Steps to Take When You Suffer A Workplace Injury During the Holidays
When you’re hurt at work because of someone else’s negligence, your first thoughts are often about filing a workers’ compensation claim to recover for lost wages, as well as any necessary medical expenses. In Texas, though, unlike other states, employers are not required to subscribe to the state’s workers’ compensation system (although the majority of employers do).
What should you do if you’re hurt at work during the holidays but your employer is a nonsubscriber to workers’ compensation?
You Can Still Seek Compensation for Your Workplace Injury in Texas
Don’t worry—the fact that your employer has opted out of the Texas workers’ compensation system doesn’t mean that you don’t have recourse, that you can’t pursue damages for lost income, unpaid medical bills, pain and suffering, or loss of enjoyment of life. The process will simply be different.
Instead of seeking benefits through the workers’ compensation insurance provider, you’ll need to file a lawsuit directly against your employer. While some of the steps are the same regardless of whether your employer subscribes to workers’ comp, others are different.
Steps You Must Always Take
Whether your employer subscribes to workers’ comp or not, you should:
- Give top priority to your health and wellbeing—Before you do anything else, you need to get all necessary medical care. Don’t wait until your shift is over, and don’t try to minimize your injuries. If you’ve suffered injury to your head, neck, or back, don’t try to move; instead, wait until emergency personnel arrive. Even if you feel like you can walk away from the accident, seek immediate medical attention, whether at a hospital emergency room, urgent care facility, or the office of your primary care physician. Be certain you tell medical professionals about anything that seems out of the ordinary and ask that they document everything in writing.
- Notify your employer as soon as possible—If you wait to inform your boss, you run the risk that your employer will allege that you suffered your injuries at some later date and that the injuries were not work-related.
- Gather evidence, if possible—You can help your attorney in a number of ways. First, identify anyone who witnessed the accident. Look around and see who’s there. Document those present and what happened in writing, if possible. Take pictures of anything that may be related to the accident, using the camera on your phone, if necessary.
- Hire legal counsel to protect your rights—Whether or not your employer subscribes to the Texas workers’ compensation system, you’ll still want a proven lawyer to protect your rights.
How the Process Differs When Your Employer Does Not Subscribe to the Texas Workers’ Comp Program
If your employer has opted out of the state’s workers’ compensation system, you will need to file a personal injury lawsuit to protect your rights and get compensation for your losses. Don’t ever try to do this on your own. Your first step should be to hire a knowledgeable and proven personal injury attorney, someone who has successfully recovered compensation for others in similar circumstances:
- Your attorney will be your advocate with all necessary parties, including your employer, your employer’s legal counsel, and any insurance companies.
- Your lawyer will know what needs to be filed and when to file it. Your attorney can draft all necessary documents and ensure that they are submitted to the court in a timely manner.
- Your attorney will know what your case is worth and fight to get the compensation you need and deserve.
With a personal injury claim, you’ll have to file a lawsuit in civil court. That lawsuit must be filed within a certain period of time after your injury. Your lawyer will know the deadline and ensure that things are properly handled.
It’s important to understand, though, that the process for recovering compensation is typically much longer when you file a personal injury lawsuit than when you file a claim for workers’ comp benefits. Once a workers’ compensation claim is approved, you could start receiving checks within a few weeks. However, with a personal injury lawsuit, you may wait years for a final resolution unless you’re able to reach a settlement agreement.
At Bailey & Galyen, we know the devastating impact a personal injury can have in your life. Over the last 40 years, we’ve aggressively advocated for people across Texas who have been hurt because of the negligence of others, including clients injured on the job. In our decades of practice, we have recovered hundreds of millions of dollars in judgments and settlements for injured people throughout the Lone Star State and across the nation.
We will be a strong voice for you throughout the legal process, from the initial filing of your complaint through the gathering of evidence, trial, and the final resolution of your lawsuit. Contact us by email or call our offices. Our phones are answered 24 hours a day, seven days a week.
