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Compassionate Representation for Injured Workers

A workplace injury can happen to anyone at any time. Even if you’re careful and follow all safety protocols, there’s always the risk of being injured in an accident. If you’ve been injured on the job, you may wonder what your rights are and how to get the compensation you deserve.

That’s where our Katy, TX, workplace injury lawyer comes in. We can help you understand your legal rights and options and can fight for the compensation you deserve. Compensation for workplace injuries can include medical expenses, lost wages, pain and suffering, and other damages. 

If you have been injured on the job in Katy or the surrounding areas, it is critical to get the compensation you’re entitled to and protect your rights. The experienced, dedicated Katy work accident attorney from the Law Office of Shane McClelland, PLLC, is here for you during this difficult time. Together, we can develop and implement an effective legal strategy to navigate your claims. To schedule a free consultation, call us at 713-987-7107 today.

Texas Workers’ Compensation Benefits

The workers’ compensation system in Texas was implemented to help workers who are injured on the job in this state. It provides compensation for the expenses associated with lost income and medical bills. Workers’ compensation benefits are in place to keep employers from falling into financial hardship as a result of their workplace accidents. Although private employers are not required to carry workers’ compensation insurance, many of them do.

If you have been harmed on the job in Katy, it is critical to determine whether your employer has workers’ compensation insurance. Workers’ compensation insurance is a no-fault system, so injured workers are entitled to its associated benefits, regardless of who was at fault for the accident. The experienced Katy work accident attorney from our law office can determine whether you’re entitled to the following benefits:

  • Medical bill coverage. All the financial costs associated with diagnosing or treating your workplace injury can be covered by workers’ compensation. This includes surgery bills, physical therapy, prescription medications, hospitalization bills, and clinic visits. Medical care can be available to you until you reach the state of maximum medical improvement. At this point, further treatment can no longer improve your health.
  • Income benefits. Depending on the amount of time you’re out of work and the severity of your temporary or permanent disability, you may be entitled to one of the four main types of income benefits and taxes, such as Impairment Income Benefits (IIB) and Temporary Income Benefits (TIB).
  • Wrongful death. If your loved one died as a result of a workplace accident, you may be entitled to critical coverage under workers’ compensation. A Katy work accident attorney can fight to get you the financial support you need to cover burial costs, along with payments to make up for any income loss by the dependents of the deceased.
  • Vocational rehabilitation. If the injury or illness is severe, causing the worker to be unable to return to their prior occupation, they might qualify for vocational rehabilitation services. These can assist injured employees with learning new skills and finding new employment. Such services include job placement services, career counseling, and job training.

Filing a workers’ compensation claim in Texas can be highly complex. Therefore, it is important to have an experienced and compassionate Katy job injury attorney on your side who can help you adequately file the paperwork on time. They can make sure you receive the benefits you are entitled to under the law.

Employer Negligence

In Texas, employers must provide a safe working environment for their employees. If they fail to provide one due to negligence or malice and you are injured, the employer may be liable for your injuries. Workplace accidents may happen because employers do not take appropriate safety measures. These lapses in judgment and other inadequate actions can often result in serious or even fatal injuries.

There are several ways in which an employer can be negligent, including:

  • Failing to provide adequate safety training to their employees
  • Failing to maintain equipment properly
  • Failing to provide necessary safety equipment
  • Failing to maintain a safe premises (exposed wires, hazardous walkways, etc.)

Whether you work at a refinery or on a construction site, employer negligence can lead to severe injuries. Our workplace injury lawyer can help you file your claim and fight aggressively in pursuit of justice and fair compensation.

How Can a Katy Workplace Injury Lawyer Support My Case? 

Workplace accidents can be devastating, especially if they cause serious emotional and physical damages and are the result of the negligence or wrongdoing of one or more parties. To adequately recover and move on from the accident, it’s critical to have adequate financial support and compensation. A compassionate Katy workplace injury lawyer can guide you through the complex legal process of obtaining the compensation you’re entitled to.

