On the Job Injuries
On the Job Injuries - The Todd Smith Law Firm
From industrial factories to construction sites, the
workplace has long been responsible for too many preventable injuries.
OSHA has certain guidelines and rules that govern the workplace.
However, you may have been injured by negligence that does not violate
OSHA guidelines or it may be that OSHA does not have the time or
resources to thoroughly investigate your case. Our firm has an outstanding
reputation for finding and pursuing gross negligence and third-party
claims.
We are experts in coordinating these claims and Workers'
Compensation benefits to get the best result possible for our clients
and their families.
1. Non-Subscriber: where the employer fails to carry Workers’ Compensation insurance coverage and an employee is injured or killed due to the employer’s negligence or the negligence of a fellow employee, the injured employee can recover directly from his employer. Employers who do not carry workers' compensation waive many of their legal defenses.
2. Wrongful Death: In Texas, if an employee is killed while on the job due to the negligence of the employer or a fellow employee, the employee’s family may make a claim against the employer even if an employer carries Workers’ Compensation insurance. The employer or fellow employee must be guilty of “gross negligence” or more than ordinary negligence. Every on-the-job death should be thoroughly evaluated to determine if a claim for gross negligence exists.
3. Third-Party Negligence: where an employee has sustained an on-the-job injury caused by someone other than the employer or a fellow employee, the injured employee may make a claim against the other person (third party). Third-party cases may fall into categories such as traffic accidents, defective products, defective equipment, or the exposure to toxic substances, but all have in common the occurrence of the injury while on the job. Every on-the-job injury should be evaluated to determine if a third-party claim exists.
