The Gray Law Firm, P.L.L.C.
If you or a loved one have been injured in a motor vehicle incident, an on-the job incident, or some other incident wherein another person’s negligence caused your injuries, you may have the right to recover your damages from that person. However, you should not let time go by for too long without seeking the advice of an attorney. As time passes, evidence may be destroyed or disappear, and witnesses’ recollections of the incident may fade.
What are my damages?
Under Texas law, and in most other jurisdictions throughout the country, someone who is the victim of negligence may recover for: property damage (vehicle); medical bills past and future; lost wages past and future; disfigurement past and future; impairment past and future; and pain and suffering and mental anguish past and future. Under certain circumstances, the spouse of an injured person may recover for loss of consortium past and future. And there may be additional damages for which you may recover, depending on the facts and nature of your case.
If the insurance company for the person or company who injured me is not paying for my damages, am I out of luck?
Not necessarily! Some insurance companies will use clever negotiating tactics to either settle with you for pennies on the dollar, or will try to persuade you that you do not have a legitimate claim. And on a few occasions, they will try to “drag out” the negotiations so long that your statute of limitations will expire before you have time to hire a lawyer. (The length of the statute of limitations [mandatory time period within which the lawsuit must be filed or be forever barred] depends on the type of case and the state within which the cause of action accrued) That is one reason why it is important to consult with an attorney sooner rather than later, if you intend to make a claim.
How will I pay for my medical bills and support my household?
Health insurance will cover the medical expenses on many occasions. For those who do not have health insurance, some healthcare providers will accept a “Letter of Protection” from an attorney. A letter of protection from the attorney to the healthcare provider will basically state that if there is a settlement or recovery, the healthcare provider will be paid from the recovery proceeds. In return, the healthcare provider will refrain from turning the bills over to a collection agency until the case is resolved, giving the patient the opportunity to recover his or her damages before having to pay the bills. There are also other avenues that may be available to someone who has been injured but does not have the financial means to pay the medical bills.
If my employer does not have worker’s compensation insurance, are they still responsible for my on the job injury?
In Texas, if an employer is not a subscriber to the Texas Workers Compensation system, it is considered a “non-subscriber”. If that is the case, then you may pursue your claim against your employer in a court of law. If the employer is a subscriber, you are required to make your claim through the workers compensation system. This means you will not be able to pursue your case in court of law unless there was a death involved as a result of malice.
How do you know whether or not the employer is a subscriber to the workers compensation system?
You can contact the human resource department of the company and ask them. Or, you can call the Texas Workforce Commission or contact them at http://www.twc.state.tx.us to see if the employer was a subscriber. If they are a subscriber, make your claim immediately with the company. A delay may cost you your only remedy.
As mentioned above, if they are not a subscriber, you may sue the employer in a court of law. When suing a non-subscriber, the plaintiff will only need to show that the employer was one percent (1%) negligent. And just because the employer is a non-subscriber does not mean that they do not have insurance. Often times the employer is required to carry some type of liability insurance as a condition of a contract with a customer.
And lastly, there are situations where people are hurt on the job as a result of the negligence of someone other than the employer. In that situation, even though your employer may be a subscriber to the workers compensation system, you may still be able to pursue a claim against the responsible party. These situations include, but are not limited to, instances where you are injured in a motor vehicle collision while on the job, or you are injured by a defective piece of equipment on the job.
Do not assume that just because your employer has workers compensation insurance that you are out of luck. Consult an attorney to make sure you are fully apprised of your options.
If you or a loved one has been injured as a result of someone’s negligence, we can help. Please contact us for a free consultation.
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