If you suffered a work-related injury or illness due to your employer’s negligence, you might be able to file a lawsuit against them. The Houston personal injury lawyers of Kherkher Garcia, LLP could represent you in your case and help you pursue the compensation you need to cover your medical bills, lost wages, and other losses. You should not be forced to pay for any accident-related expenses out of pocket when someone else was at fault for the harm you suffered.
Texas is not one of the states that require businesses to carry workers’ compensation insurance. If your employer is a nonsubscriber, that means they don’t participate in a workers’ compensation program. Since you can’t collect benefits from their insurance company, you could potentially recover compensation in a lawsuit if their negligent actions caused your job-related injury or illness.
At Kherkher Garcia, LLP, our Houston nonsubscriber injury attorneys can fight for your rights and be your advocate during this devastating time in your life.
- Should I Hire a Nonsubscriber Injury Lawyer?
- Why Hire Kherkher Garcia, LLP?
- Steps You Should Take After a Workplace Accident
- Types of Nonsubscriber Injury Cases We Handle
- Common Causes of Job-Related Injuries and Illnesses
- Common Injuries Suffered in Workplace Accidents
- Compensation Available Following a Nonsubscriber Injury in Houston
- Deadline to File a Lawsuit
- Let Kherkher Garcia, LLP Take Care of the Accident Investigation
- Pursuing a Wrongful Death Case
- Nonsubscriber Injury Frequently Asked Questions
- Contact Kherkher Garcia, LLP Today
Should I Hire a Nonsubscriber Injury Lawyer?
It will be in your best interest to retain an experienced attorney’s legal services if you sustain an injury at work. If you can’t return to your job or earn your usual wages, you could struggle to pay your medical bills, care for your family, or afford your daily living expenses. It can become a significant financial burden and lead to massive debt. When you continue to incur losses while treating your injuries, you need to find a way to gain compensation for them. Only a knowledgeable and skilled nonsubscriber injury attorneys can help.
Trying to handle your lawsuit alone can lead to a negative outcome. If you don’t know the state laws, deadlines, or procedures, you could end up with a dismissed case or much less compensation than you deserve. Kherkher Garcia, LLP understands the stress you’re experiencing and wants to provide the services you need to get through this traumatic ordeal.
If your employer negligently caused the accident you were in, they will likely try to deny any liability for your injuries. You could pursue legal action against them to seek compensation, but they might have the necessary resources to fight back. Business owners will hire aggressive defense attorneys to disprove an accident victim’s claim and win the case. If you’re not well-equipped with substantial evidence and a solid argument, you could lose the lawsuit and walk away with nothing.
The Houston nonsubscriber injury lawyers of Kherkher Garcia, LLP can develop a strategy that works in your favor and holds your employer accountable for their misconduct. They should not get away with what they’ve done. Dangerous working conditions can lead to debilitating and often fatal injuries. If they’re responsible for the accident, they should face the financial consequences.
Our nonsubscriber injury lawyers can help
Why Hire Kherkher Garcia, LLP?
We always advocate for injured workers in need of quality legal representation. Our legal team takes cases like yours seriously. When someone else’s wrongdoing affects your emotional health, physical condition, and financial standing, we find a way to fight back to secure the best possible outcome we can reach. We understand what it’s like to be out of work due to a disabling condition. You can count on us to stay by your side throughout the entire process and help you get through this.
We have been representing accident victims for over 30 years. The Houston nonsubscriber injury lawyers of Kherkher Garcia, LLP firmly believe that everyone deserves a chance to seek justice after a workplace accident. We believe that no one should have to pay upfront fees or costs to receive dependable legal services. That’s why we take cases on contingency. That means you won’t owe us any money unless we secure compensation from the at-fault party. If we lose, you won’t have to pay us.
Customer service is important to us. We want you to feel like a priority while we’re working on your lawsuit. You will receive one-on-one attention from start to finish of the legal process. With our 24/7 answering service, you can call us whenever you need us to discuss the status of your case, answer questions you may have, or learn about your available legal options. You won’t be forced to face your careless employer alone. We will remain in your corner until the end.
