Understanding the Legal Rights of Injured Factory Workers in Texas

 Posted on March 22, 2023 in Work Accidents

Factories are packed with dangerous equipment, powerful machinery, and hazardous chemicals. Unsurprisingly, workers in the manufacturing industry face an increased risk of injury or death in a work accident. If you or a loved one were injured while working in a factory, it is important to understand your rights under Texas Law.

Unlike some states, Texas does not require employers to get workers’ compensation insurance for their employees. However, even if an employer does not carry workers’ compensation insurance, there are still legal avenues available for injured workers to recover compensation.

Financial Compensation after an Industrial Accident

Although government agencies like OSHA require that certain safety standards are met in factories, this does not completely eliminate the risk of a serious or even deadly accident. Falling objects, electrical accidents, heavy machinery accidents, equipment malfunctions, and explosions are just some of the dangers factory workers may be exposed to.

When a factory worker is injured on the job, the injury often has a stark financial impact on the worker and his family. Workers’ compensation may provide a certain degree of financial restitution. However, for many workers, workers’ compensation is not an option.

Non-Subscriber Work Injuries in the Manufacturing Industry

If you were hurt on the job and your employer does not carry workers’ compensation, you have a few other options for recovering compensation. Non-subscribers give up certain rights by not subscribing to workers’ compensation, including the protection against employee lawsuits. Consequently, if your employer’s actions or negligent inaction led to your injury, you can file a claim directly against your employer.

Unlike workers’ compensation, personal injury claims against an employer are fault-based. You will need to show that your employer acted negligently and that this negligence led to your injury. 

Countless oversights or mistakes could lead to a finding of employer negligence, but some of the most common examples of employer negligence include:

• Failure to provide a reasonably safe working environment

• Inadequate training and supervision of staff

• Negligent hiring or retention of staff

• Exposing workers to unreasonable hazards

• Failure to maintain or repair machinery or equipment

Third-Party Liability for a Work Injury

In some work accidents, the party who is legally responsible for the worker’s injuries is not the employer, but instead a third party. For example, if you were injured because a defective forklift malfunctioned, the company that manufactured, designed, or distributed the forklift or forklift components may be liable for your injuries. In this case, you would bring a claim against that company. Other parties that may be liable for factory worker injuries include the property owner, a contractor or subcontractor, or the driver of a motor vehicle.

Contact Our Dallas Work Injury Lawyer

If you or someone close to you was injured at work, contact Dallas County work accident attorney Jerry D. Andrews for help. Mr. Andrews and the rest of the team at Jerry D. Andrews, P.C. can evaluate the circumstances of the injury and determine your legal options. Our skilled team will work tirelessly to pursue compensation for your medical bills, lost income, and other losses. Call 214-221-5800 and set up a free, no-obligation consultation to learn more.  

Source:

https://statutes.capitol.texas.gov/Docs/LA/htm/LA.406.htm