Houston Work Accident Attorney

Workplace accidents can happen in any industry and can result in serious injuries that can impact your ability to work and provide for your family. If you have been injured on the job, it is important to seek legal representation to ensure that your rights are protected and you receive the compensation you deserve.At Robins Cloud LLP, we understand the physical, emotional, and financial toll that a work accident can take on you and your loved ones. Our experienced personal injury attorneys are here to guide you through the legal process and fight for your rights.

Call (800) 691-2363 or contact us online today to request a free case evaluation.

What is a Work Accident?

A work accident, also known as a workplace accident or occupational accident, refers to an unexpected and unplanned event that occurs in a workplace setting, leading to physical or psychological harm to an employee or workers involved. These accidents can result in injuries, illnesses, or even fatalities.

Work accidents can happen in various industries and job roles, and they can have serious consequences for both the affected individuals and the overall productivity and functioning of the organization.

Common types of work accidents include:

• Slips, Trips, and Falls: Accidents caused by slipping on wet or uneven surfaces, tripping over objects, or falling from heights. These can result in fractures, sprains, and other injuries.
• Struck by Object: This involves being hit by falling objects, moving machinery, or equipment. It can cause injuries ranging from minor bruises to severe fractures or head injuries.
• Machinery Accidents: Injuries caused by operating or being around heavy machinery and equipment. These accidents can result from improper usage, lack of proper training, or mechanical failures.
• Electrical Accidents: Accidents related to electrical equipment, such as electrocution or electrical burns. These can occur when working with faulty wiring, exposed cables, or malfunctioning electrical systems.
• Fires and Explosions: Accidents involving fires, explosions, or chemical reactions. These incidents can lead to burns, respiratory issues, and even fatalities in severe cases.
• Burns and Scalds: Accidents involving exposure to hot surfaces, steam, or chemicals that can cause burns or scalds.
• Strains and Sprains: Injuries caused by lifting heavy objects, repetitive motions, or poor ergonomics. These can lead to musculoskeletal disorders and chronic pain.
• Transportation Accidents: Accidents that occur while driving, operating vehicles, or even walking in the workplace, such as collisions, crashes, or being hit by moving vehicles.
• Falls from Heights: Accidents that result from falling from ladders, scaffolding, roofs, or other elevated surfaces. These can lead to serious injuries or fatalities.
• Exposure to Harmful Substances: Accidents caused by exposure to toxic chemicals, gases, or hazardous materials. Prolonged exposure can lead to respiratory problems, skin issues, and long-term health complications.
• Assaults or Violence: Incidents involving physical altercations, threats, or acts of violence in the workplace. These can lead to both physical injuries and psychological trauma.
• Confined Space Accidents: Accidents that occur when working in confined spaces, such as tanks or tunnels, which can lead to asphyxiation, toxic gas exposure, or getting trapped.

Common Causes of Work Accidents

Workplace accidents can occur due to a variety of factors, often resulting from a combination of human, organizational, and environmental issues.

Here are some of the most frequent causes of workplace accidents:

• Lack of Training and Awareness: Inadequate training or lack of awareness about safety protocols and procedures can lead to accidents. Employees who don't know how to use equipment or handle hazardous materials properly are at higher risk.
• Unsafe Work Practices: Ignoring safety guidelines, taking shortcuts, or not following established procedures can lead to accidents. This might include failing to wear personal protective equipment (PPE), bypassing safety mechanisms, or not using equipment as intended.
• Fatigue and Stress: Employees who are fatigued or stressed are more prone to making mistakes and being less attentive. This can lead to accidents, particularly in jobs that require high levels of concentration or physical coordination.
• Lack of Communication: Poor communication between coworkers, supervisors, and management can result in misunderstandings or incorrect information sharing, leading to accidents. Miscommunication can involve unclear instructions, missed warnings, or failure to relay critical information.
• Hazardous Work Environments: Workplaces with inadequate ventilation, poor lighting, or cramped spaces can contribute to accidents. Slippery floors, uneven surfaces, and poor housekeeping can also create hazardous conditions.
• Lack of Maintenance: Poorly maintained machinery, tools, and equipment can malfunction, leading to accidents. Regular maintenance and inspections are crucial to ensure that everything is in proper working condition.
• Inadequate Safety Equipment: If employees do not have access to the necessary personal protective equipment (PPE) such as helmets, gloves, goggles, and respirators, they are more susceptible to accidents and injuries.
• Lack of Supervision: Inadequate supervision can result in employees taking risks or not following safety procedures. Supervisors play a crucial role in monitoring and enforcing safety measures.
• Rushing and Time Pressure: Tight deadlines or excessive workloads might lead employees to rush tasks, bypass safety protocols, or not pay proper attention, increasing the likelihood of accidents.
• Human Error: Mistakes made by employees due to distraction, lack of attention, or momentary lapses in judgment can contribute to accidents.
• Inadequate Emergency Preparedness: If employees are not adequately trained in responding to emergencies such as fires, chemical spills, or medical incidents, accidents can escalate into more significant disasters.
• Inadequate Ergonomics: Poorly designed workstations, improper seating, and repetitive tasks can lead to musculoskeletal injuries and long-term health issues.
• Inadequate Risk Assessment: Failing to identify and address potential hazards in the workplace can lead to preventable accidents. Regular risk assessments are essential for creating a safe environment.
• Improper Use of Tools and Equipment: Using tools and equipment in unintended ways or without proper training can lead to accidents. Misuse of equipment can cause malfunction or injury.