Steps You Should Take After a Workplace Accident
There are steps you should follow if you get hurt or sick while performing your job duties. The actions you take will affect the outcome of your case. If you miss a filing deadline, submit incomplete medical records, or say the wrong thing to your employer, you could face a dismissed lawsuit or a financial award that doesn’t cover your total expenses.
It’s critical that you find out whether your employer carries workers’ compensation insurance. If they don’t, you will need to file a lawsuit. However, the first thing you should do after an accident at your job is to seek medical treatment. If you can’t drive yourself, call 911 so an ambulance can transport you to the hospital. The emergency room physician should evaluate your injury and determine if you need ongoing care.
If the initial doctor refers you for follow-up treatment, listen to their recommendations. If you wait too long before your first appointment or allow too much time to pass in between doctor visits, it could negatively affect your lawsuit. The defense team could use that as evidence that there wasn’t an injury or that the injury isn’t as serious as you’re claiming. You must see all your medical providers regularly until you heal.
It’s also crucial to hire a Houston nonsubscriber injury attorney. Within days of the accident, Kherkher Garcia, LLP can investigate who was at fault and begin collecting evidence. Conclusive evidence is necessary in any personal injury case. If we can’t prove that your employer is responsible for your injury, we won’t be able to secure a favorable jury verdict. You can take the time to focus on your treatment while we handle all legal aspects of your lawsuit.
Maintaining records, such as doctor bills, prescriptions, and out-of-pocket costs is another important step to take when you get hurt at work. While we’re building your case, you should keep a copy of every document you receive. Forward them to us for our review so we can determine if it’s something we can use. It would not be a good idea to throw away potential evidence or records that clearly show the injury you suffered or your timeline of medical care.
Personal injury cases are often complex and involve various factors that could help or hurt you. Injured workers often make mistakes that cost them thousands of dollars in lost compensation. You should review these common pitfalls, so you know what to avoid during your ongoing lawsuit.
- Don’t post anything about your accident on social media. It’s best for you to refrain from using your accounts altogether while Kherkher Garcia, LLP works on a legal strategy. Defense attorneys can access public accounts to look for evidence that works in their favor. If there’s anything that might disprove your injury, they could present it in court.
- Don’t admit partial fault. Even if you think you’re partly to blame for the accident, you shouldn’t come forward with that information. You could be wrong. And proportionate responsibility is a Texas law that diminishes an injured victim’s monetary losses by the percentage of fault they share. If the jury determines you were even a little responsible for your injuries, you could end up receiving much less compensation than you need.
- Don’t sign documents from the defense attorneys. They might send you forms to complete or sign. However, you should forward them to your Houston nonsubscriber injury lawyer before filling out any of them. You could unknowingly authorize them to request your medical records from years before the accident to tie your injury to a preexisting condition. You also might sign something that waives certain rights afforded to you during a lawsuit.
- Don’t settle your case if you haven’t hired a lawyer. The defense team represents the interests of your employer. They do not care about providing a significant payout to compensate for your losses. They want to save their client as much money as possible. That could result in a lowball offer, and if you don’t know the value of the award you deserve, you might feel tempted to accept.
Immediate action is necessary when you want to hold your employer liable. The sooner you file suit, the more time you will have to prepare your case, resolve disputes, and overcome obstacles that stand in your way.
Common Causes of Job-Related Injuries and Illnesses
Accidents constantly happen at places of business. It doesn’t matter if you sit at a desk all day or perform grueling tasks at an oil refinery – you could suffer severe injuries that require emergency care.
Your employer or another party’s reckless or negligent actions could be to blame for the accident. If they did anything to contribute to the dangers you encountered at work, you deserve to hold them liable and secure a financial award that allows you to get your life back on track.
The most common causes of workplace accidents are:
- Exposed electrical components
- Faulty or damaged equipment or machine parts
- Poorly maintained vehicles
- Violation of building and safety codes
- Lack of adequate inspections
- Failing to perform thorough background checks on prospective employees
- Hazards in walkways and work areas
- Unsecured ladders, platforms, and scaffolding
- Insufficient safety devices and gear
- Improperly stored chemicals
- Freshly mopped or slippery floors
- Loose carpeting or floorboards
- Negligent security personnel
- Failing to offer training programs
Employers could be responsible for any of these issues that result in an injury or death. Workers exposed to dangerous situations are at risk of suffering physical and emotional harm that could last a lifetime. If you face ongoing medical treatment and expensive bills, do not hesitate to reach out to Kherkher Garcia, LLP to discuss the appropriate steps to take next.
