You Need to Contact a Texas Work Accident Attorney Immediately
If you have suffered a work accident in Houston or anywhere in Texas, you need to take action now to protect your rights. In some cases, the first few hours can be the most critical. Companies immediately go into cover-up mode and use all of their resources to uncover any evidence that will help them avoid responsibility.
For example, companies send investigators to the site of the workplace accident right after it happens. Their mission is to take pictures, interview witnesses, and collect all evidence that may show the accident was not caused by any inappropriate or negligent action on the part of the victim's employer—even if that's not the whole story. Getting your own Houston personal injury attorney means you have your advocate on the scene. We work to gather evidence for your case, interview managers and other workers, and take steps vital for your case.
Why You Can't Wait Until You've Recovered from a Work Accident
Once the evidence is collected and shown in a light that benefits the company, it becomes difficult to protect the worker's rights. A work accident victim's best chance of recovering money is to hire an attorney as soon as possible. Without a qualified work injury attorney, you could lose the ability to secure compensation by the time you have checked out of a hospital. If the victim is too ill to contact an attorney, a loved one should do it for them.
Why the rush? Attorney Jason Itkin explains:
"If the company is sending investigators to work right away, and their goal is to prove you got hurt through no fault of their own, you need someone at the scene of the accident at the same time, working to find the evidence of what really caused your injuries."
At Arnold & Itkin, we have the resources necessary to investigate any accident. If you were injured, don't wait to speak to a lawyer—contact a Houston work accident lawyer right now at (888) 493-1629.
Common Work Accidents in Texas
Exposure to Hazardous Materials at Work
Too often, employees come into contact with harmful substances that can endanger their health and well-being. These hazardous materials may consist of toxic chemicals, asbestos, pesticides, biological hazards, and radiation, among others. Workers across various industries, such as manufacturing, construction, healthcare, agriculture, and research, may face the risk of exposure to hazardous materials while performing their duties.
Exposure to these harmful substances can lead to a wide array of health problems, ranging from acute poisoning to long-term chronic illnesses, and in severe cases, even death. The specific health impact depends on the nature of the hazardous material and the degree of exposure. Employers bear the responsibility of identifying potential hazards, establishing safety measures and protocols, supplying workers with appropriate personal protective equipment (PPE), and conducting thorough training programs. These steps are crucial in reducing the risk of exposure and maintaining a secure working environment for all employees.
Falls from Heights in the Workplace
When an employee falls from an elevated position it can cause catastrophic injuries or even death. Unfortunately, these accidents commonly occur in industries such as construction, warehousing, and maintenance, where workers may need to perform tasks on ladders, scaffolding, roofs, or other elevated platforms.
Falls from height are among the leading causes of workplace injuries and fatalities, highlighting the importance of implementing proper safety measures to prevent such incidents. Preventing such falls involves a combination of training, supervision, and the use of appropriate safety equipment. Employers must ensure that workers are adequately trained in the safe use of ladders, scaffolds, and fall arrest systems, as well as in recognizing potential hazards associated with working at height. Furthermore, employers should provide personal protective equipment (PPE) such as harnesses, safety nets, and guardrails to minimize the risk of injury in case of a fall.
Workplace Fires & Explosions
The uncontrolled combustion or the release of energy can result in severe injuries, property damage, and even fatalities in the workplace. These accidents can occur in various industries, such as manufacturing, construction, oil and gas, mining, and chemical processing, where combustible materials, flammable liquids, or gases are commonly used or stored. Fires and explosions can be caused by a range of factors, including equipment malfunction, electrical faults, human error, or inadequate safety procedures.
Machine Entanglement
Machine entanglement occurs when a worker's body, clothing, hair, or jewelry becomes caught in moving machinery. This can lead to severe injuries, such as amputations, crush injuries, lacerations, or even fatalities. Machine entanglement is common in industries involving the use of heavy machinery or equipment, such as manufacturing, agriculture, and construction. To prevent these accidents, proper safety measures like machine guarding, employee training, regular maintenance, and adherence to lockout/tagout procedures are essential.
Overexertion on the Job
When employees push themselves beyond their physical capabilities, it can lead to various injuries. Overexertion can result from activities such as lifting, pushing, or pulling heavy objects, performing repetitive motions, maintaining awkward postures, or working for extended periods without breaks. Workers in industries involving manual labor, such as construction and warehouse operations, may be particularly susceptible to overexertion injuries. Common injuries associated with overexertion include strains, sprains, and musculoskeletal disorders.
