Lawyer – Earn a Fair Outcome Following a Workplace Accident

Work Injury Lawyer

Work Injury Lawyer in El Paso

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  • Previous reviews describe our lawyer as “straightforward, honest, and gets the job done!” and “very fast and effective!”
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  • Give our law firm a call today at (915) 532-3300.
  • Our office is located in central El Paso.
  • As an experienced lawyer with 22 years of courtroom experience, you can expect a favorable outcome.

Injuries sustained in the workplace can leave a person with feelings of uncertainty as to whether they can keep up with medical expenses and make ends meet while being away from work. Not only does an injured worker suffer physical pain (and sometimes emotional or mental pain), the injured worker also faces the possibility of job loss, a mountain of never-ending medical bills, and the inability to find a new job that accommodates the worker’s limitations. Because so much is at stake following a workplace accident, it is essential to discuss a workplace injury or illness with a skilled El Paso Work Injury Lawyer.

Different Types of Workplace Accidents in El Paso

The workforce in El Paso is extremely diverse, with some jobs involving manual labor and others requiring a person to sit at a desk. Whatever the job may be, there is always the chance that a workplace accident will happen, and regardless of the type of job, the injuries associated with a workplace accident can be catastrophic. Examples of different types of workplace accidents in El Paso include, but are not limited to, the following:

  • Falls (whether from an elevated height or slipping and falling on the ground);
  • Auto accidents;
  • Equipment-related accidents;
  • Illnesses associated with exposure to toxic or carcinogenic substances;
  • Being struck by a falling object; and
  • Overuse from doing repetitive tasks.

The way in which a workplace accident happens will be dependent upon the nature of the job. However, a slip and fall accident, for example, can happen in nearly any work setting. On the other hand, equipment-related accidents and accidents involving exposure to toxic substances are more likely to happen with jobs that involve the use of large machinery and handling of chemicals.

Injuries and Illnesses Associated with Workplace Accidents

The different types of injuries and illnesses resulting from workplace accidents can range from short-term illness to a traumatic brain injury or paralysis. Examples of work-related injuries and illnesses include, among others, the following:

  • Cuts and open gashes that require stitches or staples;
  • Broken bones;
  • Torn muscles;
  • Concussions and other traumatic brain injuries (TBIs);
  • Organ damage;
  • Burns;
  • Spinal cord damage;
  • Paralysis
  • Amputation;
  • Carpal tunnel;
  • Any other physical injury requiring surgical intervention;
  • Mesothelioma (resulting from exposure to asbestos);
  • Hearing loss;
  • Bacterial infections (especially for medical professionals); and
  • Death.

The severity of workplace injuries and illnesses is a key factor in how much compensation a worker may be entitled to, as a more severe injury or illness will require substantial medical treatment and perhaps may lead to permanent damage.

Texas Workers’ Compensation Laws – What You Should Know

Many states require employers to provide workers’ compensation coverage to all employees, but Texas is different. Texas law does not obligate employers to provide workers’ compensation coverage to injured or ill workers. Because many Texas workers cannot rely on the ability to file a workers’ compensation claim if they suffer an injury or illness from a workplace accident, it is essential that all workers know what their rights are under Texas law.

Employers with Workers’ Compensation Coverage

Employers who choose to offer workers’ compensation to employees must adhere to all state laws, rules and regulations. Workers’ compensation is a no-fault system. Therefore, a worker who sustains injuries or illness while on the job does not need to prove the employer or anyone else was at fault for causing the accident. The purpose of workers’ compensation is to help injured or ill workers get back to work and receive the resources and compensation they need while they are unable to work.

The idea is that workers’ compensation helps the workforce in general as injured and ill workers who do not have an opportunity to file a workers’ compensation claim may become unemployed, and employers will not have the benefit of those injured employees. Employers who offer workers’ compensation coverage to workers benefit from Texas law in many ways. For example, the amount of compensation available to an injured or ill worker is limited, something that benefits the employer but does not necessarily benefit the employee.

