ON THE JOB INJURIES—TWO CRITICALLY IMPORTANT QUESTIONS If you or a loved one is seriously injured or killed while on the job, there are two critically important questions that need to be answered: Was the employer a subscriber to Workers Compensation Coverage; and Was the injury caused by someone other than the employer or a co-worker? What is a “Non-subscriber?” Under Texas law, if an employer subscribes to Workers Compensation Coverage, the injury claim is subject to a very strict set of rules, and the potentially recoverable damages are strictly limited by statute. However, if the employer does not provide Workers Compensation Coverage for its employees, the employer is considered to be a Non-subscriber, and a very different set of rules applies, and a completely different measure of recoverable damages is available. Why does “Non-subscriber” status make a difference? Instead of being limited to recovery of medical expenses plus 70% of your average wages during the time you are unable to return to work, the potential damages recovery in a Non-subscriber claim is much higher. https://www.tdi.texas.gov/wc/employer/cb007.html A Non-subscriber claim allows for the recovery of: 100% of your lost wages; future diminished earning capacity due to the injury; full damages for physical and cognitive impairment; loss of earning capacity in the future; pain and suffering. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm What is a “Third Party” claim? Even if an on the job injury claim is subject to the damages limitations of Workers a Compensation Coverage, your attorney should evaluate the potential for a “Third Party” […]
Tag: workplace injury
ON THE JOB INJURIES—TWO CRITICALLY IMPORTANT QUESTIONS
Unfortunately, the U.S. leads all other countries in refinery explosion deaths. For residents and plant workers located in Pasadena and Deer Park, the danger of plant explosions is a reality of life. High temperatures, high pressure applications and caustic substances can be a recipe for serious injury or death. Although workers compensation rules can sometimes severely limit recoveries by injured workers, it is important to thoroughly investigate the issues of whether the explosion was caused by a defective product, or by the negligence of the employees of company other than the injured worker’s employer. These issues can make a huge difference in the injured worker’s recovery. For these reasons, it is important that the injured worker consult an experienced lawyer before signing any documents after being injured in a plant explosion. The attorneys at Wham & Rogers have experience handling plant explosion cases and have roots in the Pasadena area. Mark Wham is a graduate of Sam Rayburn High School and Rene Rogers attended Deer Park High School. Attorneys with Wham & Rogers are available by appointment at 2600 South Shore Blvd Suite 300, League City, TX 77573.