Work Vehicle Accidents
Work vehicle accidents refer to traffic accidents involving vehicles operated for work-related purposes. These accidents can impact workers in various industries, including transportation, construction, and emergency services. Work vehicle accidents can involve collisions between vehicles, collisions with pedestrians or stationary objects, or even single-vehicle accidents caused by loss of control or mechanical failures.
The causes of work vehicle accidents can be diverse, ranging from driver error, such as speeding, distractions, or fatigue, to inadequate training in vehicle operation and safety procedures. Poor vehicle maintenance and road or weather conditions can also contribute to work vehicle accidents. Additionally, the lack of proper safety equipment or personal protective gear can increase the severity of injuries in such incidents.
Common Workplace Injuries in Texas
The workplace can be a hazardous place, even when that workplace is just an office. Whether you work in a warehouse, an oil rig, or a cubicle, you could be susceptible to suffering serious injuries while on the job. According to OSHA, 4,679 workers were killed on the job in 2014, and thousands more suffered serious injuries. These are serious numbers that demonstrate how dangerous the workplace can be for any worker.
Countless injuries plague people while on the job, including the following:
- Amputation Injuries: Workers who spend time around sharp blades, machines, or presses are at the highest risk of suffering from an amputation injury. Factory workers, construction workers, printing press workers, butchers, processing plant employees, and manufacturing plant employees are just some of the workers at risk of this type of injury. Per OSHA, a few mechanical components of machines present obvious risks for amputation. The first is a point of operation. This is the area of the machine that performs work on material in a manufacturing or processing plant. Another dangerous part of the machine is the power-transmission apparatuses. These are any pulleys, chains, cams, gears, flywheels, belts, couplings, rods, and other machine components that transmit energy to make the machine work.
- Back Injuries: Per OSHA, at least 1 million American workers suffer back injuries each year. They form a quarter of all workers' compensation payments, besides causing a great deal of suffering. Back injuries most commonly occur when workers exert extreme force on the back, such as lifting heavy objects or performing repetitive motions. Because back injuries are so common, and the causes are so well-known, some regulations require employers to ensure proper safety precautions are in place.
- Blunt Force Trauma Injuries: Blunt force trauma occurs from the impact of a heavy object colliding with the body. The trauma is only considered blunt force if the object that causes the trauma stays outside of the body. If the object enters, it is considered a stab or pierce wound. While the actual impact is blunt force trauma, these injuries can result in other conditions such as concussions, contusions, fractures, and internal injuries. When a worker receives a blunt force injury, it is likely the result of falling off of an elevated position, such as scaffolding or ladders.
- Brain Injuries: Damage to the brain can result in permanent damage that could be impossible to reverse. Although there are some instances where a brain injury can occur from degenerative diseases, some of the most common ways brain damage can occur are through sudden, forceful impact.
- Burn Injuries: Burn injuries are commonly reported in industrial accidents—especially when a large explosion or fire occurs. Chemical burns can result in severe pain and suffering, leaving an employee unable to work for an extended period. The combination of hot temperatures and chemical compounds can result in far worse damage than a typical burn injury.
- Crush Injuries: Crush injuries could mean anything from a damaged finger to the entire body being compressed. When accidents or explosions occur on the job, structural damage can follow. In some cases, workers are trapped under heavy, sharp, or hot debris for hours, waiting for recovery teams to scour through the damaged plant. Even just a few seconds under a large piece of metal could result in nerve damage, disfigurement, or worse.
- Electrical Injuries: Every year, close to 350 American workers die due to electrical injuries in the workplace. With electricity necessary for many manufacturing processes, thousands of workers are exposed to the possibility of electrocution every day. Electrocution hazards exist over a range of industries and occupations. The source of exposure can be as innocuous as a broken bulb or as apparent as a live power line.
- Eye Injuries: According to the National Institute for Occupational Safety and Health, around 2,000 workers in the U.S. receive eye injuries each day. Most eye injuries are caused by flying debris, including wood chips, sparks, and small metal particles, with the U.S. Department of Labor estimating that these make up 70% of eye injuries.
- Hand Injuries: Life holds a host of new difficulties for workers whose hands have been injured. Unfortunately, hand injuries account for over 25% of workplace injuries, whether the damage is immediate or develops over time. An injured hand can mean a loss of income and medical bills. With several fine bones working together in an area placed near machinery when it is operated, it is easy to see how a hand injury could cause serious damage.
- Head Injuries: Head injuries may result from a fall or being struck by a heavy object. When a worker is trapped, hit by falling debris, or slips through scaffolding, the accident's impact can cause head injuries that will vary in severity. Head injuries may be caused by the direct physical impact of heavy force on the head and secondary factors that are set off after the accident, such as swelling in the skull.
