Dallas Work Injury Lawyer

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Dallas Work Injury Lawyer 2019-03-26T15:10:29-05:00

Workplace accidents are often caused by negligence. Our Dallas lawyers will fight for what you’re owed.

Dallas Work Injury Attorney

If you’ve been hurt on the job, don’t let your employer take advantage of you. You have rights, and we’re happy to explain them to you. Call us today at 214-720-6090.

Anyone who has suffered a work injury knows the devastation that it can bring. From lost wages, to mounting medical bills, to the stress of not knowing if you’ll be able to return to your job—dealing with a work injury can be overwhelming to say the least. We understand the pain and hardship that you and your family are going through, and we are here to help.

At Montgomery Law, we work hard to ensure that you get every penny that you deserve—including for any lost wages, medical expenses, pain and suffering, reduced earnings capacity, and other damages related to your injury. We are here to look after your best interests and handle your entire claim from beginning to end—all on a no-win no-fee basis.

Texas is unique when it comes to your rights as an injured worker. Unlike most other states, employers in Texas are not required to provide workers’ compensation to their employees. Employers who purchase workers’ compensation insurance for their employees do so for one very important reason; it prevents their employees (in most situations) from being able to sue the company for an injury sustained on the job. If your employer does not carry workers’ compensation, you’re allowed to seek 100 percent of your related losses through a negligence claim.

Do not make the mistake of trusting your employer to do the right thing. You have rights, and we’re here to protect them. Call us to learn more about your options, and trust that we will keep the details of your matter private and confidential. Even if you’re not yet ready to make a decision regarding your claim at this point, our Dallas work injury lawyers can explain your options moving forward at no cost.

We’re available 24 hours a day by phone or email, so call Montgomery Law today at 214-720-6090 (local) or 1-833-720-6090 (toll-free) for a free consultation.

Discuss your case with a Dallas Work Injury Attorney

Types of Work Accidents

Although most of us associate workplace injuries with certain types of jobs—such as construction or oilfield work—workplace injuries can happen anywhere. The legal options available to you and your family may depend on the type of accident that you had, as well as the severity of your injuries.

Hand and arm injuries are common among workers of all types, while overexertion injuries are frequently seen in workers who engage in labor-intensive or repetitive motions. Foot and leg injuries can occur in almost any type of workplace, while paralysis and traumatic brain injuries are more-commonly seen in construction accidents. Those who work with heavy equipment may be more likely to suffer injuries leading to amputation, while companies that use chemicals or work with high temperatures may have a greater risk of their employees suffering from serious burns.

According to OSHA, at least 5,147 workers were killed on the job in 2017 alone. That’s an average of more than 14 deaths per day. An inordinate number of these workplace fatalities occur in the construction industry, with the most common causes of death being fall accidents, crush injuries, being struck by an object, and electrocution. Based on these numbers, it’s evidence that workplace accidents remain a serious concern, both nationally and here in Texas.

At Montgomery Law, we represent clients who have suffered a range of workplace injuries, including:

  • Falls from Height
  • Crush Injuries
  • Overexertion or Chronic Pain
  • Defective Tools & Equipment

Important Steps to Take after a Work Injury

If you’ve suffered a personal injury at work or anywhere else, remember that nothing is more important than your health. Your first priority should always be to seek medical attention immediately. This will not only help to protect your health, but it will also protect your claim. Delaying treatment is often used by insurance companies as an excuse to deny compensation.

Next, you should report the incident to your employer as soon as possible. If you were involved in a serious accident, your employer may already be on notice of your injury, but you should still file a formal report as soon as you are able to do so. Failing to report any type of injury to your employer (even a repetitive motion injury that developed over time) could result in your claim being denied entirely.

No matter how you were hurt, be sure to document everything thoroughly. This includes writing down everything that you remember about the incident, along with the names of any witnesses. Take pictures of your injuries and of the scene (if possible). Save all of your medical bills as well as any receipts for expenses related to your injuries.

Finally, do not give a recorded statement or attempt to negotiate with the insurance company unless you have discussed your case with an attorney first. It’s extremely important that you consult with a Dallas work injury attorney before you make any decisions regarding your claim. The insurance company is not looking out for your best interests, but we are.

Workers’ Compensation vs Non-Subscribers

As mentioned earlier, Texas is unique in that employers are allowed to opt-out of providing workers’ compensation coverage to their employees. In fact, approximately 33 percent of Texas employers do not provide workers’ compensation coverage at all.

If your employer does have state-approved workers’ comp coverage, you should be eligible to receive certain benefits. This includes medical treatment at no cost and approximately 70 percent of your lost wages. However, in exchange for these benefits, you are effectively barred from filing a lawsuit. If your employer does not have WC coverage (known as a “non-subscriber”), the only way that you will be able to recover for your injuries is if you pursue a negligence-based lawsuit. The good news is that if your employer is a non-subscriber, our law firm can help you seek 100 percent of your related damages—including compensation for pain and suffering.

Be careful though. Some non-subscriber employers have been known to pretend to have workers’ compensation coverage in order to dupe employees into thinking their medical bills will be covered and their job will be protected. Do not take their word when it comes to your health and well-being. Call us and learn your rights. Our law firm can answer your questions and explain your options—free of charge—over the phone or by email.

The Value of Your Case

The value of any work injury case depends on a number of factors, including the extent of your injuries and related losses. In general, there are three main categories of damages (losses) that you may be able to recover: economic, non-economic, and punitive.

Economic damages include any losses that can be readily determined, such as medical expenses, lost wages, and property damage (if applicable). Non-economic damages are more difficult to prove, and may include non-pecuniary damages like pain and suffering, disfigurement, and loss of enjoyment of life. Punitive damages are meant to punish a wrongdoer and/or deter others from engaging in similar conduct, but are typically only available in cases involving gross negligence.

