Workplace Back Injury Lawyers

Compensation May Be Obtained Through A Houston Workplace Back Injury Lawsuit

Back injuries can be extremely painful and very often have the potential to become a chronic problem. According to a recent estimate from the U.S. Bureau of Labor Statistics (BLS), more than 1 million back injuries in the workplace account for almost 20% of all injuries and illnesses occurring in a workplace environment.

Only the common cold accounts for more lost time at work than a painful back injury or condition.

Symptoms from back injuries manifest for some as mild discomfort, while others face debilitating pain and consequences, like an injury to one’s spinal cord (and or even paralysis) that creates a situation where the victim is unable to continue or return to work. Medical and regular household bills continue to mount at a time when you are not earning an income, and your life and that of your family may never be the same.

If you have a serious, debilitating back injury, simply sitting at a desk can be excruciating. Every movement you make carries the potential to cause great pain or even worsen your condition. This makes recovery very difficult. It also greatly reduces your ability to work, which can limit all your activities and lead to a major loss of income.

We provide a free, no-obligation consultation to examine the facts surrounding the accident and to advise you on the available legal solutions we can help with. Call us today at (713) 973-8888 or toll-free 1 (800) 444-5000.

Houston Workplace Back Injury Lawyer Fights For The Compensation You Deserve

If you have suffered a back injury at work in Houston, Texas, you may be entitled to compensation through workers’ compensation, a personal injury lawsuit, or both depending on the facts of the case and the circumstances of the event.

However, because Texas laws regarding workers’ compensation and personal injury can only be described as complicated, you will likely need to learn how to prove a back injury at work. This is especially essential since an employer or their insurer usually has seasoned lawyers working to minimize benefits by getting you to accept less than you deserve — if they can’t find a way to deny the claim entirely.

Whether or not workers’ comp is involved, if you have a work-related back injury that keeps you from being gainfully employed, it is helpful to seek legal guidance to ensure you traverse this legal path correctly and with confidence.

Why Choose Terry Bryant Accident & Injury Law

The experienced team of back injury lawyers at Terry Bryant Accident & Injury Law have the legal expertise to help you make well-educated decisions at a time when level-headed, clear thinking is essential to avoid costly mistakes and optimize the compensation to which you are entitled.

Even if you are covered under workers’ comp, we can ensure that everything is filed correctly and that you receive the benefits you deserve. And if necessary, we can appeal your case if the insurance company or government agency denies your claim. If your employer does not provide workers’ comp, we will pursue maximum compensation for you in a personal injury lawsuit.

We provide a free, no-obligation consultation to examine the facts surrounding the accident and to advise you on the available legal solutions we can help with. Call us today at (713) 973-8888 or toll-free 1 (800) 444-5000.

Terry Bryant Accident & Injury Law is your best choice for all of these reasons and more:

• We have more than 35+ years of professional experience.
• Our results speak for themselves. At Terry Bryant Accident & Injury Law, we have recovered over $1 billion in client settlements.
• We are available 24/7 to respond to client emergencies.
• Terry Bryant and two additional attorneys are Board Certified.
• 98% of our clients who have provided testimonials are satisfied with our legal services.
• Our legal expertise is recognized in our field, with Terry Bryant Accident & Injury Law receiving the Better Business Bureau’s Winner of Distinction Award multiple times.
• We have experience and insight into the techniques that employers and insurers use to minimize/withhold payment to injured workers, and we know the ways to ensure that those strategies have no impact on a client of Terry Bryant Accident & Injury Law.

In addition, Terry Bryant Accident & Injury Law offers:

• A free initial consultation to help you understand your options
• A No-Fee Guarantee®, which means you pay us nothing unless you recover money for you.

Call us today at (713) 973-8888 or toll-free 1 (800) 444-5000.

An Experienced Lawyer Can Help Pursue Compensation for Your Back Injuries in the Workplace

If you receive a back injury or a repetitive motion injury on the job and this incident caused you to be unable to work, the compensation that may be available to you depends on a variety of factors. To determine these factors, we will:

• Thoroughly investigate how your back injury occurred to determine which is the most appropriate and advantageous legal remedy — workers’ comp, a personal injury lawsuit, or both
• Gather important evidence from videos, detailed work records and medical reports, and witness interviews with witnesses, co-workers, and first responders.
• Thoroughly assess your damages, including:
  • Current and future medical bills
  • All forms of lost earnings and income
  • Damaged property
  • Non-economic damages, which may potentially include pain and suffering, for example.
• Manage legal requirements in a timely manner, including:
  • Filing proper and timely paperwork
  • Making court appearances
  • Handling appeals, if applicable.
• Negotiate aggressively on your behalf — and in good faith — to maximize compensation for damages.
• When negotiations break down, our Houston workplace back injury lawyer fights to win full and fair compensation in court.

Stay Informed — How Common Back Injuries Happen

While back injuries take on many forms, the most common include:

• Spinal cord fractures
• Ligament sprains
• Pulled muscles
• Herniated or ruptured discs.

