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Workers Comp: Seeking Compensation
There are ways in which a victim can seek compensation from their subscriber employer or any third party:
If gross negligence of the employer led to the death of your loved one, then you can file a wrongful death lawsuit.
Someone else’s negligence, besides the employer, may have led to your injury suffered in a crane accident. The property owner didn’t provided safe working conditions. Manufacturers may be liable for malfunctioning machinery. The operator may not have operated the crane properly. Another contractor or employee could have negligently caused the injury. In this case, you can sue the responsible party.
It takes experience to identify all parties responsible and make them accountable for the injuries they have inflicted. If a worker suffers an injury due to the negligence of a subscriber employer and a negligent third party, the injured worker may seek compensation for both a workers’ compensation claim and a personal injury lawsuit. More Information here
Employers avoid buying workers’ compensation insurance because in a construction business, insurance costs can be expensive. These employers are called non subscribers. And when taking on a non subscriber, you will need an attorney that will ensure that you get adequate compensation.
The Texas Government implemented workers’ compensation laws so that subscribers could be protected from lawsuits. Since you’re pursing a lawsuit against a non subscriber, you can look forward to greater compensation for your injuries or damages. You only need to prove standard negligence.
In a non subscriber case, the law can be very complex. You would need an experienced crane accident attorney that can help you through this process.
The plaintiff will file a claim against the defendant that will inform them of the injury and the amount of compensation needed for damages. The easy way would be for the defendant to pay or negotiate with the plaintiff about the settlement. However, the defendant will contest the settlement and the parties will go to court. The plaintiff will have the burden of proving that the defendant was responsible for the injury leading up to medical costs, lost wages, and pain and suffering. Luckily, the plaintiff has to establish the standard proof of negligence.
At this point, the non subscriber employers will use some clever maneuvering to avoid paying you anything in court. Here are some examples:
A defense that the employer will use to their advantage is called sole proximate cause. They will claim that the plaintiff is 100 percent responsible for their own injuries. The defense lawyers are willing to destroy your name and credibility so that you will look like the negligent employee that was responsible for the accident.
The employer avoided paying for workers’ compensation, but they are willing to pay for the best attorneys that money can buy. Dragging an injured victim through the mud is a small price to pay for the employer who doesn’t want to take responsibility. You need an attorney with the expertise and the skills to defend your rights.
You know why many construction companies hire their employees as contractors? There is no obligation of safety for contractors. Your employer will deny that an employer-employee relationship exists between you two. How can they pay for your injuries, if there’s no evidence that states that you have been employed by them?
In some cases, the employer knows that an employer-employee relationship exists with the victim and they were able to secure compensation. The law sees you as an employee and you are entitled to compensation for injuries suffered on the job.
You need a crane accident attorney who can establish the employer-employee relationship between parties, if they meet the following standards:
Social security and taxes were withheld by the employer
The employer provided equipment on the job
The employer provided a set schedule
You were managed, trained, and inspected by the employer daily
Documents that prove that you had to perform tasks in order to work for the employer: such as taking a drug test
You were hired for an undetermined period of time
You were being paid on an hourly or salary wage
Our crane accident attorneys have the experience handling on the job injuries. We can help you identify all of the parties responsible for your accident and make them pay for all of the damages.
For twenty years, the lawyers of our Law Offices have helped injured construction workers recovered millions in damages. We can handle any crane accident case, including those with many defendants. We know the OSHA regulations and can provide expert witnesses who can testify about the issues of workplace safety and operating heavy machinery. Call us today for a free consultation.
More Great Law Blogs Here:
https://www.gultanoff.com/workplace-accident-injuries-fatal-forklift-accidents/
https://www.jlezman.com/advocating-for-injured-workers/
https://www.michiganlawattorney.com/champions-for-injured-workers/
https://www.griffithlaw.net/lawyers-specializing-in-workplace-accidents/
https://www.leslie-gladstone.com/a-guide-to-workplace-injury-lawyers/
https://www.dirfirm.com/workplace-accidents-the-safety-net-you-deserve/
https://www.kimpersonalinjury.com/why-you-need-work-related-injury-attorneys/
https://www.mcdowellforster.com/navigating-injuries-with-lawyers-specializing-in-workplace-accidents/
https://www.jividen-wehnert.com/workplace-injury-lawyers/
https://www.daytonlitigators.com/when-work-turns-risky-finding-workplace-accident-legal-help/
https://www.enniscoleman.com/blindsided-by-a-workplace-injury/
https://www.sandrajpeake.com/the-importance-of-workplace-injury-legal-representation/