Workplace Injury Attorneys in McAllen

Workplace accidents cause injuries that put people out of work in Texas just about every day. The workplace injury lawyers at Herrman & Herrman, P.L.L.C., in McAllen, Texas, help injured workers and their families recover financially from work accident injuries. Below, Herrman & Herrman will go into more detail about Worker’s Compensation Claims and how to handle the process. 

Does Texas require Worker’s Compensation Insurance?

Many employers have workers’ compensation insurance that pays benefits to workers injured on the job. However, Texas employers are not required to have workers’ compensation insurance. That means an injured worker may have to take legal action to demonstrate their employer’s or another party’s responsibility for their injury to obtain compensation for medical bills, lost wages and other costs of an accident.

McAllen Workplace Injury Lawyers are Experienced

Our workplace injury lawyers in McAllen understand the potentially devastating financial consequences of being injured on the job and unable to return to work. Our McAllen injury lawyers can evaluate your situation and discuss your options for seeking compensation. Our attorneys bring more than 100 years of collective legal experience to each case we handle on behalf of injured workers.

 

HERRMAN & HERRMAN IS MCALLEN’S WORKPLACE ACCIDENT ATTORNEY

THREE MOST COMMON CAUSES OF WORK ACCIDENTS

A 2018 report from the Texas Department of Insurance’s Division of Workers’ Compensation says there were 183,396 total recordable nonfatal injuries and illnesses at private employers in Texas in 2017.

Most injuries in the goods-producing sector occurred in manufacturing, construction and mining and natural resources (including oil production). Trades, transportation, and utility work had the highest incidence of workplace injury and illness among service jobs in Texas.

Workers in McAllen and elsewhere in Texas get hurt and badly injured in numerous ways while on the job. Three types of workplace accidents occur more often than others and injure more workers:

3 COMMON WORKPLACE INJURIES IN MCALLEN

Falls

Falls

Workers are injured when they slip, trip and/or stumble and fall, sometimes falling from raised surfaces such as scaffolds, platforms, and roofs. Falls from ladders, step-stools and similar aids are also very common. If a walking surface is made slippery by water, oil or loose rugs or floor tiles, a worker may slip and fall. Poor lighting or an obstructed view, clutter, uncovered cables or uneven walking surfaces can cause trip and fall accidents. By some counts, slips, trips, and falls account for a third of all personal injuries in the workplace.

Motor Vehicle Accidents

Motor Vehicle Accidents

There are numerous types of motor vehicles in the work environment, ranging from passenger cars to commercial trucks and heavy equipment, to forklifts, scissor lifts and boom lifts, and various types of scooters and golf carts. People are injured in accidents that occur while driving motor vehicles as part of their job and when they are hit by motor vehicles, such as in a highway work zone or on a busy construction site. Worksite vehicles can also hit objects and cause them to fall onto workers.

Overexertion

Overexertion

An overexertion injury may occur in a single incident or be cumulative, coming after years of the same strenuous activity day after day. Jobs that require lifting, carrying, pulling, pushing and/or throwing objects lead to numerous stress and strain injuries. The repeated exertion experienced in jobs that require bending, kneeling, reaching, stretching, twisting or climbing on a regular basis can cause injury due to wear and tear. Carpal tunnel syndrome, an injury caused by repetitive stress to the hands and wrists, may be caused by typing, data entry or working on an assembly line. It is a form of overexertion injury.

TALKING WITH YOUR EMPLOYER ABOUT YOUR INJURY

To ensure that any claim you file is valid, it is crucial to report the workplace accident to your employer and seek medical treatment. You should do so within 30 days of suffering an injury on the job or being diagnosed with an occupational illness. Even if you know your employer is aware of what happened to you, you should report the accident in writing to document what happened to you, where you were injured and when, as well as your specific medical diagnosis.

You also need to be sure to tell your doctor your injury is work–related, so your physician knows to report it as required.


THE FIRST STEP TO FILE A WORKER’S COMPENSATION CLAIM

To file a workers’ compensation claim in Texas, you must report your injury or illness to the Texas Division of Workers’ Compensation within one year. This requires filing DWC Form 41, Employee’s Claim for Compensation for a Work-Related Injury or Occupational Illness.

In most cases, you will hear from your employer or your company’s human resources (personnel) department about what benefits you are eligible to receive, including workers’ compensation benefits. In other cases, you may be left on your own to figure out what insurance you do or don’t have and whether you can expect assistance.


THE MOST COMMON REASON FOR DENIAL

Failing to meet the deadlines of the Texas workers’ compensation program can cause a claim to be denied.

Speak to your employer or HR department as soon as possible after a workplace injury. If they do not promptly provide confirmation that your medical bills will be paid, contact an experienced McAllen workplace injury attorney.


WHEN SHOULD YOU CALL A WORKPLACE ATTORNEY IN MCALLEN?

Knowing when to contact your McAllen Accident Attorney is very important, and we’ll explain why it is important to contact them and when to contact them.

If at any point your employer is not cooperating with you to ensure you are provided assistance with medical bills and other costs associated with an injury or an illness suffered on the job, you should speak with an attorney.

Texas does not require employers to obtain workers’ compensation insurance for employees, but employers in Texas still have responsibilities for employee safety.


IS A WORKER’S COMPENSATION CLAIM CONSIDERED NO-FAULT IN TEXAS?

Workers’ compensation is no-fault insurance, which means it should pay benefits regardless of how an accident occurred in almost all cases. But an employer who does not provide workers’ compensation can still be held legally liable and compelled to compensate an employee whose injury is the result of the company’s violation of workplace safety rules. Others at a job site – contractors, vendors, individual employees or other “third parties” – may be liable if their negligence led to your injury.

HERRMAN & HERRMAN INVESTIGATES THE LOCATION OF YOUR INJURIES

Herrman & Herrman attorneys in McAllen can investigate your accident and help you determine your best options, whether that involves filing a workers’ compensation claim or pursuing a personal injury claim on your behalf. We will negotiate aggressively with insurers representing at-fault parties for a settlement that makes you whole financially.

CONTACT OUR MCALLEN WORKPLACE ACCIDENT ATTORNEYS TODAY

Contact us now to schedule a free, no-obligation appointment to discuss your potential workplace injury claim with an experienced McAllen work accident lawyer.


DIRECTIONS TO MCALLEN’S WORKPLACE INJURY LAWYERS

Herrman & Herrman has four office locations in south Texas, including McAllen, Corpus Christi, Brownsville, and San Antonio.