A Katy job injury attorney can look into the details of your case, considering whether:

  • Your employer has workers’ compensation insurance.
  • Third parties may have caused your accident to some degree or entirely.
  • Your employer exhibited gross negligence.

Based on your case information and other critical details, they can provide you with a deep understanding of your rights and the different legal options you can pursue.

If workers’ compensation is relevant to your case, they can help you adequately fill out a workers’ compensation claim on time and submit it with robust supporting evidence. Your Katy job injury attorney can negotiate with large workers’ compensation insurance companies to secure a settlement that compensates you for the damages you suffered from your workplace injury. If a settlement cannot be reached, they can fiercely represent you in court.

An experienced Katy work accident attorney can also assist you with pursuing a civil lawsuit to recover compensation. For example, if your employer does not carry workers’ compensation insurance and was liable for the accident that caused your injuries, we can help you file a lawsuit against them. Our firm can also fiercely engage in pretrial negotiations and, if your case goes to court, we can strongly advocate on your behalf in front of a judge or jury.

Understanding Common Workplace Injuries in Katy

Work injury Fact sheet.

While all workers in Katy are susceptible to falling victim to a workplace injury, specific industries tend to have higher rates of workers being harmed on the job. The types of workplace injuries can vary based on the industry and nature of the work involved. Some of the most common workplace injuries we see at the Law Office of Shane McClelland, PLLC, include the following:

  • Broken bones. Workers who fall from high up, are struck by an object, or have an accident with heavy machinery can suffer serious fractures. Workers who are particularly susceptible to broken bones include warehouse workers, construction employees, and factory employees. Recovery can be long and intensive, requiring immobilization, surgery, and physical rehabilitation.
  • Strains and sprains. Strains and sprains are injuries that happen when tendons, ligaments, or muscles are overpulled or ripped. This can be due to lifting heavy objects, carrying out the same intensive motions over time, or overexerting. Such injuries are commonly seen in industries that require physically demanding work, such as construction, healthcare, and warehousing.
  • Burn injuries. Burn injuries are common in industries that involve electricity, heat, or chemicals. For example, burn injuries can commonly be seen among workers who are engaged in construction, food service, or manufacturing activities. Burns can be more minor (first degree) or severe (third degree). Serious burns can lead to permanent scarring and disfigurement as well as a need for long-term intensive care.
  • Neck and back injuries. Neck and back injuries tend to be seen across a spectrum of industries, particularly in spaces where workers need to repeatedly carry out certain actions or lift heavy objects. Neck and back injuries can also be common for workers who must sit or stand for long periods of time. Common causes of neck and back injuries include improper ergonomic or lifting techniques as well as slip and fall accidents. These injuries can come with complications requiring both immediate and long term medical care, like chronic pain.
  • Amputations. Amputations are a severe form of injury that commonly occurs as a result of accidents involving heavy machinery, especially in industries like construction or manufacturing. When a worker gets pinned down by or caught in between  heavy moving equipment, they may lose their extremities or limbs as a result. Such injuries commonly require expensive assistive devices, such as prosthetics, in addition to long-term physical rehabilitation.
  • Brain injuries. Brain injuries can be minor, like concussions, or they can be quite severe, such as traumatic brain injuries. Brain injuries can result from the head being hit by a moving object, motor vehicle accidents, or falls. More severe brain injuries can cause serious brain damage that permanently impacts an individual’s cognitive and motor abilities. These life-altering injuries typically need long-term care and physical rehabilitation.
  • Lacerations. Lacerations, commonly known as cuts, are common in industries such as food service and construction, where employees need to use sharp machinery or tools to get the job done. While minor cuts may only require a few stitches, deeper lacerations can be life-threatening as a result of serious blood loss, infections, or nerve damage. Lacerations can also lead to permanent scarring and disfigurement.