Common Injuries Suffered in Workplace Accidents
There are countless industries you can choose from when deciding the type of job you want. It doesn’t matter how safe your duties might seem. You could end up in a situation that leads to a catastrophic accident.
Injuries can range from minor to debilitating. Additionally, you’re not only at risk of physical harm. You could also suffer the psychological effects of an accident. If you’re delivering consumer goods to someone’s home, you could end up in a destructive vehicular accident and suffer post-traumatic stress disorder. A disabling injury could cause depression and prevent you from wanting to leave your house.
The most common injuries associated with workplace accidents are:
- Loss of limb
- Overexertion injuries
- Hearing loss
- Concussion or traumatic brain injury
- Broken bones
- Spinal cord damage
- Toxic chemical exposure
- Heat exhaustion
- Electrical shock
- Burns and lacerations
- Permanent scarring
- Psychological trauma
- Back injuries
- Torn ligaments and tendons
- Muscle sprains and strains
- Repetitive motion injury
- Illnesses such as mesothelioma and lung disease
Sometimes, job-related injuries are permanent and become disabling physical or mental conditions. If you have limited function, you might not be able to return to your usual work or to any place of employment. Without an income, you can’t pay for all the costs you incur for ongoing treatment and daily assistance performing routine tasks.
The economic strain can cause significant stress you shouldn’t have to deal with when the accident was something your employer could have prevented. The Houston nonsubscriber injury lawyers of Kherkher Garcia, LLP are ready to fight by your side to achieve your goals.
Compensation Available Following a Nonsubscriber Injury in Houston
Workers’ compensation benefits limit injured employees to minimal losses. You can only seek a portion of your lost wages and payment of your medical bills and related costs. However, with a personal injury lawsuit, there’s a wider range of available losses you can pursue from the at-fault party.
Losses fall under two main categories: economic and noneconomic. Economic losses are expenses associated with the accident, such as:
Loss of future earnings
Damage to personal property
Past and future medical bills
Loss of household services
Noneconomic losses are intangibles that indicate the impact of the accident on your life. They are:
Loss of consortium
Pain and suffering
When you file a lawsuit, you can seek compensation for all the losses you suffered due to your workplace injury or illness. You might also be entitled to exemplary damages. Instead of compensating you for your past and future losses, an award of exemplary damages punishes the at-fault party for their actions and deters similar misconduct from occurring in the future. You must provide the jury with clear and convincing evidence of the defendant’s fraud, malice, or gross negligence to secure this financial award.
Deadline to File a Lawsuit
If you discover that your employer is a nonsubscriber to workers’ compensation insurance, you could sue them. However, you must follow a specific timeframe if you want to collect compensation. The deadline to file your lawsuit is found in a law called the statute of limitations. Texas has a two-year statute of limitations for all personal injury lawsuits. That means you must initiate your case within two years of the accident date, or you could lose your right to hold your employer accountable.
There are only two major exceptions to this law. You could extend the statute of limitations if:
You are of unsound mind. The two-year timeframe would stop running until you gain mental competency; or
You were under 18 when the accident happened. You would have two years after you turn 18 years old to file suit.
Lawsuits are complicated. They’re a huge undertaking, especially if you haven’t hired a lawyer to help. Don’t try to take on the responsibility yourself. Kherkher Garcia, LLP can file your lawsuit, gather evidence, and determine how we can fight against your employer in court for the maximum available compensation.
Let Kherkher Garcia, LLP Take Care of the Accident Investigation
The Houston nonsubscriber injury lawyers of Kherkher Garcia, LLP will take over your case by handling the investigation, so you don’t have to worry about it. We need to determine what caused the accident and if your employer is to blame, so we can create an effective plan that meets your needs.
