Establishing Negligence in an Arlington Burn Injury Claim
Most people who are seriously injured at work will seek to recover compensation through workers’ compensation. But because private employers in Texas are not required to carry workers’ comp insurance, workers who are hurt on the job in Arlington may find themselves unable to receive these payments.
If you’ve been hurt by a burn injury at work and want to know how to recover compensation—even if your employer does not have workers’ comp—then the experienced Arlington burn injury lawyers at Carabin Shaw are here to help. Read on to learn about personal injury claims after a work injury and to discover how to find the right personal injury lawyer in Arlington.The Basics of Establishing Negligence in an Arlington Burn Injury Claim
Texas victims of workplace accidents who are unable to receive workers’ compensation after their injuries may be able to recover compensation by filing a personal injury lawsuit.
However, in order to win a burn injury lawsuit based on negligence, your attorney must be able to prove the following:
- The defendant owed you a duty of care. According to negligence torts, individuals must take reasonable care to avoid causing harm to others. “Reasonable care” is dependent on context and the relationship between parties. However, employers owe their employees a duty of care to provide a safe workplace environment.
- The duty of care was breached (meaning the defendant failed to exercise reasonable care).
- The defendant’s breach of duty caused your injuries. It is not enough to prove that your employer was negligent—your attorney must also be able to prove that this lack of care caused your burn injuries.
If you can establish that you were burned by negligence, Texas law allows you to recover various damages for your losses, including:
- Past and future medical expenses
- Other financial expenses caused by your burn injuries
- Pain and suffering damages
- Punitive damages (in cases involving either malice or gross negligence)
You cannot file a personal injury claim against your direct employer in most circumstances, and it is unlikely that you will be able to do so if your employer does offer workers’ compensation. However, you may still be able to file a personal injury claim if the burn was the fault of a third party, or caused by any corporate defendant other than employer—such as a subcontractor.
Many burn accident victims are uncertain of all the various factors and parties that may have played a contributing role in their accident. That’s why it’s so crucial to contact a qualified attorney after a serious burn injury. A good lawyer will conduct a thorough investigation into the circumstances surrounding the accident and help you understand which parties may ultimately be held liable.Have You Been Hurt by a Serious Burn? Consult with the Top Texas Lawyers at Carabin Shaw
If you’ve been hurt by a serious burn injury and you suspect negligence played a role in your injuries, the best thing you can do for yourself is to contact a personal injury lawyer in Arlington as soon as possible.
Fortunately, the top Texas lawyers at Carabin Shaw have more than 200 years of combined legal experience, as well as two decades of experience handling burn accident claims. We are passionate about defending the legal rights of burn accident victims, and we’ve helped hundreds of clients win the settlements they deserve.Free Case Review
So call our office serving Arlington today for a free consultation and initial case review with one of our experienced lawyers at 800-862-1260 or simply fill out our online form. Don’t wait—find out what a talented Arlington burn injury lawyer can do for your case today.