treatment believes you have reached the point of maximum medical improvement and are ready to return to work.

Do I Need an Attorney for My Work Injury Case?

If you were hurt at work or developed a work-related illness, it is always a good idea to consult a work injury lawyer about your case to make sure you are taking the right steps to receive fair compensation. If your employer offers workers’ compensation coverage, an attorney can assist you with the process of filing a claim and can help facilitate negotiations with the insurance company in case your claim is denied, or the amount of benefits you are offered is incorrect or insufficient.

If your employer is a non-subscriber, meaning they do not offer any type of workers’ compensation coverage, it does not necessarily mean you have hit the end of the road. You are still entitled to receiving payment for your medical expenses and lost wages, but you may need to file a personal injury lawsuit to obtain compensation. If that’s the case, a personal injury lawyer can play a vital role in helping you build your case to hold your employer financially liable for your damages.

The work injury lawyers at The Alfred Firm have represented countless injured workers in Port Arthur and surrounding areas. We are here to help you protect your legal rights and give you the legal guidance and services you need to receive adequate compensation for your work injuries, no matter if you are simply filing a claim or need to take your personal injury case to the courtroom. Contact our law firm at 713-489-1875 to request a free case evaluation.