30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
FREE PLANO WORK INJURY LAWYERS
CASE EVALUATION
30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
TESTIMONIALS FOR PLANO WORK INJURY LAWYERS
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Plano Work Injury Lawyer: Your Advocate for Workplace Justice
A workplace injury can disrupt your life, affecting your health, finances, and ability to provide for your family. In Texas, many employers do not carry workers’ compensation insurance, leaving injured workers to seek legal options. If your injury was caused by employer negligence, such as unsafe conditions or lack of safety measures, you may be able to file a non-subscriber claim to recover compensation.
Non-subscriber claims allow injured workers to seek damages for medical expenses, lost wages, pain and suffering, and other losses. These cases require proving employer negligence through evidence like safety records and witness statements. Employers and insurers may argue that you were partially at fault to reduce or deny compensation. Texas law reduces damages based on your percentage of fault and denies recovery if your fault exceeds 50%. A lawyer can build a strong case and challenge these defenses to protect your claim.
If you’ve been injured at work and your employer doesn’t carry workers’ compensation insurance, act quickly. The statute of limitations in Texas is generally two years from the date of the injury. Prompt action preserves evidence and ensures deadlines are met.
A work injury lawyer Plano can guide you through the process and help you seek the compensation you need to recover and move forward.
Understanding Non-Subscriber Work Injuries and Your Rights
In Plano, some employers do not carry workers’ compensation insurance, leaving injured workers without automatic protections. These employers, called non-subscribers, require employees to prove their injury was caused by employer negligence to recover compensation. This can involve showing evidence of unsafe conditions, lack of training, or defective equipment. Unlike workers’ compensation, non-subscriber claims allow broader recovery, including pain and suffering, but Texas law reduces or denies compensation if the worker is partially at fault, making it essential to build a strong case.
Non-subscriber claims provide an opportunity to recover damages for medical expenses, lost wages, emotional distress, and even future earning capacity. In cases involving permanent injuries or wrongful death, families may seek support for long-term care, dependents, and funeral costs. Employers often dispute these claims, arguing the worker was at fault or that the danger was obvious. Acting quickly is critical since the statute of limitations is typically two years. By understanding your rights and taking prompt action, you can hold negligent employers accountable and work toward the compensation you deserve
Common Causes of Serious Workplace Injuries
Severe workplace injuries can result from a variety of unsafe conditions. Some common causes include:
- Slips and Falls: Hazards like wet floors or uneven surfaces often lead to fractures, head injuries, or worse.
- Machinery Accidents: Faulty equipment or inadequate safety training can cause life-altering injuries.
- Hazardous Exposure: Dangerous chemicals or toxins can lead to respiratory issues or long-term illnesses.
- Falling Objects: Improperly secured items can result in severe head or spinal injuries.
Such incidents are preventable with proper safety measures. When negligence plays a role, employees have the right to seek justice.
Why Legal Representation Matters
Pursuing a non-subscriber claim after a workplace injury can feel overwhelming. Unlike workers’ compensation, these cases require you to prove that your employer’s negligence caused your injury. This process may involve gathering evidence such as safety records, photos, or statements from coworkers, while also addressing challenges from employers or their insurance companies, who might argue the injury was your fault or unrelated to their actions.
Work injury lawyers Plano can handle the legal complexities so you can focus on recovery. They investigate the details of your case, collect evidence, and negotiate with insurers and employers to advocate for fair compensation. In addition to medical bills and lost wages, a Plano workers compensation lawyer can help you seek compensation for pain, suffering, and long-term care needs. With legal support, you can better navigate the claims process and take steps toward rebuilding after your injury.
Steps to Take After a Serious Workplace Injury
After a serious workplace injury, taking the right steps can protect your health, legal rights, and ability to pursue compensation. Here’s what you should do:
Notify Your Employer
Report the incident to your employer as soon as possible. Provide detailed information, including when, where, and how the injury happened. Delays in reporting can complicate the process and may lead to disputes. Request a copy of the incident report for your records.
Seek Medical Attention
Even if your injuries seem minor, seek immediate medical care. Some injuries may worsen over time if left untreated. A thorough evaluation not only ensures you get the care you need but also creates documentation of your injury, which is important for any potential claim. Keep all medical records, receipts, and follow your doctor’s advice.
Gather Evidence
Document the conditions that led to your injury. Take photos or videos of the area, equipment, or any hazards that contributed to the incident. Collect contact information from any witnesses and save any relevant workplace policies or communications. This evidence can help establish what caused the injury and support your case.
