Were you injured in a workplace accident in Austin, TX? Getting injured at work can change your life in an instant. Our Austin workplace accident lawyers can help you pursue compensation. Call Heaton McLean Personal Injury Lawyers at (512) 503-4878 for a free consultation.
We’ve seen what hardworking Texans go through after serious job-related injuries. With 32 years of combined experience and millions of dollars recovered, we’ve made it our mission to stand up for workers when they need it most.
Contact our law office today to schedule a free consultation.
Why Choose Heaton McLean Personal Injury Lawyers to Help Me After a Workplace Accident in Austin?
Choosing the right lawyer in Austin, Texas, is a big decision, especially when your health and financial security are on the line.
Here’s why many injured workers have put their trust in our Austin personal injury lawyers:
- Millions recovered for clients who were hurt on the job
- Recognized by Super Lawyers and Super Lawyers Rising Stars
- In-depth knowledge of Texas workplace accident and workers’ compensation laws
When you work with our Austin workers’ compensation attorneys, you’ll get the personalized attention and care you deserve. Whether you’re filing a workers’ comp claim or going after a negligent third party, we’ll work with you to build a strong case.
Call Heaton McLean Personal Injury Lawyers today for a free consultation.
How Much Is My Workplace Accident Case Worth?
The value of your claim depends on your unique circumstances. Some of the most influential factors include:
- The severity of your injuries
- The cost of your medical care now and in the future
- Whether you can return to your old job or need to find new work
- The impact on your daily life and independence
- Whether your case settles or goes to trial
Workers’ compensation benefits are usually limited, but if a third party (like a contractor, equipment manufacturer, or careless driver) played a role, you may also be able to file a personal injury lawsuit. That kind of claim often allows you to recover much more.
Is Your Employer a Subscriber or a Non-Subscriber to the Texas Workers’ Compensation System?
If your employer chooses not to carry workers’ compensation insurance, the employer can be liable for its negligence. In fact, it’s a relatively light burden to prove. If the employee establishes even 1% negligence liability on the employer, then the employer is liable for all of the injured employee’s damages. The non-subscribing employer isn’t able to rely on the employee’s comparative negligence as an ordinary defendant in a typical personal injury case would.
Many employers, particularly large ones, use self-insured systems that mimic workers’ compensation, but are still not entitled to workers’ compensation protections. These employers may still be liable as non-subscribers.
If you are unsure whether your employer is a subscriber to the Texas Workers’ Compensation system, our seasoned and dedicated attorneys will ascertain whether or not you may have a non-subscriber claim or a traditional workers’ compensation claim.
What Compensation Can I Recover After a Workplace Accident?
There are two main paths to compensation after a workplace accident in Texas:
Workers’ Compensation
In Texas, employers are generally allowed to choose whether or not they want to carry workers’ compensation insurance.
If your employer carries workers’ comp insurance, you could be entitled to:
- Payment for reasonable and necessary medical treatment
- A portion of your lost wages if you’re unable to work
- Disability benefits if your injuries affect your long-term abilities
- Death benefits for surviving family members in fatal accident cases
Workers’ compensation doesn’t require you to prove fault, but it does limit your ability to file a lawsuit against your employer, and therefore, the amount of damages you can recover. Although it can provide immediate relief, the benefits often fall short of covering the full impact of an accident. Wage replacement only covers part of your income, and you can’t recover damages for pain and suffering.
Third-Party Personal Injury Claim
If someone other than your employer caused or contributed to your accident, you may have grounds for a personal injury claim. These claims can provide compensation for economic damages and non-economic damages, such as:
- The full amount of your lost wages and future earning potential
- Pain and suffering
- Out-of-pocket expenses
- Chronic pain
- Emotional distress
- Loss of enjoyment of life
Here’s an example: imagine you’re a delivery driver who gets hit by a careless motorist while making stops for your employer. Workers’ compensation may cover your medical treatment and a portion of your lost wages. But a personal injury claim against the at-fault driver could allow you to recover the full amount of your lost earnings, plus compensation for pain, stress, and long-term disability.
Here’s another example: construction workers often share job sites with multiple contractors. If an employee from another company causes an accident by leaving equipment unsecured, you may be able to sue that contractor while still collecting workers’ compensation from your employer.
Understanding the difference between these two types of claims is key to making sure you don’t leave money on the table.
How Much Does It Cost to Hire a Workplace Accident Lawyer?
After an accident, money is often one of the biggest worries. That’s why we handle cases on a contingency fee basis.
- You don’t have to pay us anything up front.
- We only get paid if we win money for you.
- Our fee comes out of your settlement or verdict, not your pocket.
