联邦法律要求雇主为所有员工证明安全的工作环境。1970年职业安全和健康管理法案确保您在德克萨斯州 - 以及所有其他国家 - 在工作中安全，并没有职业危害。没有人想在工作中受伤，雇主必须尽最大努力防止发生伤害。不幸的是，许多工人在工作中受伤，可能会使他们的生计处于危险之中。为了赔偿受伤工作时的损害受害者，许多雇主将参加劳动者报酬programs. Workers’ compensation insurance allows an employer to cover the basic medical costs and lost wages of an employee who is injured while working. Texas does not require employers to participate in workers’ compensation, however, leaving many workers at risk of suffering an occupational injury without compensation for their damages unless they take legal action. This is the most common situation in which a worker would sue their employer for an injury at work.
工作伤害可能是毁灭性的根据severity of the accident or situation that occurred. When injured on the job, the first thing to do is seek medical attention immediately. Leaving an injury untreated will automatically make it more difficult to file a claim or a lawsuit to seek damages as many insurance companies and other lawyers will claim you were never that injured in the first place. After seeking medical treatment, report your injury to your manager, supervisor, or up the chain of command. They will ask you about what happened, where the injury occurred, if there were any witnesses, etc. Be truthful in this but do not let your employer or their legal team push you into taking the blame for what happened. Your injuries may require significant medical treatment which can be very expensive. You may also miss work which can mean lost wages. You may be permanently disabled or disfigured depending on the situation. Pain, suffering, and mental anguish are also incredibly common with work injuries. You trust your workplace to be safe, not dangerous. You have every right to be fully financially compensated for your injuries when hurt on the job.
如果您在德克萨斯州工作的同时受伤，雇主没有订阅工人赔偿，则可以向雇主提出个人伤害诉讼。根据德克萨斯州法律的说法，在限制规约耗尽之前，您有两年的诉讼。您还能够向雇主私人保险提出索赔的责任。咨询经验丰富的个人伤害审判律师关于您的案件，以了解您可以通过诉讼寻求的损失。如果您的雇主确实有工人的赔偿保险，则某些情况仍可能允许您诉诸您的雇主或其他负责任的第三方在您的相同工作现场进行赔偿。
如果您受到以下任何情况的伤害，您有权起诉您的雇主：
- Your Employer Denied Your Workers’ Compensation Claim in Bad Faith- 否认拒绝工人的赔偿福利提供了苏雇主的理由。
- Your Employer Purposely Caused Your Injury- 如果您可以提供雇主故意造成伤害的证据，那么您可以寻求赔偿赔偿金。
- Your Employer Made a Product that Injured You– If you were injured by a defective product produced by your employer, you may be able to sue your employer.
- Your Employer Was Grossly Negligent– Workers may sue their employers for on-the-job injuries resulting from their employers’ gross negligence.
- Your Employer Has a Relationship with a Third Party- 如果工人在涉及承包商或其他第三方的事故中受伤，您的雇主可能会根据与该人或公司的业务关系持责任。
Sometimes the workers’ compensation coverage provided by your employer after an injury at work does not cover the full cost of your recovery. Your medical expenses and lost wages may be more than the workers’ compensation insurance will payout. You and your family may suffer financially if you are unable to return to work quickly or even at all. Workers’ compensation also provides no financial benefits to cover your mental anguish or pain and suffering. You may suffer from post-traumatic stress as a result of the injury and will need therapy or other treatment to return to normal life. In these circumstances, hiring a personal injury lawyer who has experience with工作场所伤害对你的原因有利。
If you choose to sue your employer for a work injury, know that you are not able to be retaliated against by your employer. This means they cannot choose to fire you for filing a workers’ compensation claim or a lawsuit against them as these are within your legal rights. Companies cannot claim they are “reducing their workforce” to terminate employees who have filed legal claims against them. These situations can get very complicated very quickly which is why it is essential to have experienced legal counsel on your side.