Consult a Lawyer
Before communicating with insurance companies or signing any documents, consult a lawyer experienced in non-subscriber workplace injury cases. Legal professionals can guide you through the process, help organize evidence, and address disputes or challenges from employers or insurers. Having a lawyer can also reduce the stress of managing the legal process on your own.
Track Your Recovery
Maintain a record of how your injury affects your daily life. Keep notes about physical pain, emotional struggles, and any limitations you face. Save receipts for related expenses, such as medical supplies, transportation to appointments, or home modifications. This information can help support claims for damages like pain and suffering or reduced earning capacity.
PLANO WORK INJURY LAWSUIT
STEPS AND PROCESS
1
Collect All Available Evidence
Every case rests on the backs of investigators who dig deep. We’ll investigate your accident and find evidence like police reports, hospital records, and witness statements. Our injury attorneys go deep into each potential avenue of inquiry, leaving no stone unturned in their exhaustive search for justice.
2
Write a Letter of Demand
A demand letter will be addressed to the offender and their insurance provider or legal counsel. The full financial burden is considered, including future medical expenditures, wage losses, and other expenses.
3
Negotiation
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
4
Begin Filing a Lawsuit for Injury
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
5
Discovery
Now that we have filed suit, we have the right to obtain information from the defendants that they were previously unwilling to release. By serving them with Requests for Admissions, Interrogatories, and Document Production, we can investigate the validity of their allegations.
6
Mediation
Once both parties have reviewed the facts of the case, a mediation session may be planned to see whether or not an amicable resolution may be reached. The defense will hear our position from a non-biased individual (Mediator), and we may continue bargaining with the insurance company over a reasonable payment.
7
Civil Trial for Injury
We will go to trial if a reasonable settlement cannot be reached. We’ll argue your case in court, using the information found through discovery and any necessary expert testimony. Many of us would rather have a jury decide our cases than a judge, as juries tend to be more compassionate in times of tragedy.
8
Settlement
A settlement has been reached if an agreement can be made before trial. In return for release of all personal injury claims, you should get a settlement that accounts for all your losses up to and including the date of your injury, fees, taxable cost, medical expenditures, lost wages, pain and suffering, etc.
9
Appeal
Suppose the jury decides against you. We will then file an appeal if we believe the defense or the court made a legal mistake. Additional data and legal arguments on our part will likely be required to convince the court of our position. The court, if we prevail, may decide to overturn its earlier ruling or even retry the case.
RESPONSE TO SOME GENERAL QUESTIONS
Who will pay for my medical bills after an accident?
Who is Responsible for the Cost of Property Damage After a Car Accident?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
What does “No Recovery, No Fee” mean?
Who will pay for my medical bills after an accident?
Who Will Pay for My Car Accident Medical Bills
Determining who will be responsible for your car accident medical bills depends on several factors: the cause of the accident, your level of fault, and the insurance coverage held by the other driver. In such circumstances, seeking guidance and support from a personal injury lawyer, Dallas can prove invaluable.
Following a car accident and sustaining injuries, it is natural to wonder who will bear the burden of your medical expenses and treatment costs. While a car accident injury settlement or a trial verdict can provide financial relief, they may not offer immediate assistance in covering your medical treatment. The answer, in essence, relies on the accident’s nature, the relevant state laws, and the specific insurance policies involved.
General Rule – Ongoing Payment Responsibility Rests with the Injured Party
It is crucial to understand that, in most cases, if you are involved in an accident, you are responsible for paying your medical bills as they are incurred. The only exception occurs in “no fault” states, which will be discussed below. Even if the at-fault party is clearly responsible for your injuries, the law does not mandate them to cover your bills on an ongoing basis.
The law only requires them to provide damages to resolve your lawsuit, and in many instances, your medical claim is included in those damages. However, the defendant is not obligated to pay your medical invoice as they arise.
Car Accidents – “No Fault” States
In motor vehicle accident cases, the coverage of hospital bills depends on whether the accident occurred in a “no fault” state. In “no fault” insurance states, your automobile insurer will cover some or all of your hospital bills resulting from a car accident, regardless of fault. However, there is typically a limit to what your own automobile insurance company will pay, varying from state to state but generally around $10,000 or less.