During your free consultation, you can learn about your rights and decide what’s best for you, without any financial risk.
What If I Was Partly Responsible for My Workplace Accident?
Texas follows a modified comparative fault rule, often called “proportionate responsibility.” This means you can still recover compensation even if you were partly to blame, as long as your fault is not greater than 50%. However, your compensation will be reduced by your percentage of fault. For example, if you’re awarded $100,000 but were 20% at fault, you would receive $80,000. This rule primarily applies to third-party personal injury claims.
Workers’ compensation claims operate differently. Generally, fault is not a factor in these cases. If your employer carries workers’ comp insurance, you can typically receive benefits regardless of who was at fault for the accident, as long as the injury occurred within the scope of your employment. However, there are exceptions, such as if your injury resulted from intoxication or an intentional act.
Common Work Accident Injuries
We’ve represented workers with all types of injuries, including:
- Head and brain injuries
- Spinal cord damage and paralysis
- Severe burns and electrocutions
- Broken and crushed bones
- Amputations and loss of limbs
- Internal organ damage
- Repetitive stress injuries
- Emotional trauma and PTSD
From the most serious accidents to conditions that develop over time, we’ll fight to ensure that your injuries and long-term needs are fully covered.
What Are Common Causes of Workplace Accidents in Austin?
Austin’s workforce spans many industries—from tech and healthcare to construction and manufacturing. Workplace accidents can happen anywhere, but some common causes include:
- Falls from ladders, scaffolding, or roofs
- Slip and fall accidents on unsafe surfaces
- Motor vehicle crashes while driving for work
- Equipment failures or defective machinery
- Exposure to toxic chemicals or fumes
- Fires, explosions, and electrical hazards
- Lack of training or safety protocols
- Overexertion and repetitive motion injuries
It’s crucial to understand that even if an accident seems minor, the long-term effects can be significant.
What Should I Do Immediately After a Workplace Accident?
The steps you take after an accident can make a big difference in the outcome of your case. Here are a few important things to keep in mind:
- Report the accident right away: Notify your supervisor or employer as soon as possible, preferably in writing. Delays can hurt your claim.
- Seek medical care: Even if your injuries seem minor, get checked out. Some injuries take time to show symptoms. Having medical documentation is also critical for your case.
- Document everything: Take photos of the scene, your injuries, and any equipment involved. Keep a copy of accident reports and medical bills.
- Identify witnesses: If coworkers saw what happened, ask them to write down their account. Witness testimony can be powerful evidence.
- Avoid signing anything without seeking legal advice: The insurance company may try to get you to accept a quick settlement. Talk to a lawyer first to make sure you’re not giving up valuable rights.
We know that navigating the aftermath of a workplace accident can be overwhelming. That’s why we’re here to guide you through every step, from understanding your rights to pursuing the compensation you deserve.
How Workplace Accident Cases Are Investigated
Building a strong case requires more than just filing paperwork. Our team will conduct a detailed investigation to uncover what really happened and who should be held responsible. This process may include:
- Reviewing workplace safety policies and training materials
- Analyzing surveillance footage or dashcam recordings
- Consulting with industry experts, accident reconstructionists, or medical specialists
- Obtaining records from the Occupational Safety and Health Administration (OSHA)
- Interviewing coworkers, supervisors, or other witnesses
- Examining defective tools, machines, or vehicles for evidence of design flaws
A thorough investigation allows us to identify every possible source of financial compensation, whether through the workers’ compensation system, a third-party claim, or both.
How Long Do I Have to File a Workplace Accident Claim in Texas?
Timing matters. If you wait too long to take legal action, you may lose your right to recover damages.
- Workers’ compensation: Injuries must typically be reported to your employer within 30 days, and your claim filed within one year.
- Third-party lawsuit: You typically have two years from the date of the accident to file a lawsuit.
Because every case has unique deadlines and exceptions, it’s best to speak with an attorney right away.
Contact an Austin Workplace Accident Attorney to Schedule a Free Consultation
You’ve worked hard to support yourself and your family. If you were injured on the job, you deserve support in return. At Heaton McLean Personal Injury Lawyers, we’ll stand by your side, handle the legal heavy lifting, and fight for the compensation you need to move forward. With 32 years of combined experience and millions of dollars recovered, our legal team has a reputation you can trust.
Your first consultation is free, and you pay nothing unless we win. Call today to speak with an experienced Austin workplace accident lawyer.
Visit Our Personal Injury Law Office Located at Austin, TX
Heaton McLean Personal Injury Lawyers
3933 Steck Avenue, Suite B-115, Austin, TX 78759
(512) 503-4878
Hours: M-F 8:30 AM–5:30 PM