Workers whose employers offer workers’ compensation coverage must provide notice of the workplace accident within thirty (30) days of the accident. If an injury does not become apparent right away, an employee must provide notice of the workplace accident and within thirty (30) days of becoming aware that his or her injury or illness is related to a workplace accident. After an injured or ill worker provides notice to the employer, he or she has ninety (90) days to file an appeal of the initial “impairment” rating. An injured or ill worker must then file all formal workers’ compensation paperwork within one (1) year of the date of the injury or illness, or within one (1) year of the date he or she discovers or learns that the injury or illness was related to a workplace accident.

Employers Without Workers’ Compensation Coverage

Employers who do not offer workers’ compensation coverage to injured or ill workers place themselves at risk of facing lawsuits that do not have the same limitations as workers’ compensation claims. The employers do not have the benefit of certain defenses when facing a personal injury lawsuit. Such defenses (which are ordinarily available to a defendant in a personal injury lawsuit) include assumption of risk, contributory negligence, co-worker negligence, and “last clear chance.” Additionally, the amount of compensation available to an injured or ill worker will not be capped as is the case with compensation available through workers’ compensation coverage.

Because some workers may not have the benefit of workers’ compensation coverage, it is important for these workers to obtain the help of an El Paso Work Injury Lawyer to discuss legal options, such as filing a lawsuit or seeking to settle a claim without going to court.

Workers’ Compensation Benefits

Workers’ compensation consists of various types of benefits. Injured or ill workers, and in some cases, dependents of deceased workers, should be aware of the following benefits available under Texas workers’ compensation laws:

  • Medical Benefits – Most injuries and illnesses require medical treatment, and the type of medical treatment will differ based on the nature and extent of the workplace injury or illness. The cost of medical treatment can quickly add up into the tens of thousands of dollars, especially for injuries or illnesses that require surgical intervention or long hospital stays.
  • Income Benefits – An injured or ill worker may not be able to work for a significant period of time following an accident. Income benefits allow a worker to pay his or her bills while being out of work and helps to ensure the worker has the chance to return to work if he or she recovers after sustaining injuries or illness.
  • Death Benefits – In the unfortunate case where a worker suffers death from a workplace accident, death benefits are available to spouses and dependents who are disadvantaged after losing not only a loved one but a crucial source of income.

All benefits have limitations under Texas law, and such benefits will vary from person to person. As such, it is important to speak with an El Paso Work Injury Lawyer about what the limit on benefits would be in a given case.

Steps to Take if Your Workers’ Compensation Claim Has Been Denied

If you have pursued a workers’ compensation claim and your claim has been denied, you should seek the guidance and advice of an El Paso Work Injury Lawyer. If a claim has wrongfully been denied, you need a lawyer on your side to advocate for your rights under Texas law. Many injured or ill workers do not know what to do when their claim is denied, and they may find themselves out of work and facing medical bills they cannot afford. With the help of an attorney, many workers can receive the compensation they need.

How to Report a Workplace Injury

As discussed above, injured or ill workers must report a workplace accident within thirty (30) days of the accident or within thirty (30) days of learning that the injury or illness is related to a workplace accident. For injured or ill workers who do not have the option of filing a workers’ compensation claim, they should report their injuries to an El Paso Work Injury Lawyer right away to discuss legal options such as filing a personal injury claim against the employer and anyone else who may be responsible for causing the workplace accident.

Have You Been Wrongfully Terminated After Suffering a Workplace Injury?

When injuries and illnesses are severe enough to keep a worker away from his or her job for a significant period of time, there is always a chance that an employer will terminate that injured or ill worker. In some situations, an injured or ill worker may not be able to return to the same job, especially when the injury or illness at issue is physically debilitating. However, if an injured or ill worker makes a full recovery, an employer may have no right to terminate that worker.

Contact The Rodrigo V. Ramos Law Firm, P.C. Today to Schedule Your Free Consultation

Suffering a workplace injury or illness and be physically and mentally draining. Know your rights by speaking with an El Paso Work Injury Lawyer about your situation. Contact us today by calling (915) 532-3300 to schedule your free consultation.