When you get injured while at work, you need to seek the help of a Texas injury attorney, there are many ways to choose the right attorney to handle your claim. For instance, you can determine whether your employer has adequate coverage under the Employer’s Liability Act (FELA). If you live in or near Houston, you may consider contacting an attorney that works with Texas injury victims. You can also ask family members or friends for recommendations.
Workplace hazards in Texas
If you work in Texas, you must know what workplace hazards are and how to avoid them. These hazards range from toxic wastes and lack of safety equipment to dangerous heights.
The Occupational Safety and Health Administration (OSHA) has developed rules to protect workers from unsafe working environments. There are specific standards for different industries, including manufacturing, oil and gas, agriculture, and general operations.
The law also covers employers’ duty to keep the workplace safe. In Texas, the Occupational Health and Safety Act states that all employers must provide a safe environment for workers. It provides employees with the right to report an unsafe workplace.
Another provision in the Occupational Health and Safety Act requires employers to train employees to use personal protective equipment or PPE. This includes gloves, goggles, and face masks.
The Occupational Safety and Health Act also requires employers to keep up with any citations they receive. They must take action to correct them within a deadline. OSHA also provides training in easy-to-understand language.
Many other state laws regulate workplaces. Some of these are set by the federal government, while other state statutes govern the way employers are required to conduct their business.
The Occupational Safety and Health Act of 1970 defines employers’ “general duty” to maintain a safe workplace. It also contains a catch-all provision known as the “general duty clause.” This means employers must only warn employees about hazards if they know them.
In addition to OSHA, there are state statutes that employers must adhere to. These include the Texas Occupational Safety Act and the Texas Hazard Communication Act.
Texas has a particular focus on occupational health and safety. This is due to the state’s high rate of injuries and deaths. The oil and gas industry remains a risky profession. All workers must understand the importance of protecting themselves from workplace hazards.
Employers’ Liability Act (FELA) coverage
If you were injured while working on a railroad, you might be eligible to recover damages through the Federal Employers’ Liability Act (FELA). This act protects railroad workers by providing them with a legal means of suing their employers for negligence.
The FELA covers a broad range of injuries. These include pain and suffering, lost wages, and medical bills. It also compensates for repetitive stress, asbestos exposure, and cumulative trauma.
FELA damages are generally much larger than the typical workers’ compensation award. This is because FELA uses a comparative negligence system. A court jury is tasked with determining the percentage of fault that each party in an accident must have contributed. This means an employee can receive a reduced award if their negligence is a substantial factor.
However, FELA has received some criticism. It was enacted in response to the high number of railroad fatalities in the late 19th century. It was not intended as an automatic award. It was intended to discourage negligent conduct.
To qualify for FELA, an injured railroad worker needs to show that the railroad is liable for the injury. This can be done by proving that the employer violated a safety statute. It is also important to note that not all railroads are subject to FELA.
Depending on the nature of the injury, it can take a long time to settle a FELA claim. It would help if you never settled before you evaluated the case properly.
You can find various resources online to help you evaluate your claim. You can also consult an attorney. A lawyer will know what is appropriate for your situation.
Other laws, such as the Railway Labor Act, apply to railroad employees. You should also be aware of the specific tort laws that apply in your state.
Cost of a Texas injury attorney
You may feel on your own when you have been involved in an accident. Your insurance company might be looking out for its interests, and you may feel you are being mistreated. You deserve to have a chance to recover your losses. Fortunately, you can find an experienced Texas injury lawyer to help.
A lawyer can help prove that the at-fault party is liable for your injuries. They can also assist you in negotiating a settlement on your behalf. However, you will need to pay for their services.
Your lawyer might be willing to take a sizable percentage of any awarded compensation. However, you might be more comfortable accepting a smaller amount as compensation for your injuries. If your case goes to court, you must pay a transcript and a Sheriff’s fee.
In general, a lawyer can rack up hundreds of dollars in court fees, and you might have to pay more than you initially expected to get the result you want. This means that you will need to structure your fee arrangement carefully.
A contingency fee is one way to control your costs. A percentage of awarded compensation is commonly referred to as a contingency fee. Typically, a lawyer can take between 20 and 40 percent of any award. Depending on the size of your claim, this can be a significant amount.
If someone else’s negligence has injured you, you need to act quickly. Contact a qualified personal injury lawyer to discuss your case and ensure you get the compensation you deserve. Having an advocate on your side can make all the difference.
Other costs you might face include renting a conference room and hiring a court reporter for depositions. You might also need to pay an expert to testify in court. Your attorney might also require a videographer if you have a large case. You don’t want to deal with insurance companies and other defendants alone.
A Stampede Injury Attorney May Be Useful
For example, a Walmart employee died from a stampede in Valley Stream, NY. The store also has a high staff-to-customer ratio, which could be a recipe for disaster. The hazard mentioned above may be mitigated by clever crowd management. Black Friday and Holiday shopping usually are chaotic enough to cause stampedes at some stores. A store must keep its customers in check to prevent such accidents. A snazzy store clerk or two could do the trick. Some stores even use a system of locks for increased security.
If you are injured during a stampede, hiring a savvy stampede injury lawyer is the best action. Besides, the essential part of any retail transaction is the customer. Thankfully, a stampede injury lawyer like Joe I. Zaid & Associates can help navigate this minefield.
Getting help after a Texas work injury
If you have suffered a work injury in Texas, you can get help by filing a workers’ compensation claim. This will pay you for medical expenses and lost wages. You can also recover from pain and suffering damages. However, you may not be able to sue your employer for negligence. It would help if you spoke with an attorney about your options to file a workers’ comp claim.
First, you need to notify your employer of the injury. You can do this online or by mail. It would help if you also informed your supervisor. You should then see a doctor. You can contact an after-hours clinic if you have to wait until the office is closed.
If you need treatment outside the city, you should find a medical provider who accepts workers’ compensation insurance. This can be especially difficult if you have to travel out of state. You can find information on how to do this by calling the HealthPoint Occupational Health Program. You can also visit the Texas Department of Insurance Division of Workers’ Compensation website.
You can also file a claim with your insurer if you have a private employer. You can then choose a physician from a network of approved physicians.
To receive benefits, you must submit a DWC-041 form within one year of the injury. You can also call the Office of Injured Employee Counsel for free legal assistance.
In addition, you can request temporary income benefits. These are equal to 70 to 75 percent of your average weekly wage before the injury. This benefit ends when you return to work. You can also receive impairment income benefits if you suffer permanent bodily damage. These are also based on a percentage of the worker’s wages before the injury.
You can contact a Texas work injury lawyer when you need more information on a workers’ compensation claim. They can guide you through the process and find the responsible parties. A serious work injury can significantly impact your ability to earn a living and your family’s financial resources.