Workplace Injury Lawyers McKinney & Dallas TX

Workplace Injury & Workers Compensation Attorney

Workplace Injury McKinney & Dallas TXAn injury is considered work-related if an event or exposure in the workplace caused or contributed to the condition or even if it significantly aggravated a pre-existing condition.  Injuries occur in all sorts of work environments:

  • Factory based injuries
  • Heavy machinery/equipment operation based injuries
  • Office based injuries
  • Retail based injuries
  • Warehouse based injuries
  • Shipping based injuries

Workplace injuries can affect you and your family in numerous ways if you are unable to work and draw a salary. It is important to know what to do in the event of a workplace accident or illness. If you were injured in the workplace, it could be a very confusing time.  If you cannot work due to an injury, what will you do for money and your benefits?  How is your family going to survive this crisis financially? Understanding how you can get compensated for your injuries becomes important quickly.

Workplace Injury Lawsuit

When you have been injured in the workplace, your first indication may be to file a lawsuit. In Texas, you only have a certain amount of time in which you can file your work injury lawsuit. This is called the statute of limitations. Typically, you have two years from the date of the accident to file your lawsuit. However, it is crucial that you talk to an attorney way in advance of that date to collect evidence and take the steps necessary to build a strong case. If you have questions about filing a workplace injury lawsuit, contact Attorney Joe Lucé.

Third-Party Claims

Many work-related injuries are handled through the Texas workers compensation system, and if you have received any workers compensation benefits on the injury, you are typically barred from suing your employer. However, if a third party – such as a rental equipment supplier was responsible for the equipment that caused your injury, you could have a claim against the third party company in addition to your worker’s compensation claim. Other examples that may create the possibility for a “third-party” claim in conjunction with a workers’ compensation claim are:

  • the manufacturer of defective or dangerous products,
  • the negligence of a co-worker such as the negligent operation of a motor vehicle, or the failure to clean up a spill resulting in a slip and fall
  • carelessness, or violation of a state or federal statute

“Third-party” claims provide monetary damages that are greater in dollar amount than the workers’ compensation benefits that would be available for the same injury.

To determine whether a “third-party” claim exists, prompt investigation and thorough research are necessary. Depending on the type of lawsuit and the identities of those responsible for the conditions or negligence from which the “third-party” claim arises, the time limit for filing a “third-party” work related injury claim may be longer or shorter than those that apply to your workers’ compensation claim. This is even though the two cases are based upon the very same incident. The possibility that a “third-party” claim could arise out of a work injury is another reason why injured workers should promptly retain the services of an experienced law firm. If you or a loved one has been injured in a workplace accident, please callJoe Lucé and his team for a no-cost consultation that will inform you of your rights and the next steps you need to take to secure an on the job injury claim.

Work Injury Compensation

After you have been injured, you may be wondering what type of compensation you can expect. You may be incredibly stressed, unable to return to work, and still in a lot of pain. Sometimes work injuries may leave you with a lasting disability that will require long-term physical therapy, surgery, and ongoing treatment. You should be given monetary compensation to account for that type of injury. Attorney Joe Lucé will work hard to get the compensation you deserve for your work injury. Save all your medical bills, copays, or any other statements showing your damages. Then call 972-346-5180 to make an appointment for a consultation today.

Workers’ Compensation Coverage

When it comes to workers’ compensation coverage, specific coverage does differ depending on the state you live in. In fact, no two states have the same regulations regarding worker’s comp. Regardless of where you live, worker’s comp coverage is designed to help: injured workers get the medical assistance they need and deserve, provide partial compensation during inevitable time off from work (due to said injury), and protect employers from potential lawsuits.

If you’ve been the victim of a workplace injury, don’t hesitate to call Joe Luce’ – we can help provide professional, legal guidance when it comes to your worker’s comp coverage, and get you the compensation you deserve!

 Work Injury Settlement

One of the most common questions we get is regarding work injury settlement amounts. Despite claims, no attorney will ever be able to tell you the exact amount you can expect from a work injury settlement. Even in cases with similar facts, a judge or jury could award a different amount based on subjective factors. It is important that you work closely with your attorney to help collect the facts in your case that could indicate a range of how much you may receive. The first step in working towards a work injury settlement is to schedule a free consultation.

How do I know whether I am covered by workers’ compensation?

Your employer is required by law to post whether they have workers’ compensation coverage or not. If they have a policy, they will place an official notice and make it visible within the workplace. If they are a non-subscriber and do not provide coverage, they are required to post this notice. Your employer is also required to notify you upon your employment regarding workers compensation coverage. While workers compensation coverage is not required in Texas, it is mandatory that your employer inform you if it is available.

What are my employer’s responsibilities under workers’ compensation laws?

Your employer’s responsibilities are laid out under Texas Labor Code 406.002. This statute dictates what your employer must do and what is covered under workers’ compensation. The Texas Department of Insurance (TDI) is a fantastic resource that provides information, forms, and direction regarding many frequently asked questions regarding employer responsibility. If you have questions regarding your employer’s liability or responsibility when it comes to workers’ compensation, contact our office at 972-346-5180 today.

My employer’s insurance company wants me to be examined by another doctor in addition to my own. Is that routine or standard?

In short, yes – it isn’t abnormal for your employer’s insurance company to request that you be examined by another doctor of their choosing. In fact, this is often deemed standard procedure by most worker’s comp insurance carriers.

Here at Joe Luce’, we know how stressful being injured at your workplace can be – even before you begin dealing with your employer’s insurance carrier.

Keep in mind that you don’t need to undergo any of this alone. Our team of legal advocates is well-adept at handling work injury cases. We’d be more than happy to assist you and answer your questions. Contact Joe Luce’ today!

How long do I have to file a claim after I am injured?

As soon as you’ve been the victim of a workplace injury, you’re able to file a claim for worker’s compensation benefits. In fact, the longer you wait after the incident has occurred, the more you risk being denied of worker’s comp altogether.

Insurance companies tend to be very wary of employees who wait for a long period of time before filing a claim – even a matter of weeks could lessen your chances of receiving any type of benefits.

If you have further questions about filing for worker’s compensation, don’t hesitate to give Joe Luce’ a call! Our legal team is always happy to offer their assistance.

Contact Us to Get the Personal Support You Need

We understand that being injured at work can be stressful. Our work related injury lawyers are available for a free legal consultation to discuss your case. Call 972-346-5180 for help with accidents and work injuries in North Texas. Attorney Joe Lucé is happy to assist you navigate the legal system and get the compensation you deserve.