Suffering After a Midland Work Injury?
If you are suffering after a Midland work injury, you are likely wondering about your legal options. Filing a workers’ comp or personal injury claim is your best hope for receiving compensation for the economic and non-financial impacts of your injuries, but the legal process can seem too complicated to handle on your own. You may not be sure where to begin.
Fortunately, quality legal assistance is available to you at no financial risk. The Texas attorneys at Carabin Shaw specialize in work injury claims, and have helped several clients in situations like yours. Our legal team offers contingency agreements, meaning that you will not be charged legal fees unless your claim is successful.
If you have any questions about our services, or if you are interested in beginning your legal process, you can set up a free, no obligation initial consultation and case review at 800-862-1260. Our staff is available to take your calls 24/7.Should I File a Personal Injury Claim or a Workers’ Comp Claim?
Most states require employees to provide coverage for workers’ compensation. Texas, however, allows them to opt out. Your legal route after a work injury in Midland will vary depending on whether or not your employer provides workers’ comp.
If your company subscribes to workers’ comp, you will have to file your claim internally. Workers’ compensation claims are more likely to succeed than personal injury claims because the claimant does not have to prove fault on the part of their employer. However, workers’ comp payouts are also subject to stricter limits than settlements for personal injury claims.
Filing a workers’ comp claim can be a complicated process. You will have to do so within 30 days of your injury, and will also have to notify the Texas Division of Workers’ Compensation. Failure to adhere to these deadlines will seriously jeopardize your chance of getting compensation for your injuries. If you decide to file a workers’ comp claim, make sure to consult a work injury attorney in Midland to help you through the process.What Do I Need for a Personal Injury Claim Against My Employer?
If an employer decides to opt out of workers’ comp coverage, they are considered a “non-subscriber.” Non-subscribing companies grant employees the right to sue for personal injury after on-the-job accidents.
Personal injury claims can result in substantial settlements, but also place more burden of proof on the claimant than workers’ comp claims do. You and your attorney will have to show that your injuries were the result of your employer’s negligence.
Some ways in which company negligence can lead to employee injuries include:
- Failing to provide proper safety training
- Hiring dangerously under-qualified workers and supervisors
- Failing to equip workers with necessary safety equipment
- Failing to inspect, maintain, and repair machinery
- Failing to provide workers with adequate break time, or forcing them to work dangerously long hours
- Encouraging workers to break OSHA regulations for the sake of faster work
If you have noticed any of the above behaviors on the part of your employer, it is likely that they are at fault for your injuries and could owe you damages. Look for a lawyer specializing in workplace injury to help you pursue a claim.Free Initial Consultation at Carabin Shaw
Whether it’s through a workers’ comp claim or a personal injury claim, pursuing compensation for workplace injuries is a difficult and time-consuming process. That’s why quality legal counsel is a necessity. The lawyers at Carabin Shaw have extensive experience helping clients receive damages for injuries received at work.
If you would like to learn more about what to expect when working with our legal team, take a look at Carabin Shaw’s client reviews and call 800-862-1260 to schedule a free consultation.