Once your medical expenses exceed the state’s “no fault” limit, you become responsible for paying them. If you have health insurance, your provider will cover your bills. In the case of Medicare or a state-run health insurance program through Medicaid, these entities will handle the bills. If you lack health insurance, Medicare, or Medicaid, you will need to arrange payment agreements directly with your healthcare providers.
Motor Vehicle Accidents – Non-“No Fault” States (Dallas, TX)
If you are involved in a serious accident in a state without “no fault” insurance, you will generally be responsible for paying your expenses until you claim compensation from the at-fault party. However, some drivers in these states have medical payment or Personal Injury Protection (PIP) insurance coverage, commonly known as “med pay” and “PIP” coverage.
This coverage will pay for the fair compensation of drivers or passengers involved in a car accident with the insured party, up to the “med pay” policy limits, which are typically less than $10,000. Once your bills exceed these policy limits, you will be responsible for payment.
Medpay and PIP funds can be utilized initially to cover health insurance deductibles, co-pays, and lost wages until you recover from the at-fault party. If you lack such coverage, in most cases, you will need to find healthcare providers willing to treat you upfront and defer their bills until you receive compensation from the insurance company.
Premises Liability: Slip or Trip and Fall Accidents
In premises liability or slip and fall cases, the responsibility for payment of medical bills typically falls on the injured person, unless the premises owner’s property insurance policy includes “med pay” coverage.
Dallas personal injury attorneys with experience in handling personal injury claims related to premises liability understand that “med pay” coverage can be beneficial. If the premises owner has this type of insurance coverage, the injured person’s medical bills will be paid by the insurance carriers, up to the limits specified in the “med pay” policy. However, once the “med pay” limits are exhausted, the injured person becomes responsible for paying the remaining bills.
Boating Accidents
Boating insurance policies seldom include “med pay” coverage. Consequently, personal injury victims involved in boating accidents will likely be responsible for covering their own expenses. It is crucial for individuals who suffer injuries caused by boating accidents to consult the right lawyer in Dallas to understand their legal options and seek rightful compensation for their injuries.
Work-Related Accidents
In the unfortunate event of a work-related accident due to gross negligence, personal injury victims may find relief if their company carries workers’ compensation insurance. In such personal injury cases, the workers’ compensation insurer will cover all the medical bills incurred by the injured party. It is important to note that these victims involved in work-related accidents are not required to contribute any money towards their expenses, including bills or deductibles.
Moreover, our Fort Worth, Dallas personal injury lawyers who handle personal injury cases are well-versed in the laws pertaining to workers’ compensation and can ensure that victims receive proper reimbursement for transportation expenses related to medical appointments. However, if a company does not have workers’ compensation insurance, pursuing damages under Texas non-subscriber laws becomes necessary.
Reimbursement for Medical Bills Paid by Insurers
If health insurers, Medicare, or the state agency administering Medicaid benefits have paid for your medical bills in relation to the accident, they are entitled to reimbursement for the amount they disbursed to your healthcare providers. Skilled Dallas personal injury attorneys can help navigate the complexities of dealing with insurers and ensure fair reimbursement processes.
Worst-Case Scenario
In the worst-case scenario where an accident occurs, insurance coverage is unavailable, and it is determined that there is no personal injury case due to factors such as personal fault or insufficient evidence, the injured party becomes solely responsible for all medical expenses. These victims facing this situation have limited options and should seek legal counsel to explore any possible alternatives.
Who is Responsible for the Cost of Property Damage After a Car Accident?
Who is Responsible for the Cost of Property Damage After a Car Accident in Dallas?
In Dallas, Texas, the responsibility for covering the cost of property damage resulting from a car accident lies within specific legal parameters. As a car owner, you have the right to choose the body shop for repairing your vehicle. However, determining who will foot the bill for your property damage depends on the urgency of your vehicle’s repair and whether the at-fault party has accepted liability.
In Dallas, as in most places, the responsibility for the cost of property damage after a car accident typically falls on the at-fault driver’s insurance company. Texas follows a fault-based system, meaning that the driver who caused the accident is generally responsible for covering the damages.
If you were not at fault in the accident, you can file a claim with the at-fault driver’s insurance company to seek compensation for your property damage. Their insurance should cover the cost of repairing or replacing your damaged property, such as your vehicle or any other damaged property involved in the accident.
It’s important to gather evidence and documentation of the accident, including photographs, police reports, witness statements, and any other relevant information that can support your claim. You should notify your insurance company about the accident as well, even if you are not at fault, to ensure they are aware of the situation.
