Dallas Work Injury Lawyers

Have you been injured in a workplace accident in Dallas? If so, you may feel confused about your rights and uncertain of the next steps to take. As Dallas work injury lawyers, we understand how difficult this time can be.

Our team at Crain Brogdon LLP has decades of experience helping clients just like you get the compensation and justice they deserve. We know the complex laws around workplace accidents and workers’ compensation in Texas, and we will handle the paperwork, calls, and negotiations so you can focus on your recovery.

If you were injured at work through no fault of your own, the costs of medical care and lost wages should not be your burden to bear alone. Please contact our office today for a free consultation. We are here to answer your questions, review the details of your unique situation, and start building your case. You do not have to go through this process alone.

What Constitutes a Work-Related Injury in Dallas?

If you have suffered an injury, illness, or other health issue related to your job in Dallas, you may be entitled to workers’ compensation benefits. Workers’ compensation provides wage replacement and medical benefits to employees who are hurt or become sick due to work-related causes.

What constitutes a work-related injury in Dallas?

Any injury, illness, or health condition that arises out of the course and scope of your employment likely qualifies as work-related. This includes accidents and injuries that happen while:

• Performing your regular job duties: This includes tasks that are specifically part of your job description, as well as tasks that are incidental to your job duties. For example, if you are a construction worker and you are injured while using a power saw, your injury is likely work-related. Even if you are not specifically required to use a power saw as part of your job, it is still a task that is incidental to your job duties as a construction worker.
• Engaging in activities reasonably related to your employment: This includes activities that are not specifically part of your job duties, but that are nonetheless connected to your job. For example, if you are a salesperson and you are injured while driving to a client’s appointment, your injury is likely work-related. Even though driving to a client’s appointment is not specifically part of your job duties, it is still an activity that is reasonably related to your job as a salesperson.
• Traveling for business reasons: This includes travel that is necessary for your job, such as travel to a conference or to meet with a client. Even if you are not on the clock while you are traveling, your injury is likely work-related if it happens while you are traveling for business reasons. For example, if you are a software engineer and you are injured while traveling to a conference to give a presentation, your injury is likely work-related.
• Attending employer-sponsored events: This includes events that are sponsored by your employer, such as company parties or training seminars. Even if you are not on the clock while you are attending an employer-sponsored event, your injury is likely work-related if it happens while you are attending the event. For example, if you are a nurse and you are injured while attending a company party, your injury is likely work-related.

The key factor is whether the injury or illness is connected to and originates from your work activities, environment, or requirements. If so, it should be covered under workers’ compensation.

Some other examples of potentially work-related injuries or illnesses include:

• repetitive stress injuries like carpal tunnel syndrome
• exposure to toxic substances
• violence or trauma at work
• stress or anxiety caused by extreme job demands or harassment.

In summary, if your job caused or significantly contributed to your injury, illness or condition in any way, you may have grounds for a workers’ compensation claim. The experienced Dallas work injury lawyers at Crain Brogdon LLP can evaluate the details of your situation, determine your legal options, and help you pursue the maximum benefits allowed under the law.

The Employer’s Duty of Care to Employees

In Texas, as in most other states, employers have a legal duty to provide a safe work environment for their employees.

Who is responsible for injuries sustained while on duty?

Employers must take reasonable steps to protect their employees from foreseeable hazards. If an employer fails to uphold their duty of care and an employee is injured as a result, the employer may be held liable for the employee’s injuries.

There are a few exceptions to this rule. For example, an employer may not be liable if the employee was injured due to their own negligence. Additionally, an employer may not be liable if the injury was caused by a third party. However, these exceptions are narrow and, in most cases, employers will be held liable for injuries sustained by their employees while on the job.

The duty of care owed by employers to employees

The duty of care owed by employers to employees is a high one. Employers must take all reasonable steps to protect their employees from foreseeable hazards. This includes things like:

• Providing safe equipment and tools
• Training employees on how to use equipment and tools safely
• Enforcing safety policies and procedures
• Maintaining a safe work environment.

Employers must also be proactive in identifying and addressing hazards. This means that they must not only take steps to correct known hazards, but they must also be on the lookout for potential hazards that may not yet be known.

How to determine if an employer has breached their duty of care

If an employee is injured while on the job, the first step is to determine if the employer breached their duty of care. To do this, you will need to consider the following factors:

• The nature of the hazard that caused the injury
• Whether the employer knew or should have known about the hazard
• Whether the employer took reasonable steps to protect employees from the hazard.

If you can show that the employer breached their duty of care, you may be able to recover damages for your injuries. However, it is important to note that proving a breach of duty of care can be a complex and challenging process. You should speak with an experienced workers’ compensation attorney to discuss your case and determine your legal options.

The types of damages that can be recovered for injuries sustained while on duty

If an employer is found liable for an employee’s injuries, the employee may be able to recover a variety of damages, including:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress
• Permanent disability.

The amount of damages that an employee can recover will depend on the specific facts of their case. However, in general, employees who are injured on the job are entitled to be compensated for all of their losses.

