Understanding Your Rights After an Industrial Accident in Texas
An industrial accident occurs when you are hurt in a manufacturing, construction, or other industrial setting. Your employee rights are extremely important, and we help you understand those rights after an industrial accident in Texas.
At the Law Office of Sandy McCorquodale P.C., our dedicated attorneys explain what you should do after an accident. We also explain what other rights you have after an industrial injury. Schedule a consultation so we can learn about your unique situation.
Steps to Take After an Industrial Accident
If you follow these steps after an industrial accident, you can help protect your legal and other rights:
- Call 911: If you were badly injured, get medical attention right away. Your health is the most important thing that you should protect.
- Report Your Injury: Report your injury to your supervisor, Human Resources manager, or other management as outlined by your company policies. You should report your accident and file an internal claim as soon as possible, as there are often short deadlines that could affect your case.
- Keep Records: Keep evidence and documents related to your injury. Take pictures of videos of your injuries as well. If you are unsure about whether you should keep something, keep it so that your attorney can decide later if it is helpful.
- Write Down Witness Contact Information: Gather contact information for anyone who saw the accident and could provide useful evidence.
- Speak with an Industrial Accident Attorney: An industrial accident attorney can help you investigate and properly file your claim. The sooner you speak with an attorney, the better protected your rights will be.
Your Rights After a Texas Industrial Accident
Federal and state law protect you in several ways after a serious accident. Employers are supposed to provide a safe and hazard-free working environment, but often fail to do so. You have the right to report unsafe working conditions that led to your accident. For example, you have rights such as:
- The right to speak with an OSHA inspector
- The right to copies of your medical records
- The right to report an illness or injury
- The right to work on safe machines
- The right to workplace and health safety training
- The right to protective gear
You are also protected from retaliation for reporting your injury or some other violation. For example, an employer cannot fire or demote you because you reported an unsafe machine that caused your injury. A separate retaliation claim may be appropriate when employers take adverse employment actions against you for utilizing your rights.
Compensation for Your Injuries After an Industrial Accident
Texas is unique because it is the only state that does not require employers to utilize the workers’ compensation system. Instead, it offers them a choice between workers’ compensation or a typical personal injury lawsuit system. You may be unsure about which system your employer uses, but your attorney can help.
Employees who work for a non-subscriber must file a claim for monetary damages in court through a personal injury case. Those with an employer who subscribes to workers’ compensation do so through an administrative process instead.
Both systems are complicated and can be difficult to navigate without an attorney. You need an experienced Texas industrial injury attorney to help you win the compensation you deserve after your accident.
Get the Assistance You Need After a Texas Industrial Accident
Our Texas industrial accident attorneys understand the nuances of these cases and how to handle them effectively for you. We protect your rights after a workplace accident and seek the compensation you need to put your life back together.
The Law Office of Sandy McCorquodale P.C. stands ready to fight with you. Contact us today for a consultation of your workers’ compensation case.