If the at-fault driver does not have insurance or is underinsured, you may need to rely on your own insurance coverage, such as uninsured/underinsured motorist coverage, to help cover the property damage costs.
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
When you engage the services of our Dallas personal injury law firm, we ensure complete transparency regarding our fee structure. There are no hidden charges or surprise fees that catch you off guard. We take the time to explain the details of our contingency fee agreement, outlining all the fees and expenses involved.
In fact, paragraphs 1 and 2 of our agreement provide a comprehensive breakdown, and we require your initials next to each item to confirm your understanding. Our aim is to establish trust with our clients, providing them with peace of mind and alleviating any concerns. Our goal is not to profit at your expense but rather to obtain the best possible results for your injuries and damages.
Are My Medical Bills And Attorney Fees Combined?
It’s important to note that your medical bills and attorney fees are separate entities. While our law firm fees are based on the “No Fee, No Recovery” concept, your medical bills remain your responsibility. For instance, if you received a bill from the emergency room following your accident, it is your obligation to settle that bill as it does not fall within our purview to waive it.
However, when you enter into a contract with an experienced personal injury lawyer in Dallas, such as ourselves, you grant us permission to reimburse the medical providers from the eventual settlement or judgment you receive. This arrangement ensures that your expenses are appropriately handled while allowing us to pursue the compensation you rightfully deserve for your harm or serious injury.
Who Covers the Expenses of Managing My Case?
The good news is that, as experienced personal injury attorneys in Dallas, TX, we have provisions in our contingency contract that allow us to bear the expenses associated with your case. Our law firm agreement enables us to cover the necessary costs throughout the process, and once we secure a settlement on your behalf, we will deduct those expenses from the settlement amount.
It’s important to understand the typical expenses involved in a personal injury case, as they can be significant. For instance, the police department charges a fee for providing copies of the police report, collision videos, and the police call log. Medical providers charge per page to produce your medical records. Filing a lawsuit incurs fees imposed by the court.
What sets our law firm apart is our commitment to leveraging digital resources to streamline these requests and save you money at every turn. For example, our Dallas personal injury attorney makes digital requests for your medical records and bills, opting for a flat fee instead of a per-page charge.
Our communication is predominantly conducted through email and client portals, providing you with convenient and cost-effective access to our Dallas personal injury lawyers. This approach allows us to operate as a faster and more affordable law firm, dedicated to serving your needs.
What does “No Recovery, No Fee” mean?
What does “No Recovery, No Fee” mean?
“No Recovery, No Fee” or “No Attorney Fee if No Recovery” means that you will not be responsible for your attorney fees if we lose your case, or do not settle your case with the responsible party or their insurance company. We will charge you a percentage of the settlement instead of the typical retainer and hourly fees that attorneys charge.
Therefore, if we lose your case any percentage X $0.00 = $0.00 and you owe us nothing for attorney fees. This agreement allows you as a victim of a car accident to receive the proper medical attention that you need without worrying about the outrageous legal fees piling up. Also, this will give you the opportunity to handle your property damage much faster and get back to your daily lives.
In the other Sections, we explain that although there are no attorney fees if there is no recovery, your medical bills and expenses are still due and the medical providers will want payment irrelevant of the results. In addition, we explain in some rarer circumstances that if we lose you may be responsible for attorney fees and taxable court costs of the defendant if the judge exercises discretion and grants them.
What damages can I recover in a non-subscriber case?
In Texas, non-subscriber cases allow workers who have suffered serious injuries or families of those who have experienced a wrongful death to seek compensation. Recoverable damages can include medical expenses, such as hospital stays, surgeries, medications, physical therapy, and any necessary future treatments related to the injury. For serious injuries, workers may also recover lost wages and compensation for reduced earning capacity if their ability to work is permanently impacted. Pain and suffering, emotional distress, and loss of enjoyment of life may also be considered. In cases of wrongful death, compensation may include financial support for dependents, funeral costs, and loss of companionship. A lawyer can help you identify the specific damages applicable to your case and guide you through the legal process.
What if my employer argues the injury was my fault?
Employers often try to reduce liability by arguing that the injured worker’s actions contributed to the accident. Texas law uses a proportionate responsibility system, which allows you to recover damages if your share of fault is less than 51%. However, any compensation is reduced by your percentage of fault. For example, if you are found 20% at fault, your damages are reduced by 20%. To address these defenses, it’s critical to show that the employer’s negligence, such as unsafe conditions, inadequate training, or defective equipment, caused or contributed to the injury. A lawyer experienced in non-subscriber cases can help gather safety records, expert testimony, and other evidence to build a strong case.