How to Report Your Work Injury and Get Medical Help

If you suffer an injury while at work in Dallas, it’s important to take the proper steps to protect your rights. Here is what you need to do:

Report the Injury to Your Employer

Notify your employer about your work injury as soon as possible, ideally within 30 days. Provide details about how, when and where the injury occurred. Get the contact information for your employer’s workers’ compensation insurance carrier.

Seek Medical Attention Right Away

See a doctor for diagnosis and treatment, even for minor injuries. Inform the doctor that your injury was work-related. Get copies of all medical reports and bills for your records. Follow the doctor’s recommended treatment plan to ensure maximum medical improvement. Failure to get timely medical help can jeopardize your claim.

File a Workers’ Compensation Claim

You will need to file a claim with your employer’s workers’ compensation insurance provider to open a case for your work injury. This must be done within one year from the date of injury in most situations. The insurance company will review your claim and medical records to determine if your injury qualifies for benefits under Texas law.

Keep Records of Everything

Maintain records of all details regarding your injury including dates, times, witnesses, doctors’ reports, bills, prescriptions, etc. These will be important for establishing your claim. Also, keep records of time missed from work due to your injury.

If at any point you feel you are not receiving the benefits you are entitled to or are encountering issues in the claims process, do not hesitate to contact an experienced Dallas workers’ compensation attorney for guidance. They can help ensure your rights are protected and that you receive fair compensation for your workplace injury.

Workers’ Compensation Payout

If you were injured at work in Dallas, you may be entitled to workers’ compensation benefits. The workers’ compensation system in Texas is designed to provide income replacement and medical care for employees who suffer work-related injuries or illnesses.

Temporary Income Benefits (TIBs)

Temporary Income Benefits (TIBs) provide partial wage replacement if you are unable to work for more than seven days due to a work-related injury. TIBs pay approximately 70% of your average weekly wage, subject to a maximum amount. These benefits continue until you are able to return to work or until your claim is resolved.

Impairment Income Benefits (IIBs)

If your work-related injury results in a permanent disability, you may be entitled to Impairment Income Benefits (IIBs). IIBs are paid based on the severity of your impairment rating. For example, the loss of one eye would typically result in a 30% impairment rating and the loss of one arm may result in a 60-75% rating. IIBs are paid out over a fixed number of weeks depending on your rating.

Supplemental Income Benefits

Supplemental Income Benefits (SIBs) provide wage replacement if you are able to return to work but at a lower paying job as a result of your work injury. SIBs make up the difference between your post-injury earnings and your pre-injury average weekly wage, up to a maximum weekly amount. These benefits continue for up to 401 weeks.

Lifetime Income Benefits (LIBs)

If your injury renders you permanently and totally disabled, you may qualify for Lifetime Income Benefits (LIBs). LIBs provide supplemental income for life to compensate for your loss in earning capacity. The amount of LIBs depends on your pre-injury and post-injury earning capacity.

The workers’ compensation system can be complicated, but a Dallas workers’ compensation lawyer can help you determine what benefits you may be entitled to and help you pursue the maximum compensation available under the law. Contact a reputable law firm today to discuss your options and get the help you need.

What if my Workers’ Compensation Claim Has Been Denied?

In Texas, if your workers’ compensation claim is denied, you have the right to appeal the decision.

There are a number of reasons why a workers’ compensation claim might be denied. Some of the most common reasons include:

1. The injury or illness was not caused by work.
2. The injury or illness was not serious enough to warrant workers’ compensation benefits.
3. The worker did not report the injury or illness in a timely manner.
4. The worker failed to cooperate with the insurance company’s investigation.

If your workers’ compensation claim is denied, you have the right to appeal the decision. You can appeal the decision by filing a petition with the Texas Workers’ Compensation Commission (TWCC).

The TWCC will review your case and make a decision. If the TWCC upholds the denial of your claim, you can appeal the decision to a court of law.

It is important to note that the time limits for appealing a denied workers’ compensation claim are very strict. You must file your appeal within 60 days of the date of the denial.

If you have been denied workers’ compensation benefits, it is important to speak with an experienced workers’ compensation attorney at Crain Brogdon LLP as soon as possible. An attorney can help you understand your rights and options and can represent you in the appeals process.

Here are some tips for appealing a denied workers’ compensation claim in Texas:

• File your appeal within 60 days of the date of the denial.
• Gather all of the evidence that supports your claim, such as medical records, witness statements, and photographs.
• Write a clear and concise appeal letter that explains why you believe your claim should be approved.
• Be prepared to attend a hearing before the TWCC.

If you are denied workers’ compensation benefits, you do not have to give up. With the help of our experienced attorneys, you may be able to get the benefits you deserve.

Third-Party Personal Injury Claims

In Texas, workers’ compensation is a no-fault system, which means that employees are entitled to benefits regardless of who is at fault for their injuries. However, there are some cases where an employee may be able to file a third-party personal injury claim against someone other than their employer.

For example, if an employee is injured in a car accident while on the job, they may be able to file a third-party claim against the driver of the other car. Similarly, if an employee is injured by a defective product while working, they may be able to file a third-party claim against the manufacturer of the product, or if you are assaulted by a fellow employee or customer you may claim personal injury compensation directly from the responsible party.