- Neck Injuries: A neck injury can occur due to repetitive movements that strain the neck and shoulder. Physical activities that call for a static load to be placed on the neck and shoulder, repeated movements of the arm and shoulders, or extreme work posture that strains the muscles of this region can lead to neck injuries with long-lasting effects. Moreover, vibrating tools like drills and electric saws can place pressure on the musculoskeletal system.
- Spinal Cord Injuries: Spinal damage is one of the most serious situations a person can face after a work accident, leading to long-term complications ranging from chronic pain to paralysis. When the nerves of the spinal cord are damaged, the body may no longer communicate with the brain properly.
- Sprains, Tears & Strains: The 2016 Bureau of Labor Statistics report showed sprains, tears, and strains caused 406,200 workplace injuries within the year. This staggering number is more than twice the amount of the next most common injury.
Legal Help for Workplace Fatalities in Houston, TX
Workplace fatalities are devastating events that leave families grieving and searching for answers. Understanding the causes of these fatal accidents is essential for employers to implement effective safety measures and prevent future incidents. At Arnold & Itkin, our dedicated legal team is committed to helping the families of workplace fatality victims seek justice and secure the compensation they deserve during these challenging times.
Although the incidence of workplace wrongful death has been falling steadily, work still remains one of the most dangerous places for the average adult. Below are a few of the most startling statistics:
- In 2012, 4,628 workers were killed on the job in the United States.
- 50,000 died from occupational diseases, resulting in a loss of an average of 150 workers each day.
- Workplace violence is a growing problem, seriously injuring 24,610 workers and killing 803 in 2012.
- The most violated OSHA standard in 2013 was related to fall protection in the construction industry.
Losing a family member comes with emotional and financial loss, especially if the death could have been prevented. We work hard to ensure our clients know their options and receive the maximum compensation possible while handling each case with care to ensure families experience as little hassle as possible.
Read more about workplace fatality statistics in the U.S.
Who Is Liable for Work Accidents?
Determining liability in a workplace accident can be complex. There are usually multiple parties that could be responsible or share in the responsibility for causing the accident. This makes hiring a Houston, Texas work accident law firm that's willing to do the work required to uncover liability crucial. While each accident is unique and subject to the facts of the particular incident, the following parties are generally investigated for liability.
Employers
If you suffered a work accident, there is a chance your employer can be held liable for negligence. This mostly has to do with whether the accident could have been avoided with proper safety adherence. For example, one common cause of a construction accident is a fall. OSHA requires specialized harnesses and supervision of workers at great heights for fall prevention. If a worker does fall, it may be inferred that the worker was not given proper equipment or supervised. If such was the case, the worker's employer might be liable.
Some of the obligations that employers have:
- Training employees in safe work practices
- Providing employees with protective equipment
- Keeping the workplace free of hazardous materials and objects that could injure employees
- Posting warning signs near dangerous equipment or hazardous areas
Another cause of accidents is mechanical or equipment failure. When equipment is not adequately maintained and repaired, it can decay and present a greater risk of failure. Equipment failures can cause serious accidents. Think back to the 2005 Texas City refinery explosion. Due to hundreds of safety violations and continued failure to remediate those issues, 15 workers lost their lives, and more than 170 others were hurt. The same was the case with the Williams Olefins explosion in Geismar: failure to adhere to regulations can result in disaster.
Equipment Manufacturer
During the investigation, it may be found that defective equipment caused the accident. For example, in a case where malfunctioning machinery injures the worker operating it. In the case of defective equipment, the product's manufacturer could be held liable for the injuries. In some cases, the seller of the equipment could potentially be liable if there was a misrepresentation of the quality or intended use of the product.
Employee
Sometimes when workers are injured, they are partially responsible for the accident that caused the injury. For example, a worker who was injured while misusing a tool or because they failed to follow established safety procedures could share in the liability for the accident. However, even the injured worker was partially at fault for the accident, that does not preclude them from filing a lawsuit or worker's compensation claim.
Most states use something known as comparative negligence during work injury cases. Comparative negligence means that if multiple parties are responsible for the accident, they will each be responsible for covering their share of the damages to the injured worker. For example, if it is determined that the worker was 30% responsible for the accident, any compensation awarded to the worker will be reduced by 30%.
Texas Workers' Compensation Laws
In Texas, workers must receive employment-based insurance options, although employers can opt out of workers' compensation insurance. The Texas Department of Insurance (TDI) and the Division of Workers' Compensation together regulate the workers' insurance systems.
According to these agencies, employers who opt-out of workers' compensation insurance must:
- File an annual notice with the TDI
- Display notices of non-coverage so that all employees are adequately informed
- Give a written statement of non-coverage each time they hire a new employee.
