Texas Workplace Amputation Injury Lawyer: What Compensation May Be Available?

Each year, workers’ compensation claims nationwide show that amputation injuries are the costliest type, outpacing fractures, dislocations, and burns. An attorney can help injured workers navigate the insurance system, but in Texas there’s an added complication: many employers aren’t legally required to carry workers’ compensation insurance. How victims can seek compensation after a workplace injury in Texas depends on whether the employer has workers’ comp and how the accident happened/who was negligent.

If a workplace accident cost you a hand, foot, or limb(s), understanding what you’re owed can be overwhelming. Because every injury is unique, it’s worth having the Texas work injury lawyers at Carabin Shaw review your case rather than assuming. Read on to learn more about what compensation is available for injured employees. If you’re still unsure where your case fits, we offer a free, no-obligation consultation—contact us online today to schedule yours.

There are two main approaches for a work injury case:

1. Workers’ comp: Provides benefits under a set schedule, regardless of who was at fault, but will likely prevent you from suing your employer.
2. Personal injury lawsuit: If your employer does not have workers’ comp insurance or a third party caused your injury, you may be able to sue and seek full damages.

If your employer has opted out of workers’ comp, Texas law no longer allows them to use common-law defenses like assumption of risk or the fellow-servant rule. This is one of the main reasons why your work injury lawyer in Texas might recommend suing.

Medical costs can stack up, especially with a long treatment period before amputation. For example, studies of thousands of California workers’ comp claims have shown that a long delay can increase costs by over $5000 on average.

Beyond medical expenses, a Texas workplace amputation lawyer can ensure your claim also covers:

• Lost wages and diminished earning capacity
• Vocational rehabilitation costs
• Permanent impairment benefits
• Lifetime income benefits for specified amputations, including both hands, both feet, or one hand and one foot in combination

However, full economic recovery is often possible only through a lawsuit. For instance, single-limb amputation instead receives a capped non-lifetime benefit, so your Texas lawyer may build a lawsuit to bridge compensation gaps.

Workers’ comp doesn’t cover certain intangible losses, which can only be covered through a lawsuit:

• Pain and suffering
• Disfigurement
• Loss of enjoyment of life
• Loss of consortium
• Emotional distress

A workplace amputation lawyer also sees firsthand how the insurance model reduces injury to numbers on a page. Sometimes, filing a legal claim gives you more control over your own story by forcing an employer to face the full scope of your losses.

An amputation accident attorney considers every avenue of compensation available. You might be able to sue a nonsubscribing employer for exemplary damages if their negligence was extreme or reckless. If defective tools or equipment were involved, you could also have a third-party product liability claim.

Carabin Shaw’s expert legal team values your lifetime costs, deals with insurance companies, and helps you navigate the decision between workers’ compensation and a lawsuit. If you’re still unsure, read our law firm’s client reviews for firsthand testimony of everything we can do for you.

There’s no doubt that an amputation injury changes your life, but you don’t need to suffer without support. We lower financial barriers to legal aid by requiring no upfront costs, so you pay nothing unless we win your case. Call our toll-free number 1-800-862-1260 to speak with our staff in English or Spanish at any time, day or night.

For more information:

• Injury Facts
• Texas Statutes 406
• Ovid
• Texas Statutes 408