Houston Workplace Injury Lawyer
Houston, Texas, is the fourth most populous city in the nation and growing. More than three million workers do their jobs in Houston, in industries and occupations as diverse as the traditional oil and gas energy sector, trade, manufacturing, cutting edge technology, healthcare, retail, hospitality, and more.
Sadly, hundreds of people lose their lives to fatal occupational injuries in Texas every year, and thousands more are seriously injured. Texas leads the nation when it comes to workplace fatalities and catastrophic injuries, and Houston leads the state. Leading causes of serious injuries and death include falls, toxic exposure, and equipment malfunctions, or related equipment injuries.
Gilde Law Firm is proud to be a Houston law firm, and we are proud of the many achievements of our great city and state. We are equally saddened by the tragedies of so many workplace accidents and injuries here, particularly because so many of them could be avoided if employers and contractors implemented, followed and enforced proper safety procedures. As a personal injury trial law firm, we enter the picture after a horrible accident has already happened. While we can’t prevent that accident that has occurred, we can perhaps prevent others in the future by holding employers and third parties liable for their negligence and setting an example for other employers to ensure they institute and maintain safe workplaces. We do this in the names of our clients as we help them overcome their challenges and see they get the medical care and compensation they need after a workplace injury.
If you have been injured in a workplace accident, or if you have lost a loved one in a fatal workplace accident, call the experienced Houston workplace injury lawyers at Gilde Law Firm at 281-973-2772 to find out how we can help you find justice, accountability and compensation.
Non-Subscriber Employer Liability
Most employers in Texas carry workers’ compensation insurance to cover them in case their employees get hurt on the job. A covered employer can’t be sued for a workplace accident, even if the employer’s negligence or that of a co-worker caused the accident. Instead, injured workers file a workers’ comp claim and receive benefits that basically cover their medical expenses and two-thirds of their lost wages while they are out of work due to the injury.
However, a large number of Texas employers choose not to subscribe to workers’ compensation. If your employer is a non-subscriber (which you should know because they are required by law to tell you), then you can sue them for a workplace accident caused by their negligence, such as if they maintained an unsafe workspace, didn’t maintain equipment properly, didn’t keep the premises clean and clear, didn’t provide appropriate safety gear, etc.
Non-subscribers are limited in how they can defend against liability claims. They can’t say you were partly to blame for the accident or that another worker was at fault, and they can’t say that you knew of the danger and voluntarily accepted the risk of getting hurt. Still, the burden is on you to prove that the injury happened at work due to the employer’s negligence. This might not be an easy case to prove, especially on your own. An experienced personal injury attorney at Gilde Law Firm can take on this task for you. Proving negligence in personal injury cases is what we do, and we can help you recover the full amount of damages, including medical costs, lost wages, and pain and suffering, after an accident in a workplace run by a non-subscriber employer.
The employment relationship involves two parties – the employee and the employer. However, there are many ways that a workplace injury can be caused by a third party who is outside of the employment relationship. When a third party causes the accident by their negligence, you can sue them. It doesn’t matter if your employer subscribes to workers’ comp or not. If they do, you could file a workers’ comp claim and still go after the third party to maximize your financial recovery.
Of course, suing a third party means being able to prove they were negligent and their negligence caused your injuries. Third parties can fight back with all available defenses, including claiming that your own negligence contributed to the accident and should reduce your recovery. You might have to go to court and prove your case to a judge and jury if you can’t work out a settlement with the third party or their insurance company. Once again, Gilde Law Firm has the skills and resources needed to take on this task and prove the third party’s liability to you. Let us focus on your financial recovery while you focus on your physical recovery.
Our firm takes on all situations where third-party liability might apply, including the following examples:
- You get into an auto accident while making deliveries, picking up supplies, or running errands for your boss.
- You slip and fall while working on a third party’s property or are otherwise hurt by some dangerous condition on their premises.
- You are injured by a defective product at work that was defective when it left the manufacturer’s control.
- A third party comes onto the workplace and negligently performs work or otherwise causes the accident, such as by leaving tools or equipment on the floor, creating a slippery surface, leaving energized wiring exposed, spilling toxic chemicals, etc.
Help Is Here After a Workplace Accident
For help after a workplace injury in Houston or anywhere in the U.S., call Gilde Law Firm at 281-973-2772 for a free consultation. We advance all costs of litigation, and there’s no fee unless and until we recover for you.