Although it is difficult to put a fair dollar amount on non-economic damages such as pain and suffering or the loss of a limb, this is where a skilled Dallas work injury lawyer can help. Using prior case law and the testimony of expert witnesses, they can put together a solid number—backed by evidence—to prove up your damages and ensure that you’re adequately compensated.

If you are unable to return to work in the same capacity, you may be able to file an additional claim for your diminished earnings capacity. This type of claim asks for compensation for what you would have been able to earn through retirement had you not been injured. For example, if you were a heavy equipment operator but a work injury left you unable to drive, your earnings capacity will likely be significant reduced. These types of claims can add a fair amount of value to your case, but they can be difficult to prove without an experienced attorney on your side.

Time Limits to Filing a Claim

If you’ve been hurt at work, we understand that filing a lawsuit may be the last thing on your mind. However, the longer you wait to act, the lower your chances will be at recovering the compensation that you deserve.

In Texas, the statute of limitations for personal injury claims (including work accidents) is two (2) years from the date of the accident. This means that you technically have two years to file a lawsuit, although it is strongly recommended that you bring your claim as soon as possible. If you wait too long and fail to file with the court within two years, your case will be dismissed (barring certain exceptions).

Although you may be overwhelmed by the situation, remember that there is no benefit to waiting. Even if you are not ready to make any decisions about how to proceed with your case, an experienced Dallas work injury lawyer can advise you of your options and prepare you for what to expect.

What an Attorney Does & How They Can Help

Like most personal injury claims, work accidents are often extremely contentious. The insurance company’s goal is to protect their bottom line by giving you as little money as possible (or nothing at all) for your losses.

At Montgomery Law, our job is to look out for your best interests and to prevent you from being taken advantage of by your employer and their insurance company. As Dallas personal injury lawyers, we are devoted to helping people like you in situations exactly like this. It is what we do every single day.

During your free consultation, we will explain your options and tell you exactly what to expect. If you decide to hire us, we will immediately get to work for you. We will handle your entire claim from start to finish—including handling all communication with your employer and their insurance company moving forward.

We will conduct an in-depth investigation, collect evidence, and determine the value of your claim by qualifying and proving your damages. If possible, we’ll negotiate a settlement with the insurance company. If we cannot come to a fair settlement agreement that you agree with, we will represent your interests in court and pursue every penny that you are owed.

At Montgomery Law, we believe in working collaboratively with our clients. We are on the same team, working towards a common goal. Best of all, there is no out-of-pocket cost to hire us.

The Cost of an Attorney

At Montgomery Law, we work on a contingency fee basis—or as we like to say: no-win, no-fee. This means exactly what it says. If we don’t achieve a settlement or jury verdict at trial, you never owe us anything in attorneys’ fees. We believe that you should not have to risk your own money to seek the justice that you deserve.

Contingency fees make sense in personal injury cases as they allow clients and attorneys to work together towards a common interest. The benefit for you as a client is clear: you never risk your own money, and we put our full attention into getting you the compensation you deserve as quickly as possible.

Additionally, if you can’t afford to see a doctor, we can help get you the treatment you require even if you don’t have medical insurance. We can send medical providers a “letter of protection,” which promises the doctor payment for medical treatment from a future settlement or award. This way, you can get the treatment that you need now—without any out-of-pocket cost to you.

Liability of the Employer

Employers generally have a duty to keep the workplace safe and free from hazards that could cause foreseeable injuries. This legal duty means that employers must take a number of steps, such as providing adequate training, proper tools, and personal protective equipment (PPE). They must also conduct safety inspections and follow state and federal safety regulations. If an employer does not take these steps, they may be liable if an employee is hurt on the job.

Work injury cases are different than other types of personal injury cases. If your lawyer can show beyond the preponderance of evidence that your employer is at least 1 percent at fault for your injury, you should be able to recover compensation through a negligence claim. Non-subscribing employers also cannot defend themselves against work injury lawsuits by claiming that you contributed to your own injuries. For example, your employer cannot argue that you “assumed the risk” of injury by working at a dangerous job, or that you were contributory negligent for the accident.

Third Party Claims

In addition to filing a work injury claim against an employer, some types of accidents will require you to file a lawsuit against a third party, such as a manufacturer, a contractor, or an individual. These claims can be extremely complex, and require the assistance of an experienced Dallas personal injury lawyer.

For example, if your injury was caused by a defect in a piece of equipment, then you may need to pursue a product liability claim against the manufacturer. If another contractor on a job site negligently hired an unqualified worker who injured you, you might be able to file a lawsuit against that contractor. If you were struck by a drunk driver while working road construction, you may be able to file a personal injury claim against that driver as well a potential workers’ compensation claim through your employer.

While Texas work injury claims are clearly complex, the Dallas personal injury lawyers at Montgomery Law have the experience and skills necessary to achieve the best possible outcome for you and your family. We will investigate your case thoroughly to determine all responsible parties, and use our knowledge of Texas personal injury and workers’ compensation law to develop a strategy and give you the best chance at recovering the compensation that you deserve.

About the Team at Montgomery Law

The attorneys Montgomery Law are experienced in non-subscriber work injury claims. We are devoted to helping our clients receive the medical treatment they require, and the monetary compensation they deserve. We will handle everything moving forward and keep you informed through every step of the process.

All of our cases are handled on a no-win, no-fee arrangement—which means that there is no financial risk to hiring our law firm. We offer free consultations by phone or email, where we can answer your questions and explain your rights 24 hours a day. Call us at 214-720-6090 (local) or 1-833-720-6090 (toll-free) to discuss your potential case with us today.