workplace accidents

Types of Workplace Laws

Depending on the type of injury, the circumstances surrounding the accident, and the relationship between the employer and the employee, your workplace accident case will fall under one of these categories:

• Duty of Care
• Injured Contractor
• Workers Compensation Claim
• Non-Subscriber Work Injury
• Third-Party Liability

Duty of Care

As an employee of a specific company you are guarded by the business’s duty of care to you. This essentially means that it is the employers responsibility to ensure that you are in a safe work environment. However, the employer is not responsible for everyone they hire. If they hire outside contractors or if the employee did not follow proper safety protocol, the case would not fall under this category.

Injured Contractor

In many cases, companies are not held liable for injuries relating to outside contractors. However, if the company was negligent, did not take reasonable care, or did not avoid foreseeable harm, a case can be made. 

Worker’s Compensation Claim

In many instances when an employee is negligent on the job site, there is no case to bring forth. In the state of Texas, employers are required to have workers’ compensation. Therefore, if an employee is negligent they are protected from a lawsuit and are also able to provide for the injured employee. 

Non-Subscriber Work Injury

As we mentioned, Texas requires employers to have workers’ compensation. However, some companies are exempt from this–including private companies. This means that when an employee has a work-related injury, the company cannot provide insurance and is open to a lawsuit.

Third-Party Liability

In cases where the employer is covered by workers’ compensation, and they are not found to be liable in any way, the employee can seek to sue a third-party who may have also been liable. This third-party can include any other person or entity that may also share responsibility for the accident. Such as, a vendor, a driver, or a manufacturer. 

Common Workplace-related Accidents

Among workplace-related accidents there are a few that typically occur. They can include:

• Electrical accidents
• Falls
• Heatstroke
• Exposure to toxic substances
• Accidents involving machinery
• Injury due to falling debris
• Fire/Explosion accidents
• Automobile Accidents

Common Causes Of Workplace-related Accidents

These workplace-related accidents can happen in any workplace environment, but some industries have a much higher chance of injury. These industries include construction, transportation, steel, agriculture, maritime injuries, and the oil industry. These accidents are predominantly caused by negligence, but other accidents can be caused by faulty equipment, lack of safety protocol, and hazardous working conditions. Because of the intensity of some work environments, workplace injuries can range from mild to fatal.

According to the U.S. Bureau of Labor Statistics, the state of Texas ranks number one in workplace-related fatalities. The number one cause of these fatalities is due to driver/vehicular-related incidents. 

The cause of these workplace accidents is hotly debated. Many lawmakers believe that these stats are due to the lack of regulations in the state. Unlike many states, Texas is one of the only states where private employees are not required to have worker’s compensation insurance. Similarly, many of Texas’ rules do not abide by OSHA (Occupational Safety and Health Administration) regulations. For example, OSHA standards require workers to receive regular rest breaks while on the job site; however, Texas does not abide by this standard. This means that workers can be working outside, in the heat, in the dead of summer, for hours on end. 

Paxton Law Your Workplace Accident Lawyer

When workplace accidents occur, you need a workplace accident lawyer who knows the laws. Workplace accident cases can be difficult to manage. Many places will want to place the blame on someone else, and you could be buried in paperwork up to your head.

With over 20 years of workplace accident experience, Paxton Law Firm has the expertise to get you what you are owed. We have helped people recover lost wages, receive coverage for medical bills and expenses, and receive compensation for their pain and suffering. We offer free consultations, so why wait? Don’t lose out on the money you deserve, call the Paxton Law Firm today.