Waco Work Accident Lawyer

Representing Injured Workers in Lorena, Waco & the Baylor University Area

On-the-job accidents can significantly disrupt your life. Whether you work in an office building or a construction site, you should know that you have rights if you are injured at work.

In many situations, compensation is available to workers who are injured on the job — but in Texas, the path depends entirely on whether your employer carries workers' compensation at all. Texas is the only state where private employers can generally choose not to. If your employer is a subscriber, Workers' compensation is typically paid for by your employer's insurance company and can cover at least some of your medical expenses and lost wages related to the accident. However, Texas is the only state where most private employers can choose not to carry workers' compensation coverage — if your employer is a "non-subscriber," you may instead be able to pursue a direct negligence claim against them.

If your employer is a non-subscriber, there is no workers' compensation claim to file. Instead, you may bring a direct negligence lawsuit against the employer — and a non-subscribing employer gives up its three traditional defenses: that you were contributorily negligent, that you assumed the risk, and that a fellow employee caused the injury (Tex. Labor Code § 406.033). That makes a non-subscriber case very different from a comp claim, and often more valuable. One of the first things we do is determine which category your employer falls into, because it changes how everything else proceeds.

If you’ve been injured at work in Waco, Lorena, or the Baylor University area, now is the time to talk to a Waco work injury attorney at Milam & Fanning, PLLC. We can help you with your workers’ compensation claim and can also consider any other possible sources of compensation, to maximize your recovery.

After a Workplace Accident

To give yourself the best chance at receiving compensation, it is important to follow these steps after a work-related injury:

• Report the accident. After an accident happens at work, report it to your boss or human resources representative. Even if you are not sure that you have been injured, reporting the incident ensures it is recorded.
• Seek medical attention. You should always see a doctor after a workplace accident. If you were not seriously injured, ask your employer if there is a certain doctor you should see whose care is covered by their insurance policy. Seeking medical attention immediately after an accident helps establish medical records that will be important for your workers' compensation claim.
• Tell your employer you were injured. If it was obvious that you were injured at the time of the accident, you may have already done this. However, if it was not clear that you were hurt at the time of the accident and have since confirmed with your doctor that you did sustain an injury, it is important to inform your employer so they can file a claim on your behalf.
• Work with an attorney. Having a Waco workers’ compensation lawyer on your side can be invaluable. Unfortunately, your employer and its insurance company are not always focused on your best interests after an accident. They may try to get you to settle for less compensation than you deserve, or deny your claim altogether.

At Milam & Fanning, PLLC, we are passionate about helping injured workers secure the compensation they deserve. We can guide you through the process of seeking workers' compensation and ensure you are getting a fair outcome.