Getting medical care following any work-related injury is essential to receiving the necessary treatment. It is critical to schedule an appointment to discuss your injuries with a medical provider, even for a perceived minor injury. Receiving medical care serves multiple purposes.
Documenting a Workplace Accident and Injury
Receiving medical care begins the documentation process of a workplace injury. You have the right to document a workplace accident, establishing a timeline of the accident and its direct correlation to your injuries and damages. Establishing negligence on the part of an employer for the damages you experience is necessary to file a civil action when employer-provided insurance is unavailable to you.
Early Diagnosis and Care Planning
The right to medical treatment after a workplace injury is critical to addressing more obvious immediate injuries. Diagnosing hidden or internal injuries through early detection and treatment may prevent the worsening of an injury with the potential for lasting effects. Injuries that may be challenging to diagnose include:
- Concussion or traumatic brain injury (TBI)
- Spinal cord, neck, or back injuries
- Organ damage
- Internal bleeding
- Nerve damage
The shock after a severe injury may mask the critical nature of a workplace injury, leading to long-term damage without early intervention. Establishing a care plan can prevent further injury, document your need for ongoing care, and demonstrate the impact of a workplace injury on you.
The Right to Report a Workplace Accident Without Fear of Retaliation
Texas workers have state and federal protection from employer retaliation when filing a workplace accident claim or reporting unsafe working conditions. The Texas Labor Code (Sec. 21.055) states an employer commits an unlawful employment practice when retaliating or discriminating against an employee who makes or files a charge, files a complaint, or participates in an investigative process.
You must also report a workplace accident within the appropriate time limits under your company’s policy to protect your right to potential compensation. Reporting even minor workplace accidents offers proof of injury at work. It can also prevent an insurance company’s claim that your damages result from another incident or a pre-existing condition.
Federal protection under the Occupational Safety and Health Administration (OSHA) provides you the right to speak out about hazards with the potential to cause or lead to workplace accidents without fear of retaliation. OSHA guidelines for workers’ rights and filing a complaint guarantee the following:
- The right to report an injury or illness and obtain copies of medical reports
- Review records documenting a workplace injury or illness
- Review test results used to identify workplace hazards
Your Right to Whistleblower Protection
You may also file a whistleblower complaint if you experience retaliation after filing documentation of a workplace injury. Houston workplace accident attorneys with experience applying federal laws can help you file a timely complaint. The time frame to file a whistleblower complaint is between 30 and 180 days, depending on the applicable statute.
The Right to Investigate Third-Party Liability
Your work may require you to interact with entities or individuals other than an employer who create workplace hazards that cause injury. Third-party injury is a result of their negligence and not the fault of your immediate employer. Third-party work accidents in Texas can occur because of the following:
- Motor vehicle accidents resulting from the negligence of an employee of another company
- Hazardous conditions you experience on a commercial or residential property you visit as part of your work
- Construction site safety issues resulting from negligence by contractors or subcontractors
- Defective or faulty equipment resulting from product liability or unsafe maintenance practices
- Hazardous material exposure
Proving a third-party claim requires sufficient evidence that your injuries result from negligence, establishing liability. A thorough investigation of your claim is essential to advocating for your damages in a Texas workplace accident due to third-party liability.
The Right to Legal Guidance and Civil Action
Negligence laws and strict time limits govern your right to recover compensation for damages in a Texas workplace accident. Failing to act within the statute of limitations can bar your chances of financial recovery. Medical costs, ongoing treatment, lost wages, and other expenses to you may be the responsibility of an employer or third party.
The Farah Law team recognizes the vulnerability of injured Texas workers. You need financial assistance after an injury. Life continues even when an accident brings your world to a halt. We strive to prevent baseless claims through sound documentation.
A Houston workplace accident attorney can also advise on providing medical information to the insurance company. Using documentation from other injuries unrelated to your claim may be possible when you sign unnecessary waivers allowing access to all your medical records. Knowing what information to share with the insurance company following an accident is vital.
Additionally, our firm can advise against other practices that may impact your claim. Failing to follow through with your treatment protocol may significantly impact your compensation. Posting on social media following a workplace accident can be costly. The insurance company can use any information you provide against you. Let us work to protect you when an accident occurs.
Experience Matters in Protecting Your Rights After a Workplace Accident in Texas
Farah Law has over forty years of experience representing severely injured Texas workers. We offer a free case evaluation to help you discover your legal options and rights following a workplace accident. Using our knowledge of state and federal laws, we offer the advocacy you deserve, allowing you time to heal.
You have rights as a family member if you have lost a loved one because of a workplace accident. Texas workplace fatalities forever change the lives of thousands of Texans. Our compassionate representation serves to protect you during tragic loss, provide support, and explain the legal rights available to you in a Texas wrongful death and survivor action. Contact us today.
