Houston Workplace Injuries Attorney
Each year, millions of employees are injured at work and many of those injuries are serious and sometimes can unfortunately even result in death. If job related injuries such as burn injuries, head injuries, spinal cord injuries or back injury are the result of employer or co-worker negligence, employees are entitled to compensation to cover their damages. In the case of death families of the victims are also entitled to compensation. This compensation can be gained in two ways. Depending upon the circumstances of the injury this compensation can come through either the workers’ compensation system or through a personal injury claim.
Hiring an attorney who is well-versed in the subtleties of personal injury cases will increase your chances of having a successful outcome. Otherwise, should you approach the claim alone, you will face stiff resistance from your employer’s insurance company. Gomez Law Firm has over 15 years experience in the field of personal injury and can call upon this experience and knowledge to ensure you are justly compensated. Attorney Jorge L. Gomez is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and is one of less than 1,700 attorneys in Texas who have such a certification.
In general, employees are not given the right to sue their employers if they have sustained an injury in the workplace and their employer has workers’ compensation. They can, however, pursue a workers’ compensation claim which is known as the “exclusive remedy rule.” Despite this fact there are a few exceptions to this rule, notably, if the employee dies and the employer is shown to have been grossly negligent. Another exception is if the employer does not have workers’ compensation then the employee can make a claim directly against his employer.
Pursuing Third-Party Claims
When your injuries are covered by your employer’s workers’ compensation but were caused by a third party, another option available to pursue is a third-party claim. In most cases third-party monetary recoveries offer greater monetary benefit than the workers’ compensation system. In this type of lawsuit a worker is entitled to recover damages for a number of areas such as past and future medical expenses, loss of wages, and pain and suffering that result from the injury.
Workers’ compensation generally only covers expenses for medical treatment approved by the insurer, 70% of loss of wages, and in some cases, a cash award when injuries sustained result in permanent disabilities. Thus, it is always important to look for potential third party claims to ensure the biggest recovery for any injured employees. If you have suffered a serious injury at work do not only settle for the workers’ compensation system make sure to look for any viable third party claims. Contact an experienced and knowledgeable attorney skilled in personal injury cases and give yourself the representation you deserve.
Why Gomez Law Firm can Help You
Of the millions of workers injured each year, too many settle for the paltry sums offered by the workers’ compensation system, and as a result, are left suffering financially, mentally and physically. You need a personal injury attorney who is dedicated to your cause and will utilize all the resources at their disposal to explore every possible source of compensation for your injuries. The process is a complicated one and requires diligent examination of your case in order to prove third party liability.
If you or someone you know has suffered an injury at work and needs expert legal advice and representation in order to begin fighting for a fair compensation, Gomez Law Firm can assist you in getting the monetary award you deserve. For a free consultation contact Gomez Law Firm today at (713) 868 5528. The sooner you call, the sooner we can begin building your case to get you what you deserve.