Whatever type of employment insurance policy you have been provided, you need to understand your benefits. Employees may be able to recover compensation for initial medical costs, continued medical care, funeral expenses, and income benefits for workers who have lost wages. What is unfortunate is that many workers are under-compensated and unaware of it. Arnold & Itkin exists to inform workers of their rights. You may be entitled to financial compensation for long-term care and even non-economic damages. The Houston attorneys at our firm fight to help workers throughout Texas secure benefits that they and their families need.
Damages You Can Recover in a Texas Work Injury Case
In a Texas work injury case, the damages you can recover depend on the specific circumstances of your case and whether you are pursuing a workers' compensation claim or a personal injury lawsuit.
Workers' Compensation Claim
If your employer participates in the Texas workers' compensation system and you file a claim for a work-related injury, you may be eligible to recover the following benefits:
- Medical Expenses: Coverage for necessary medical treatment related to your work injury.
- Income Benefits: A portion of your lost wages, including temporary income benefits (if you are unable to work for a certain period), impairment income benefits (based on the extent of your impairment), and supplemental income benefits (if you can’t work after reaching maximum medical improvement).
- Death Benefits: If the work injury results in death, the surviving spouse and dependent children may receive death benefits and burial expenses.
Personal Injury Lawsuit
If you are suing your employer (if they are a non-subscriber to the workers' compensation system) or a third party for your work-related injury, you may be able to recover the following damages:
- Medical Expenses: Compensation for past and future medical expenses related to the injury.
- Lost Wages: Recovery of lost income and loss of earning capacity due to the injury.
- Pain and suffering: Compensation for the physical pain and emotional distress caused by the injury.
- Loss of Consortium: Compensation for the loss of support experienced by your spouse.
- Punitive Damages: In cases where the defendant's conduct was particularly reckless or malicious, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.
Benefits of Hiring a Houston Work Injury Lawyer
When you suffer injuries on your job, your case will likely fall under workers' compensation. However, that doesn't mean that is the only legal means for you to recover; in fact, you may have a third-party claim. Regardless, even figuring out the workers' compensation process on your own can be overwhelming. With so many variables involved in every case, you want a legal professional who can confidently represent you.
Hiring a workplace attorney means you get an advocate who:
- Understands the laws surrounding your case
- Can investigate your accident and identify liable parties
- Specifically knows how to handle workplace injury cases in Texas
- Has dedicated their time and attention to related matters
- Brings experience handling similar cases to your claim
- Can walk you through the legal process
- Makes sure your rights and best interests remain protected
- Can handle cases involving third parties
While there are plenty of personal injury lawyers out there who may claim to be qualified to handle your case, they likely focus more on handling car accidents, slip and falls, and other general cases. The work injury lawyer you need should have proven expertise taking on these types of claims not just anywhere but in Texas.
From industrial jobs to construction and offshore work, they should be able to handle it all.
Make sure to discuss your case thoroughly with any potential attorneys you speak with. Ask about the previous cases they have handled. Investigate how those cases went and the type of recovery they obtained for clients. You should feel comfortable and confident in the representation you select. Their focus shouldn't be just helping you gain money but gain physical, emotional, and financial recovery.
Working in Houston, TX
Walmart is the top employer in Houston, with about 37,000 employees. Memorial Hermann Health System comes in second with approximately 24,100 employees, followed by the grocery chain H-E-B with about 23,700 employees, and then the University of Texas MD Anderson Cancer Center with 21,000 employees. Houston Methodist comes in close with 20,000 employees. Rounding out the top 10 are Kroger (16,000 employees), United Airlines (14,900 employees), Schlumberger (12,000 employees), and Shell Oil (11,500 employees). With so many large companies headquartered in the Houston area, the employment options are typically plentiful and varied.
Houston Links & Resources
Injured on the Job? Give Our Texas Work Injury Firm a Call: (888) 493-1629
Nearly a quarter of a million Texas workers are injured on the job each year, including hundreds of wrongful deaths. In many cases, the accidents causing these deaths and injuries could have been prevented. Often, they result from the negligence or reckless indifference of an employer, co-worker, or manufacturer.
At Arnold & Itkin, our Houston work injury lawyers are focused on ensuring that injured workers and their families are fully compensated for their pain and suffering. We have used our skill, experience, and passion throughout the years to reach successful outcomes for our clients, recovering billions on their behalf. We aggressively, passionately represent workers and their families. If you have been injured, please do not hesitate to call now.
For a free evaluation of your case, contact our Texas work injury attorneys: (888) 493-1629. We handle complex workplace injury and death cases nationwide, including Houston, Dallas, Baton Rouge, and beyond.