In order to file a third-party personal injury claim, the employee must be able to prove that the third party’s negligence caused their injuries. This means that the employee must show that the third party acted carelessly or recklessly, and that their negligence was a direct cause of the employee’s injuries.

If the employee is successful in their third-party claim, they may be able to recover damages for their medical expenses, lost wages, pain and suffering, and other losses. However, it is important to note that third-party claims can be complex, and it is advisable to speak with one of our experienced attorneys if you are considering filing one.

Work Injury Claim FAQs: Answers to Your Most Pressing Questions

If you have been injured at work in Dallas, you likely have many questions about the process for filing a work injury claim and seeking compensation. Below are answers to some of the most common questions we receive from clients.

Is my injury covered under workers’ compensation in Texas?

In Texas, most work-related injuries and illnesses are covered under workers’ compensation insurance. This includes injuries that happen on the job, during work hours, while performing work duties, or while on a work-related trip. Occupational diseases that develop over time due to workplace conditions may also be covered. The key is that the injury or illness must arise out of and occur during the course of employment.

How long do I have to report an injury at work in Texas?

You must notify your employer about an on-the-job injury within 30 days of the date of injury or initial diagnosis of an occupational disease. It is in your best interest to report your injury as soon as possible, ideally within 24 to 48 hours. Failure to report a work injury in a timely manner can jeopardize your ability to receive workers’ compensation benefits.

Can I sue my employer for pain and suffering in Texas?

In most cases, Texas workers cannot sue their employers for on-the-job injuries. Instead, the Texas workers’ compensation system provides benefits like medical care, income benefits, and rehabilitation services.

However, there are exceptions that may allow an injured worker to file a personal injury lawsuit against their employer, such as if the injury was caused by the employer’s intentional act or gross negligence. Our attorneys can evaluate the details of your work injury to determine if you have grounds for a third-party personal injury claim.

Can I file a workers’ compensation claim if I am an independent contractor or self-employed?

No, if you are self-employed or an independent contractor you are not considered an employee and therefore cannot file a workers’ compensation claim. You may however still be able to file a personal injury claim again the responsible party.

How do I receive compensation if my workers’ compensation claim is successful?

If you are awarded compensation benefits, you can elect to have them distributed in the following ways:

• Check
• Electronic Funds Transfer (EFT)
• Access Card.

In order to qualify for the EFT option, you must be eligible for at least eight weeks of compensation and have a checking or savings account.

At Crain Brogdon LLP, our experienced Dallas work injury attorneys can answer your questions, guide you through the workers’ compensation claims process, and help you pursue the maximum benefits allowed under the law. We offer free initial consultations to review the details of your case. Contact us today to get started.

Why Choose Us at Crain Brogdon?

When seeking compensation for an on-the-job injury in Dallas, you need an experienced law firm with a proven track record of success. At Crain Brogdon LLP, our attorneys have over 125 years of combined experience helping clients in situations similar to yours. We know how to investigate work injury claims, deal with insurance companies, and pursue maximum compensation.

Skilled Legal Representation

Our attorneys are well-versed in Texas workers’ compensation law and procedures. We can determine if your employer’s negligence led to your injury and if you may be entitled to additional damages. We handle the entire legal process so you can focus on your recovery.

A Track Record of Success

Over the years, we have successfully recovered over $300 million in settlements and verdicts for clients. We know how to build a compelling case and are not afraid to go to trial to fight for full and fair compensation on your behalf. Our success rate speaks for itself.

Personalized Service

We provide one-on-one guidance and support for every client. You will work directly with an experienced attorney who will get to know the details of your unique situation. We return calls promptly and keep you informed and involved in the progress of your case every step of the way.

Contingency Fee Basis

We work on a contingency fee basis, meaning we only get paid if we recover compensation for you. There are no upfront costs or fees. We deduct our fee from the settlement amount, so you have nothing to lose by contacting us for a free initial consultation.

Your Satisfaction is Our Priority

Our goal is to provide exceptional service and help you obtain maximum compensation following a work injury. We do not consider a case closed until you are satisfied with the outcome. Your satisfaction and well-being are our top priorities.

When misfortune strikes at work, you need advocates in your corner to protect your rights. The attorneys at Crain Brogdon LLP have the experience and dedication to advocate for Dallas workers and pursue fair compensation on their behalf. Contact us today for a free consultation and let us help you navigate the legal process during this difficult time.

Conclusion

As an employee injured on the job in Dallas, the days and weeks following your accident can be overwhelming and confusing. However, you do not have to go through this difficult process alone. The attorneys at Crain Brogdon LLP have over 125 years of experience helping people just like you get the compensation and justice they deserve. Their knowledgeable team can guide you through the workers’ compensation system, handle negotiations with insurance companies, and take your case to court if needed.

With Crain Brogdon LLP, you have dedicated advocates fighting for you each step of the way so you can focus on your recovery. If you’ve been injured at work, don’t wait to get the help you need. Contact Crain Brogdon LLP at (214) 522-9404 today for a free consultation. Justice and fair compensation are within your reach.

Attorney Quentin Brogdon

Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]