Beaumont Work Accident Lawyers
Most workers in Texas are covered under state workers’ compensation laws and are usually able to obtain benefits for medical bills and lost wages. When an employee is provided workers’ compensation benefits, they are also prohibited from filing a civil action against an employer, even when an employer’s negligence caused their injuries.
When an employer does not have workers’ compensation insurance, they are considered a “non-subscriber” and are not afforded the same immunity from civil lawsuits. Even when workers’ compensation applies, it may be possible for a person to take legal action against other negligent third parties.
Did you suffer severe injuries or was your loved one killed in an accident on the job in the Beaumont-Port Arthur Metropolitan Statistical Area? You will want to be sure that you retain legal counsel so you can fully understand all of your rights.
Portner Bond, PLLC can fight to make sure that you get every single dollar of compensation that you are entitled to. Our Beaumont work injury attorneys can discuss all of your legal options with you as soon as you call (409) 838-4444 or contact us online to take advantage of a free consultation.
Do I Need A Work Accident Lawyer?
Workplace accidents can be very confusing matters for most people to handle on their own. While workers’ compensation can provide some benefits that provide help, the benefits are a fraction of what a person was earning and most people are now dealing with many new bills.
The process of attempting to hold other parties accountable can be difficult. An employer without workers’ compensation insurance and other negligent parties involved in an accident will usually have an insurance company that handles these kinds of issues.
You generally want to avoid speaking to any representative from an insurance company until you have legal representation. Some agents will act very concerned about your health and claim that they want to help you, but insurers all share the same goal of protecting their bottom line by settling all claims for as little as possible.
Some insurance companies will be very quick to offer people lump-sum settlements, and such offers are usually nowhere near what victims are actually entitled to. You want an attorney because they will know exactly what your case is truly worth and they will also know the best way to help you recover that amount.
Why Choose Portner Bond, PLLC To Handle My Case?
Trent Bond is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. He was recognized in Texas Monthly in 2011, 2012, 2013, 2014, 2015, 2016, 2017, and 2018 as a Texas Super Lawyer by Texas Super Lawyers (a Thomson Reuters service) and is the vice president as well as a former director of the Jefferson County Bar Association.
Chris Portner has been recognized in Texas Monthly in 2007 and 2008 as a rising star by Texas Super Lawyers. He is also a member of the Million Dollar Advocates Forum and a member of the Multi-Million Dollar Advocates Forum, to which fewer than 1 percent of attorneys in the United States are members.
Portner Bond, PLLC serves clients in Jefferson County, Jasper County, Chambers County, Fort Bend County, Hardin County, Tyler County, Galveston County, Liberty County, and Orange County. Our firm will negotiate a full and fair settlement to a case or file a lawsuit when necessary to obtain the compensation you need and deserve.
We do all of this on a contingency fee basis. This means that you will only pay us if you receive a monetary award.
Types of Work Injury Cases We Handle
Some of the most common kinds of workplace accidents that employees are injured in include, but are not limited to:
- Slip and fall accidents
- Forklift accidents
- Motor vehicle accidents
- Backhoe accidents
- Defective equipment
- Crane accidents
- Failure to provide fall protection
- Scaffolding collapses
- Exposure to toxic substances
- Construction accidents
- Failure to properly train employees
Many workplace accidents are caused by an employer’s negligence, but it is not uncommon for third parties to also be negligent in some cases. You will want to contact a lawyer to determine if third-party liability can be pursued in addition to your workers’ compensation claim.
Frequently Asked Questions about Workplace Injuries
What should I do after a workplace accident?
Your first step after an accident on the job should always be to seek medical attention. You are required to pick a treating doctor from a health care network’s provider list when your employer provides workers’ compensation medical care through a health care network. If your employer does not provide care through a network, you are free to choose your own physician. Always report your accident to your employer as soon as possible. Ask for a copy of the report. Take as many pictures as you can of everything involved in your accident scene. Make sure you know the names and phone numbers of any co-workers or other people who saw your accident. Make sure that a lawyer is the first person you speak to about your accident.
What kinds of damages can be recovered in a third-party work injury lawsuit?
Lawsuits are frequently resolved through settlements, usually agreed to right before trial, because insurance companies will usually conclude it is cheaper to settle a case than invest in the costs of defending and possibly losing at trial. When a case does make it all the way to a courtroom, then a person could be awarded compensatory damages.
Compensatory damages are usually a combination of economic damages, tangible losses that can be calculated, and noneconomic damages, subjective losses that are not quantifiable. Economic damages frequently include medical expenses, lost wages, and property damage, while noneconomic damages might be for pain and suffering, disfigurement, or emotional distress.
Punitive damages, also known as exemplary damages or vindictive damages, can only be awarded under Texas Civil Practice and Remedies Code § 41.003 when a plaintiff proves by clear and convincing evidence that the harm in their personal injury claim resulted from fraud, malice, or gross negligence.
Punitive damages are very rare, especially in workplace accident cases (although drunk driving-related injuries are a possible exception), and are intended more to punish defendants for especially abhorrent misconduct and discourage other people from behaving similarly. Under Texas Civil Practice and Remedies Code § 41.008, punitive damages cannot be more than $200,000 or two times the amount of economic damages plus an amount equal to any noneconomic damages found by the jury, up to $750,000.
What is the maximum medical improvement?
Maximum medical improvement (MMI) is the state in which the condition of an injured employee cannot be improved without any further treatment. It is essentially a plateau indicating either full recovery or stabilization such that no change is expected in the worker’s condition. If a worker is able to return to light duty after reaching MMI, the employer must provide light-duty work or the insurance carrier could be forced to pay temporary income benefits.
Work Accident Statistics
The Texas Department of Insurance (TDI) reported that there were approximately 183,400 nonfatal injuries and illnesses reported in the private industry for 2017, and 48,490 resulted in days away from work. Males accounted for 30,750 or 63.4 percent of these injuries while females accounted for 17,620 or 36.3 percent.
As injuries related to goods-producing, TDI reported 12,370 were total goods-producing, 1,570 related to natural resources and mining, 4,550 were construction, and 6,250 related to manufacturing. In service-providing injuries, 36,120 were total service providing, 17,830 related to trade, transportation, and utilities, 1,220 were information, 1,510 related to financial activities, 3,800 were professional and business services, 5,860 related to education and health services, 4,580 were leisure and hospitality, and 1,320 related to other services.
Contact a Beaumont Work Accident Attorney Today
Portner Bond, PLLC represents workers who are hurt on the job, whether by accident, through their own actions, or the negligence of a third party, like a contractor. We represent workers, not companies, and we are here to help make sure that you get the workers’ compensation benefits or third-party damages that you need to recover and get back on your feet.
Our consultations are free, and we work on a contingency basis, which means you won’t have to pay us anything until we win your case. Contact us at (409) 838-4444 or use our convenient online options to schedule your confidential consultation with a Beaumont personal injury lawyer.