The Southeast Texas Record recently posted a story about a worker who filed a personal injury lawsuit against his Texas employer. The company in question is T.W. Odom Management services and the lawsuit relates to a work injury that occurred in January of 2014. The worker was injured when he slipped on a loose piece of flooring. The lawsuit alleges that the injury was caused by the company’s negligence. Texas workers have the legal right to safe working conditions. If you have been injured on the job, contact a work injury lawyer near you as soon as possible. Time is always of the essence in workplace injury cases.
Do I Need to Prove Negligence in a Texas Work Injury Case?
You might need to prove negligence to collect compensation for your Texas workplace injury. If you work for an employer who has subscribed to the state’s Workers’ Compensation insurance system, then you can file for workers’ comp and negligence will not be a relevant factor in your case. You do not need to prove fault to collect workers’ compensation. However, you may need to file a personal injury lawsuit in relation to your workplace injury as happened in the case against T.W. Odom Management. This type of lawsuit could be necessary if your employer does not carry workers’ compensation coverage or if you are using a third party who caused your injury, Either way, if you are filing a personal injury lawsuit, you will need to prove negligence to win your case.
Proving Negligence in A Work Injury
Work injury negligence has the same four elements as negligence in any other injury. The elements are duty, breach, causation, and damages. In the case mentioned in the article, it is alleged that the employer was negligent when the employee was injured due to loose flooring. Proving this becomes extremely fact and case-specific. In a case like this, the element of ‘breach’ would most likely be the most fiercely contested element by the employer. If the worker is to prevail in this case, the worker must prove that those loose floorboards represented a risk that a reasonably prudent employer would have noticed and would have been able to eliminate. An experienced personal injury attorney is vital in the situation. The employer and any insurance company they use, will no doubt do anything they can to try to establish that there was no breach and therefore no negligence. No negligence can mean no compensation. If you have been injured at work, you need a qualified work injury attorney who can prove the employer’s negligence and get you full and fair compensation for your injuries.
Contact An Experienced San Antonio Work Injury Attorney
Workers are the key to the Texas economy and there is nothing more important than their safety. When you are out working hard to provide for your family, we must do everything we can to ensure that your employer provides you with fair and safe conditions. If you have been injured on the job, you need the professional assistance of an experienced workplace injury attorney. At the Law Offices of Ronald A. Ramos, we have the experience necessary to get you the fair compensation you deserve. Contact our office today to schedule a free case evaluation.
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