Texas Workers' Compensation Laws

Private employers in Texas can choose to opt into the workers' compensation system by purchasing insurance from a private insurance company or by self-insuring. This means they can provide benefits to employees who are injured or become ill on the job, including medical expenses and a portion of lost wages, in exchange for immunity from most lawsuits related to those injuries.

Employers who choose not to participate in the workers' compensation system are known as "non-subscribers." Non-subscribers must notify their employees of their non-subscriber status and provide alternative benefits plans. Non-subscribers are subject to potential lawsuits from injured employees, which can result in higher legal costs and potential damages if found liable for negligence.

Therefore, employees injured on the job have the right to file a claim for workers' compensation benefits if their employer provides coverage. However, if the employer is a non-subscriber, the injured employee may have the option to sue the employer for negligence.

Workers' compensation benefits in Texas typically include coverage for medical expenses related to the injury or illness, as well as a portion of lost wages if the injury results in time away from work. The specific benefits and coverage amounts may vary depending on the nature and severity of the injury, as well as whether the employer is a subscriber or non-subscriber.

Disputes between injured employees and their employers regarding workers' compensation claims are typically handled through the Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC). This division oversees the administration of workers' compensation claims, including mediation and dispute resolution processes.

Third-Party Claims

A third-party claim refers to a legal claim brought by an injured employee against someone other than their employer or a co-worker who may be responsible for causing or contributing to the injury. These claims are separate from workers' compensation claims and typically involve seeking compensation from a negligent party for damages such as medical expenses, lost wages, pain and suffering, and other related losses.

Common types of third parties in work injury cases include:

• Manufacturers and Distributors: If a workplace injury is caused by a defective or dangerous product, such as machinery or equipment, the injured employee may have a claim against the manufacturer or distributor of that product. This could involve defects in design, manufacturing, or inadequate warnings or instructions.
• Contractors and Subcontractors: In cases where multiple contractors or subcontractors are involved in a construction project or other work site, negligence by one of these parties resulting in injury to an employee of another party could give rise to a third-party claim.
• Property Owners: If an employee is injured on someone else's property while working, such as a slip and fall accident at a client's premises or a construction site, the property owner may be liable for failing to maintain a safe environment.
• Motorists: Employees who are injured in motor vehicle accidents while driving for work purposes may have third-party claims against negligent drivers who caused the accidents. This could include accidents involving delivery drivers, sales representatives, or employees commuting for work-related tasks.
• Other Negligent Parties: Depending on the circumstances of the injury, there may be other parties who could be held liable. For example, if an employee is injured due to the negligence of a maintenance company hired by the employer, that maintenance company could be a third-party defendant.

Third-party claims can significantly differ from workers' compensation claims in terms of the damages that can be recovered and the legal procedures involved. While workers' compensation provides benefits regardless of fault, third-party claims require the injured employee to prove negligence or wrongdoing on the part of the third party.

How We Can Help You

If you have been injured in any of these types of accidents, or any other work-related accident, our team can help. We have extensive experience handling work accident cases and can assist you with:

• Investigating the cause of the accident
• Collecting evidence to support your claim
• Calculating the full extent of your damages, including medical bills, lost wages, and pain and suffering
• Negotiating with insurance companies and employers for a fair settlement
• Representing you in court if necessary

We understand that every work accident case is unique. That’s why we take the time to get to know you and your situation to build a strong case that is tailored to your specific needs.

Contact Robins Cloud LLP today at (800) 691-2363 to schedule a free consultation. We will fight for your rights and help you get the compensation you deserve.