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What Does A Workplace Accident Lawyer Need To File A Case?

Monday, June 3rd, 2019
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When an employee has been involved in a workplace accident, they may be worried about many things. This includes any medical bills they have to pay and if they will be able to keep their job. If an employer does not carry workers compensation insurance (which is not required in Texas), injured employees may not receive compensation at all.


When an employer doesn’t carry workers comp

If you are injured in a workplace accident, your first step will likely be to file a workers comp claim. But, if your employer does not carry this insurance, you may not get any compensation for your injury. This means that you can file a nonsubscriber case. This type of lawsuit does not look at any amount of fault you may have had in the accident. Although it can take more effort, there are benefits to this type of case.

  • You will not be limited by local laws stating how much you can be given through workers compensation. This is often two-thirds of your lost wages.
  • A workplace injury lawyer can help you with all of the paperwork.
  • A lawyer can also help you seek the most for your pain and suffering.
  • You aren’t limited to lost wages in a lawsuit.

What your lawyer will need for your case

One of the first things you will need to do when you hire a lawyer is to provide them with some information. This includes multiple forms of documentation and statements.

The details of the accident

You will need to give details about the nature of your accident like where you were when you were injured. Were you at your place of employment or out on work-related duties? A lawyer can help you determine what locations count. If you are able, gather evidence from the scene as soon as possible. This means pictures of your injury and what caused the accident.

Documentation about your employment

Your workplace injury lawyer will need to know about the nature of your employment. Are you an employee who works for a salary or an hourly wage? Are you a temporary worker hired through an agency or working on the side for cash? If you were injured because of a vehicle, were you driving and if so, was it a company vehicle?

Understanding the laws associated with workplace injuries and employment status can be confusing, but a lawyer can help you make sense of them.

Witness statements and your statement

Witnesses can include anyone who saw your accident happen and doctors who treated you immediately after the event. Their statements can prove to be a vital part of your case. Your statement will also be important and can include the report you made to any authorities after the accident and what you legally testify happened.

Other documents your lawyer will need

You will need any pictures you have of your injury now and after treatment. If you received medical attention right away, you should gather the records and bills from that as well. There may also be deadlines you will need to follow regarding alerting your employers about the accident as well as those pertaining to personal injury lawsuits.

Do you need the help of a workplace accident lawyer?

Work accidents are stressful enough without having to worry about lost wages, medical bills, and long-term side effects. When you don’t have any assurance about these issues, they can be devastating. Speaking with a skilled attorney can help. Attorney Dean Boyd and his caring Team are ready to help you handle your Workplace Injury case. You can reach us at (806) 242-3333 or Send Us an Email to learn more. You can also visit us in person at 4423 SW 45th Ave in Amarillo, Texas or 10623 Quaker Ave #102 in Lubbock, Texas.

*The content on this website is for informational purposes only and should not be taken as legal advice. Viewing this information does not establish/constitute an attorney-client relationship with the law firm of Attorney Dean Boyd.