Work Related Injuries

Work related personal injuries include disputes between private parties in which injury is caused by the negligence or recklessness of another. Working with the attorneys at Hernandez Law P.C. will provide assistance and support for the injured party by pursuing a claim for your damages. We will work to recover an array of damages including medical expenses, lost wages, pain and suffering, physical disfigurement, physical impairment, mental anguish, loss of consortium and in some instances, punitive damages.

From Industrial to Construction

From industrial factories to construction sites, the workplace has long been responsible for many permanent injuries that could have been prevented. The Occupational Safety and Health Administration, OSHA, has certain guidelines and rules that govern the workplace; unfortunately some of the set guidelines are not followed or regulated. You may have been injured by negligence that does not violate OSHA guidelines or OSHA does not have the time or resources to thoroughly investigate your case. You need someone who will take the time to thoroughly investigate the circumstances and details of your injury.

Claims

Hernandez Law P.C. has an outstanding reputation for finding and pursuing gross negligence and third-party claims. There are several kinds of claims that are work related:

1. Non-Subscriber claims: If an employer does not carry Workers’ Compensation insurance coverage and an employee is injured or killed by the negligence of the employer or fellow employee, the victim can receive compensation directly from the employer at fault. Employers who do not carry Workers' Compensation are still liable to pay the victim for medical bills, lost wages, etc.

2. Wrongful Death claims: Texas law states if an employee is killed while on the job due to the negligence of the employer or a fellow employee, the employee’s family may make a claim against the employer even if an employer carries Workers’ Compensation insurance. The employer or fellow employee must be guilty of “gross negligence” or more than ordinary negligence. Every on-the-job death should be thoroughly evaluated to determine if a claim for gross negligence exists. The term “Gross Negligence” means that an employer or fellow employee had prior knowledge that faulty equipment or inadequate standards/training could harm employees.

3. Third-Party Negligence: If an employee has sustained an on-the-job injury caused by someone other than the employer or a fellow employee, the victim may make a claim against the person at fault, the third party. Third-party cases may fall into categories such as traffic accidents, defective products, defective equipment, or the exposure to toxic substances, but all have in common the occurrence of the injury while on the job. Every on-the-job injury should be evaluated to determine if a third-party claim exists.