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Can I Sue My Employer For A Workplace Injury?

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Any time that you are injured at your workplace, you could have a reasonable case to receive workers’ compensation. There are several deadlines and details to make note of if you are interested in pursuing compensation. 

The team at Cesar Ornelas Law is here to help you understand what constitutes a workplace injury and some of the rules and regulations unique to Texas worker’s compensation law. Our team is on your side!

What Is A Workplace Injury? 

Any injury incurred while in the course of employment is eligible for workers’ compensation. Of course, there are limitations if the claimant is proven to have been participating in unprofessional behavior, intoxicated, not completing work-related assignments, or committing a crime. 

This also includes if an employee is traveling for work or attending a company-sponsored event. In Texas, even illnesses incurred while in the course of employment, without regard to fault, are covered. 

Common Causes Of Workplace Injury

You may think that workers’ compensation only applies to those who already perform potentially hazardous jobs, but there is a wide range of injuries that can be considered for compensation. The most common causes for workplace injuries are:

  • Hazardous Materials
  • Repetitive Motion
  • Vehicle Accidents
  • Insufficient Safety Guidelines
  • Lack of Training
  • Reckless Co-Worker Behaviors

If you have experienced one of the above situations that have resulted in your harm, you may have a case for workers’ compensation. It’s important to get a pair of experienced legal eyes on your claim as soon as possible to avoid any technical obstacles. 

Texas Workplace Injury Requirements

If you are considering suing your company for workers’ compensation, it’s best to know the specific deadlines you are facing in Texas. 

  • The injury report must be filed to your employer within 30 days of the incident. If the work-related nature of your injury or illness does not become apparent until later, you must file an injury report within 30 days of when you ‘should’ have known it was work-related.
  • If you need to appeal your first impairment rating, you must do so within 90 days of its issuance. 
  • Formal paperwork for a workers’ compensation claim must be filed within 1 year of the injury or illness.

Texas Workers’ Compensation Tips To Remember

  • The law heavily favors return-to-work programs because studies show that light work speeds up recovery time. If you refuse to complete suitable, light-duty work, your workers’ compensation may be forfeited. 
  • Texas does not require employers to have workers’ compensation coverage. If your company does not have workers’ compensation insurance, they will have less protection from the law and have no limits on how much they can be sued for. 

Let Cesar Ornelas Fight For What You Deserve 

Our team of personal injury attorneys is specifically trained to support you against your employer. If you suspect you have a valid workplace injury that deserves compensation, count on us to have your back. Contact our team today for expert personal injury assistance. 

Helpful Resources

Workplace Injury Lawyer

Steps to take after a workplace injury

Injured at work, now what?

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