If you’ve been hurt on the job, the experienced Katy job injury attorney from the Law Office of Shane McClelland, PLLC, can evaluate the extent of your injuries and damages. Then, our team can work to secure a settlement that accurately compensates you for all the medical treatments you need to properly recover.

Third-Party Compensation 

Compensation money and litigationIf the negligence of a third party caused your workplace injury, you may also be able to file a third-party lawsuit. This is filed against someone other than your employer. For example, if a defect in the equipment that you use at your job causes a malfunction that injures you, we could file a lawsuit against the manufacturer of that equipment.

If you are successful in a third-party lawsuit, you may be able to recover damages for pain and suffering, disfigurement, and loss of consortium.

Understanding Third-Party Compensation Claims in Katy

When you file a claim against an entity that is not your employer, this is called a third-party compensation claim. It allows you to recover damages through a civil action. Although workers’ compensation can cover a part of lost income and medical bills for injuries associated with your accident, it can be limited in scope. 

Third-party claims, however, can give workers the opportunity to obtain additional compensation, which is not available under workers’ compensation. This includes:

  • Loss of consortium. If a relationship with a close family member has been damaged as a result of your workplace injuries, you and your family can receive compensation for this.
  • Pain and suffering. As workplace accidents are particularly traumatic, this can lead to long-term emotional distress, such as anxiety, depression, and post-traumatic stress disorder. Compensation for physical pain and emotional suffering can be covered under third-party compensation lawsuits.
  • Punitive damages. If a third party exhibited gross negligence, and it led to the accident that caused your injury, the court may issue punitive damages to discourage similar conduct from happening in the future. Punitive damages are intended to punish the offender, so while they are paid out to the victim, they are not particularly considered a form of compensation to the victim for covering their losses.
  • Scarring and disfigurement. If you suffered a severe injury that led to permanent scars or disfigurement, you can potentially be compensated in a third-party lawsuit for this.

Calculating the value of non-economic damages, such as punitive damages and pain and suffering, is highly complex. Doing so correctly requires detailed knowledge of personal injury law and experience in calculating damages for similar cases in a local court with local judges and juries.

Therefore, it’s critical to work with an experienced and skilled lawyer who is local to your community. The compassionate attorney from the Law Office of Shane McClelland, PLLC, can fully account for the extent of your damages, helping you fight for compensation that reflects all you have lost.

Potentially Liable Third Parties in Your Workplace Accident 

If the negligence or wrongdoing of a third party contributed to the workplace accident that resulted in your injuries, they can be held accountable for their behavior. An experienced lawyer can determine whether a third party had any role in causing your accident. Such third parties include:

  • Property owners. Property owners have a responsibility to keep their premises safe. They must address any imminent threat or hazard to employees on their property. If your workplace accident happened due to hazardous conditions on a property that your employer does not own, you may have legal grounds for a lawsuit against the property owner.
  • Manufacturing companies. If your injury was a result of malfunctioning equipment or machinery, you could hold the manufacturer accountable for poor design, insufficient construction, or improper labeling. A lawyer can navigate the complexities of defective product law.
  • Subcontractors. If a subcontractor exhibited negligent or reckless behavior that led to your harm, they can be held accountable for their behavior. For example, if a subcontracted firm assembled the scaffolding that collapsed during your accident, you can hold them accountable through a civil action.

An intelligent and experienced attorney can thoroughly go over all the details of your case to determine if any potentially liable parties exist. They can gather significant evidence, such as video footage and communication records, to prove the liability of any third parties involved in your case, helping you get the compensation you’re entitled to.

Contact Our Offices Today for Help After a Workplace Accident

Contact our team for work injury claimsIf you require the services of a workplace injury lawyer in Katy, TX, call Shane McClelland. When you are injured on the clock, you deserve the compensation you need to recover fully. We are ready to provide the experienced, compassionate, and aggressive representation you need in order to stand a chance at receiving full and fair payout from a personal injury claim in Katy.

We are here to help. To schedule a free consultation, call us at 713-987-7107 or contact us online.

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