Work Injury Lawyer Austin

Taking workers’ comp vs. filing a personal injury lawsuit

There are some critical differences between making workers’ compensation claims and filing personal injury lawsuits after your injury. Some of the more important features of the two are listed below. 

The decision between these two paths depends heavily on your specific situation, including the severity of your injuries, whether your employer subscribes to workers' compensation, and whether third parties might share liability for your accident. 

At Smith & Vinson, our Austin work injury attorneys carefully analyze each client's case to determine the optimal strategy for maximum recovery. 

The pros and cons of workers’ comp in Texas

Some benefits of accepting a workers’ compensation claim can include:

• Guaranteed benefits. Workers' compensation provides benefits regardless of fault, ensuring even those who may have contributed to their own injury receive coverage.
• Faster resolution. The claims process typically moves more quickly than litigation, providing injured workers with faster access to benefits.
• No litigation required. You can receive benefits without the stress and uncertainty of a lawsuit.
• Vocational rehabilitation. Some workers may qualify for job retraining if they cannot return to their previous position.

Some potential drawbacks of accepting a workers’ compensation claim include:

• Limited income compensation. Benefits typically replace only about 70% of lost wages, with statutory caps that particularly impact higher-earning workers.
• No compensation for pain and suffering. Workers' comp does not compensate for physical pain, emotional distress, or reduced quality of life.
• Potential for claim disputes. Insurance companies often challenge claims, dispute the severity of injuries, or prematurely push for return to work.

While your options will sometimes be limited by the facts of your case and your injuries, consulting with an attorney is always advised. The worst thing that you can do for yourself is close the door on the compensation you deserve by accepting a low-ball offer or taking workers’ compensation when you should have pursued more comprehensive damages. 

Most common causes of work injuries in Texas

Texas workplaces present a number of hazards that lead to thousands of serious injuries and a handful of deaths each year. Some of the most common causes of work injuries in Texas include:

• Oil and gas industry incidents. As a cornerstone of Texas's economy, the oil and gas sector sees countless injuries from explosions, equipment malfunctions, toxic chemical exposure, and transportation accidents.
• Manufacturing and industrial accidents. Workers suffer injuries from machinery entanglement, crushing accidents, repetitive motion injuries, and exposure to harmful substances.
• Transportation and delivery accidents. Workers who drive as part of their job face risks from traffic accidents, loading/unloading injuries, and repetitive stress injuries.
• Slip and fall accidents. These accidents occur across all industries and result from wet floors, uneven surfaces, poor lighting, and inadequate maintenance.
• Workplace violence. Unfortunately, assaults and other violent incidents in the workplace cause significant injuries across various sectors.
• Exposure to harmful substances. Contact with toxic chemicals, asbestos, silica dust, and other hazardous materials leads to both acute injuries and long-term occupational diseases.

Whether you have been injured at work or a loved one passed away and you’re looking for an Austin wrongful death lawyer to help you get justice, the attorneys at Smith & Vinson are here to help. We understand the industry-specific details that often make the difference between a tragic accident and a winning case, and can help you build yours. 

How hard is it to win a personal injury lawsuit?

Personal injury lawsuits can be difficult to win, and work injury suits can be even tougher. Why?

1. Establishing liability. For non-subscriber cases (in which your employer doesn't carry workers' compensation), you must prove that your employer's negligence directly caused your injury. This requires demonstrating they failed to provide a safe workplace, adequate training, or proper equipment.
2. Texas comparative negligence laws. Under Texas law, if you're found to be more than 50% responsible for your accident, you cannot recover damages. Additionally, your compensation will be reduced by your percentage of fault. Insurance companies and defense attorneys often try to shift blame to injured workers to minimize payouts.
3. Quality of evidence. Strong medical documentation linking your injuries to the workplace accident, witness testimony, accident reports, safety violation records, and expert opinions significantly strengthens your case.
4. Employer resources. Many employers and insurance companies have substantial resources to fight claims, including experienced legal teams dedicated to minimizing settlements.
5. Third-party complications. Cases involving multiple potentially liable parties (such as contractors, equipment manufacturers, or property owners) add layers of complexity to establishing responsibility.

Your chances of winning a personal injury lawsuit are much higher the more prepared your attorney is to go to trial. At Smith & Vinson, we prepare every case like it’s going to trial, and our founders, Jarrod L. Smith and Brad Vinson, are trial lawyers with a reputation for success. We're not intimidated by large companies or insurance providers trying to minimize claims, and we have the resources necessary to build strong cases that maximize your chances of success.

How long after a work injury can you sue in Texas?

Timelines are incredibly important after work injuries in Texas, as missing important deadlines can bar you from receiving compensation for your injuries. 

For workers’ compensation claims, you must report your injury to your employer within 30 days of the incident or discovery of your work-related illness, and you must file your workers' compensation claim with the Texas Division of Workers' Compensation within one year of the injury or discovery.

For personal injury lawsuits, either against your employer or a third party, the statute of limitations is generally two years from the date of your injury.

How to find the best personal injury lawyer in Austin, TX

Whether you’re looking for an Austin car accident lawyer or a lawyer for a work injury, picking the right attorney for your personal injury case will likely have a massive impact on your recovery and your financial future. If you’re looking for the best work injury lawyer Austin has to offer, we recommend considering the following factors. 

1. Specialized experience. Look for attorneys with specific experience handling workplace injury cases in Texas.
2. Track record of success. Research the firm’s history of settlements and verdicts in cases similar to yours. Past results, while not guaranteeing future outcomes, indicate an attorney's ability to secure favorable compensation.
3. Trial experience. Even if most cases settle, you need an attorney prepared to take your case to trial if necessary. Insurance companies often offer higher settlements when they know they're facing attorneys with courtroom experience and success.
4. Resources and team. Workplace injury cases often require significant resources for investigation, expert witnesses, and case preparation. Ensure the firm has the financial and professional capacity to fully develop your case.
5. Client testimonials. Read reviews from former clients to gain insight into how the attorney communicates, their level of personal attention, and their commitment to client service.
6. Personal connection. Trust your instincts about whether the attorney genuinely cares about your case and demonstrates a commitment to fighting for your interests. The way you feel after an initial consultation will tell you a lot about whether the attorney is a good fit for you.