How long do I have to file a claim?
The statute of limitations for non-subscriber claims is generally two years from the date of the injury or death. Filing within this timeframe is essential to preserving your right to seek compensation. Acting quickly ensures that critical evidence, such as witness statements or workplace safety records, is preserved. In certain situations, exceptions may apply, such as injuries that are discovered later. Consulting an attorney early helps you meet deadlines and strengthen your case.
Do I need a lawyer for a non-subscriber case?
Non-subscriber cases involving serious injuries or wrongful death are complex and often involve disputes over fault and the extent of damages. Having a lawyer is highly recommended, as they can help prove employer negligence, handle negotiations with insurers, and pursue fair compensation. Legal representation is especially important in serious cases where damages may include long-term medical care, significant lost wages, or wrongful death benefits. A lawyer manages these complexities, allowing you to focus on recovery or supporting your loved ones.
What types of evidence are critical for a non-subscriber case?
In non-subscriber cases involving serious injuries or death, strong evidence is key. This may include workplace safety records, photographs or videos of the accident scene, and witness statements. Medical records and expert testimony are essential to demonstrate the severity of injuries and how they occurred. For wrongful death cases, additional evidence, such as documentation of lost financial support or the impact on dependents, may be required. Early preservation of evidence is vital, and a Plano workers compensation attorney can help gather and organize the materials needed to build a compelling case.
GET TO KNOW OUR PLANO WORK INJURY LAWYERS
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SEAN CHALAKI
- Texas Super Lawyers: Rising Star 2016 2023 2024
- Law Firm of the Month by Attorney at Law Magazine 2016
- Top 40 under 40 Trial Attorney by The National Trial Lawyers (2015, 2016, 2022)
- Board Member Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Danielle Hall, Individually Anf Amh-s V. Witron Integrated Logistics, Inc. Et
- Best Lawyers Ones to Watch 2022
- Best Lawyers 2024
YASAMIN MOUSSAVI
- Principal / Texas and New York Litigation Attorney
- Licensed Attorney with State Bar of Texas
- Licensed Attorney with State Bar of New York
- Licensed Attorney in Federal and District Court
- South Australian Bar Association
SHAWN HASHEMI
- Principal / Litigation Attorney
- State Bar of Texas
U.S. Federal District Court for Northern District of Texas - U.S. Federal District Court for Eastern District of Texas
- U.S. Federal District Court for Southern District of Texas
- U.S. Federal District Court for Western District of Texas
ABBAS HARATI
- Admitted to the State Bar of California
- Certified Mediator in the State of Texas
- Member of the Orange County Trial Lawyers Association
- Member of the Consumer Attorneys Association of Los Angeles
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6 Responses
I’ve always wondered what happens when a worker is exposed to toxic substances but doesn’t realize the harm until years later. Do time limits for filing claims change in these cases? It seems unfair for workers to lose their chance at compensation just because the effects weren’t immediate.
In cases where the effects of toxic exposure appear years later, time limits for filing claims often depend on when the worker became aware of the harm. Many states have laws that start the clock on the statute of limitations from the “date of discovery” rather than the exposure itself. This allows workers to seek compensation even if the harm wasn’t immediate. Consulting a lawyer early can help clarify the timeline and ensure you don’t miss your chance to file.
My manager once pressured me to return to work before I was fully healed from an injury. Are there legal protections against this kind of treatment? Feels so unfair
Pressuring an employee to return to work before fully healing is not only unfair but may also violate workplace safety and labor laws. Workers are protected under laws like OSHA and anti-retaliation provisions, which prohibit employers from forcing injured employees back to work prematurely. If this happens, you can file a complaint or consult a lawyer to protect your rights and prevent further mistreatment.
I was once offered a settlement right after a work injury, but it felt rushed. How do you know if a settlement offer is fair or if you should negotiate? I am also scared of missing out of a potentially good deal.
Deciding whether a settlement offer is fair can be tricky, especially if it’s presented quickly after the injury. A fair settlement should account for all your current and future medical expenses, lost wages, and any long-term impacts on your ability to work. Rushing to accept an offer might leave you undercompensated, but a lawyer can help evaluate the offer and negotiate on your behalf to ensure you’re not leaving money on the table. It’s better to take your time and get expert advice than to settle too soon.