We have access to a range of resources we can utilize to locate and secure evidence critical to your situation. Examples of the evidence we might need to prove what happened to you are:
- Video surveillance
- Maintenance and repair logs
- Inspection reports
- Incident/police report
- Pictures from the accident scene
- Statements from witnesses
- Expenses related to the repair or replacement of damaged personal property
- Your medical records, doctor bills, prescriptions, and other expenses
- Statements from accident reconstruction specialists, medical experts, and other experts familiar with workplace injuries
If we can prove that your actions weren’t responsible for the accident, we might be able to convince a jury that you should receive compensation from your employer. Building a case can be a time-consuming and tedious process, but Kherkher Garcia, LLP knows how to handle each step efficiently. We know you don’t want your case to drag on unnecessarily. Our goal is to put money in your pocket so you can put this devastating experience behind you and move forward with your life.
Pursuing a Wrongful Death Case
In Texas, the definition of wrongful death is one that is caused by someone’s carelessness, wrongful act, unskillfulness, neglect, or default. The fatal injury or illness your loved one suffered must have been one that would have entitled them to compensation if they had survived the accident.
A wrongful death lawsuit isn’t the same as a criminal case. During a lawsuit, you’re seeking compensation for your losses. Criminal cases aim to punish the defendant with imprisonment, fines, probation, or another type of penalty. A wrongful death lawsuit is meant to obtain compensation for the surviving family of the deceased.
Specific family members could pursue a wrongful death lawsuit if they lost someone due to the negligent actions of their loved one’s employer or another party. They include:
A surviving spouse
If there aren’t any surviving relatives or you don’t initiate your case within three months of the deceased’s death, the estate’s administrator or personal representative can file suit. However, they’re prohibited from moving forward with legal action if you explicitly ask that they don’t pursue this case.
Multiple losses may be eligible for compensation after your loved one’s death. Examples include:
- Mental pain and anguish experienced by surviving relatives
- Lost earning capacity
- Loss of companionship, comfort, society, and love
- Lost care, services, maintenance, advice, support, and counsel the deceased provided
- Lost inheritance, including what the deceased could have saved if they survived the accident
The statute of limitations deadline to file a wrongful death suit is two years. You have two years from the date your loved one dies to sue the at-fault party and hold them liable. If the statute expires, but you try to file your case anyway, the court will likely dismiss it.
# of Fatal Injuries Due to Slip/Trip and Fall
# of Fatal Injuries by Job Industry
- Transportation and Warehousing
- Agriculture, Fishing, and Hunting
- Retail Trade
- Leisure and Hospitality
Nonsubscriber Injury Frequently Asked Questions
At Kherkher Garcia, LLP, our Houston nonsubscriber injury attorneys know that the road to recovery can be a long and arduous process. Whether you suffered injuries or lost your family member in a workplace accident, you need guidance and support. You can depend on us to prepare you for what you’re about to face. Below are common questions asked by injured workers.
- Lost income from your inability to work
- Length of time it takes to heal
- Emotional or mental effects of the accident
- Amount of evidence proving someone else was at fault
- Duration of necessary treatment
- Type and severity of your injury
- Permanent injuries due to the accident
- Total incurred expenses
- Future medical care, household assistance, and other necessary costs
- Diminished quality of life
Contact Kherkher Garcia, LLP Today
Kherkher Garcia, LLP wants to help workers who were wronged by their employer’s actions. You deserve legal advice about your case without being forced to pay a consultation fee. We offer free initial consultations to workplace accident victims and their families to advise them about the available legal options. You’re under no obligation to hire one of our Houston nonsubscriber injury attorneys after meeting with us. We never force anyone into a decision they’re not comfortable with or ready to make. You can take your time choosing the best course of action to meet your needs. Just don’t wait until the statute of limitations expires.
Our legal team doesn’t allow experienced defense lawyers to intimidate us. We have just as much experience to litigate your case and fight for the compensation you deserve. We take pride in our work and always look for ways to personalize our services to each client who hires us. We are not a one-size-fits-all kind of law firm. We develop and implement a game plan that could work for your specific injury.
With help from one of our Houston nonsubscriber injury lawyers, you can feel confident knowing you’re in talented and dedicated hands. Our mission isn’t to resolve your case quickly and collect our legal fees. We want what’s best for you, and your goals become our goals. Call us for your free consultation at (713) 333-1030 right now if you were injured at work and your employer doesn’t carry workers’ compensation insurance.