If I am injured at work in Texas, can I sue my employer?
Every worker is required to be kept reasonably safe and sound during working hours. According to Texas Law and Labor Enforcement, a worker can sue their employer after an injury; however, the worker must be able to prove that the employer was negligent. This underscores the need for documentation after you have been injured at work in Texas.
Here are some steps to help you move your claim forward:
1. Report the injury to your employer and get a copy of the documentation. This documentation will be crucial in establishing your claim. It will also show that you reported your injuries and took the proper steps to prevent further injury to yourself and others. See a doctor to get checked out. Failing to seek medical care is one reason why some claims are not resolved in favor of the injured party. The doctor should be able to provide documentation of the nature and extent of your injuries.
2. Obtain a copy of your personnel file. It should contain information that may be relevant to your claim. For instance, some employees are terminated after an injury, and the employer’s stated reason for doing so is poor performance. Your personnel file will contain a record of any disciplinary actions your employer has taken against you.
3. Keep records of your pay. Sometimes an injury results in loss of pay over a period of time. You need to have a record of how much you normally get paid. This way you can be sure of how much you may be entitled to recover.
4. Is there a witness who can verify what has happened to you? Sometimes a witness will act as your best ally and defense in this situation. According to state law, you can call a witness to help substantiate your claim.
5. Consult with a personal injury attorney that is experienced in workplace injuries. The attorney will generally meet with you for free to help determine if you have an actionable claim for damages. Providing the above documentation and information to the attorney will help the attorney in his or her analysis of your potential claim against your employer.
Have you been injured at work in Texas and believe your employer is to blame? Contact us at 713.597.3836 to discuss your case in a no-obligation consultation.