Work Injury Lawyers in Houston

Can I sue my employer for a work injury in Texas?

Texas is unique in that it does not require your employer to offer workers’ compensation, and even if they do, you might not want to accept it. In the chaotic aftermath of a work-related injury, the first question that you must ask yourself (or ideally, your attorney) is, “Should I take workers’ comp or sue my employer?” 

Here are a few things to keep in mind:

• Not everyone carries workers’ comp. If your employer does not subscribe to workers’ compensation insurance, you will have to pursue a personal injury lawsuit or claim directly against them.
• Gross negligence and intentional harm. In cases of gross negligence or intentional harm, even if your employer carries workers' comp insurance, Texas law may allow you to file a lawsuit, and you should consider doing so. 
• Third-party claims. Sometimes, a third party (like a contractor, equipment manufacturer, or property owner) may have contributed to your injury. If this is the case, you’ll likely need to file a lawsuit against them directly, as opposed to your employer.

Whether you decide to make a workers’ compensation claim or sue your employer for negligence, your decision should be based on the facts. The team at Calderon Law Firm can collect evidence and carefully analyze the circumstances of your case so that we can best determine your options and put you on a path toward what you deserve. 

Should I accept workers’ compensation for my work injury in Texas?

While workers’ compensation is an essential support system for workers in Texas, the system does have its limitations, and accepting a workers’ comp claim blindly can sometimes put you at risk in the long run. 

For instance, making a workers’ comp claim can help you cover your medical expenses and a portion of your lost wages, but it won’t cover essential non-economic damages related to your suffering or loss of quality of life. 

You can see how many workers face a tough decision: accept workers’ comp and forget about receiving additional damages, or pursue a potential lawsuit for a more comprehensive settlement.

The most important things to remember about filing a claim and accepting workers’ compensation are:

• Once you accept a settlement, you won’t be able to file additional claims for your injuries — even if you have ongoing medical care that has not been paid for. 
• Workers’ compensation claims will not cover non-economic damages, like pain and suffering or loss of quality of life.
• Accepting workers’ compensation means playing by their rules, going to their doctors, and accepting their terms — often in situations where you will need much more than they offer. 

Pros and cons of hiring a workers' comp attorney

Hiring an experienced workers' comp attorney can make a serious difference in the outcome of your case and, ultimately, your recovery. Here’s a look at some of the benefits and potential drawbacks of hiring an attorney to represent you in a workers’ compensation case:

If you’re still on the fence about hiring a work-related injury lawyer, give us a call. We’ll tell you what workers' comp lawyers won’t tell you, including the truth about what you can expect to get with and without us and if your case warrants bringing in an attorney at all. 

How to find the best work injury attorney in Texas for your case

After being injured on the job, you don’t need just any attorney; you need the right Houston work injury attorney for your case. Choosing the right work injury lawyer can make all the difference in your case and how well you’re taken care of in the future. 

Here are some essential steps to take and a few qualities to look for when picking an attorney to handle your case:

1. Look for recommendations and reviews from past clients. Client testimonials can give you a look into how people feel after their relationship with the attorney has concluded. You’re likely to get a pretty honest picture of what working with an attorney is like from their previous clients. 
2. Check their credentials. Are they respected among their peers? Do they have Super Lawyers nominations? Are they on the National Trial Lawyers Association’s Top 40 Under 40 list?
3. Make sure they’re trial lawyers, like Jose Calderon. If an attorney cannot eventually go to trial to defend your rights, you shouldn’t be hiring them at all. 
4. Set up a consultation and ask them about their experience in work injury cases. It’s important that they feel good about your case and that there is a good reason for you not to be taking workers’ compensation in the first place.

At Calderon Law Firm, we only take your case if we truly think we can win it. Your well-being is our guiding principle, so if we think you’re better off taking workers’ compensation rather than hiring a work injury lawyer, we’ll tell you just that. 

Common causes of work injuries in Texas

Work injuries happen across industries but are particularly common in the oil and gas and petrochemical industries in Texas. Although causes of injuries run the gamut, some more common reasons for accidents that the Houston offshore accident attorneys and plant explosion attorneys at Calderon see include:

• Slip and falls. Slippery or obstructed surfaces often lead to severe injuries and are one of the most common causes of on-the-job accidents. 
• Heavy machinery accidents. Improperly maintained or faulty machinery often results in severe injuries in construction or industrial settings.
• Repetitive stress injuries. Continuous strain on certain body parts, like in typing or lifting, can cause long-term injuries.
• Chemical fires and explosions. Whether you’re on a deep sea oil rig or an inland petrochemical plant, when flammable materials are being extracted or refined on-site, you put yourself at serious risk for injury. 
• Vehicle-related accidents. Delivery drivers, truck drivers, warehouse workers, and construction workers are at particular risk of vehicle-related injuries.

No matter what led to your injury, the work injury lawyers at Calderon Law Firm can help you seek justice for it. Other than workers’ compensation insurance, the largest complicating factor in work injury claims is that liability is not always easy to determine.

Because worksites often have countless third-party contractors working together with workers who are employed by your actual employer, it can be hard to know who is responsible for what. Large corporations are often able to reduce their liability by contracting out a number of critical services — and it can make determining liability a nightmare. 

This is yet another reason why you have to hire an experienced and dedicated Houston work injury lawyer to handle your work injury case. 

How long after a work injury can you sue in Texas?

Texas law enforces a two-year statute of limitations for almost all personal injury claims, which means you generally have two years from the date of your injury to file a lawsuit. In work injury claims, however, there are some complicating factors:

• Workers' compensation claims: If your claim goes through the workers' comp system, you must report the injury to your employer within 30 days and file a workers' comp claim within one year of the accident.
• Maritime claims: If you’re covered under the Jones Act or the Longshore and Harbor Workers' Compensation Act, you may have three years to file your claim. 

Meeting deadlines in your injury claim is absolutely crucial, as missing deadlines can mean forfeiting your right to compensation for your injury. To avoid missing important deadlines, make sure you contact a trusted attorney as soon as you possibly can after you’re injured. 

The work-related injury lawyers at Calderon Law Firm are ready to fight

At Calderon Law Firm, we believe that every injured worker deserves justice and fair compensation. While you can’t trust that corporations and insurance companies will always do the right thing, hiring an attorney with a fiduciary duty to represent your best interests can put an ally you can trust by your side to help you navigate the road ahead. 

Whether you need a car accident lawyer, a truck accident lawyer in Houston, or an attorney to help you pursue damages for a tragic wrongful death, the attorneys at Calderon are standing by to protect your rights and help you get what you deserve.

Call Calderon Law Firm at (346) 999-5673 or contact us online today to schedule a free consultation.