The human back is a complex wonder. It is comprised of various bones, muscles, ligaments, and tendons that combine to allow you to move in most directions when needed. Because of the complexity, back injuries vary greatly from one person to another. In some cases, a back injury will be permanent and create a lifelong and challenging impairment.

Back injuries typically take more time to heal when compared to other injuries because almost everything we do on a daily basis includes the use of the back. Even a micromovement will need a muscle, ligament, or tendon that is attached to the back in some way.

One of the most notorious causes of workplace or occupational back injury happens when lifting heavy objects. An employer has a responsibility to train workers to lift properly — including the provision of equipment and assistance when an object is too heavy. Because many job responsibilities require the task of lifting, it becomes easy to see why a workplace lifting injury is so common. Lifting-related back injuries frequently happen in a wide range of industries, including construction, manufacturing, agriculture, nursing care, and retail jobs.

Workplace back injuries can happen for many reasons, including:

• Being struck by or against an object
• Slipping and falling
• Twisting of the spine
• Repetitive actions (which lead to arthritis or repetitive motion injuries)
• Working with heavy equipment.

A back injury has the potential to require long periods to fully recover, which means a lot of missed work. If you have been injured, you shouldn’t feel pressured to return to work before you are capable, your pain is managed, and you have been medically cleared. If you are incapacitated and cannot return to work after the injury, then you should receive compensation in lieu of income.

Potential Legal Options for Workplace Back or Repetitive Motion Injury

Damages Covered By Workers’ Compensation

The Texas Workers’ Compensation Act is legislation that protects workers if they become injured on the job. If your employer is an active system participant who puts in a successful claim, you may be eligible to receive these types of benefits:

• Medical benefits cover the costs of medical treatment and rehabilitation
• Income benefits cover your lost income due to the back or repetitive motion injury. There are specific calculations to determine the exact benefit, although it may include:
  • Temporary income benefits
  • Impairment income benefits
  • Supplemental income benefits
  • Lifetime income benefits.
• Death and burial benefits are concerned with providing benefits to surviving family members. There is also a benefit that pays up to $10,000 of the decedent’s funeral expenses.

Compensation for Damages Through Lawsuits

There are several scenarios in which an event or incident goes beyond the benefits offered by workers’ comp. In these instances, a workplace injury victim has the potential to bring a lawsuit seeking compensation for a work-related back injury.

Third-Party Liability Claims

You may be able to receive compensation if your injuries have been caused by a third party’s reckless or negligent actions, for example:

• If a manufacturer of a defective product injures a consumer, you can sue that party for damages.
• If a driver ran you over while you were working, you can sue that party for damages.

Employers Who Are Non-Subscriber for Workers’ Compensation Coverage

Employers who opt out of the workman’s comp insurance program are particularly vulnerable to a lawsuit because the defenses typically used in most personal injury lawsuits, such as contributory negligence and co-worker negligence, are simply ineffective.

Independent Contractors Who Are Injured

Independent contracts, from a legal and taxation perspective, are not considered to be an employee and are, therefore, not covered by workers’ comp. The possibility exists that an employer can be found liable for damages in a personal injury lawsuit in these potential scenarios:

• The incident that led to the injury occurred on company property.
• The contractor was working on a project for a business when injured.
• The employer’s actions/choices were negligent because the employer did not take reasonable care to prevent what is deemed to be an avoidable foreseeable event that caused someone harm, injury, or damage.

At Terry Bryant Accident & Injury Law, whether you have a workplace back or repetitive motion injury, we will fight to get optimum compensation.

Calculating Compensation from a Workplace Back Injury

The amount that may be offered as compensation for a workplace back or repetitive motion injury depends on several factors, including the severity of your back injury, the expected and long-term effects of the back injury sustained at work, and the expense you need today and in the future because of the injury.

In a successful Texas lawsuit, a workplace back or repetitive motion injury lawyer will seek these types of damages:

• Economic (a.k.a. Special) Damages — These cover the cost of your bills for medical care, lost income, continuing care, modifications to your home, and other expenses that can be calculated.
• Non-economic (a.k.a. General) Damages — These compensate for losses but do so for more intangible losses that are difficult to quantify using specific dollar value but still negatively affect your life. For example:
  • Physical and emotional pain and suffering
  • Loss of consortium
  • Loss of enjoyment of life
• Punitive (a.k.a. Exemplary) Damages — In rare instances when an injury was caused by actions that were egregiously reckless and negligent, a victim can be awarded punitive damages as a means to punish the responsible party and set a future precedent.

Back Injury Attorneys Know When Employers Are Responsible

It is an employer’s responsibility to provide a safe workplace for all its employees and workers. This includes keeping work zones hazard-free and ensuring that all workers are adequately trained about safety.

The most effective way to ensure the highest safety standards against injuries in the workplace is prevention, which, as noted above, means that employers have a responsibility to provide necessary equipment and training so that the risk or likelihood of injury is reduced. If an employer fails to meet the state’s minimum standards and a worker suffers an injury, that worker may be entitled to compensation for medical expenses and lost income.

For workers whose injuries are covered by workers’ compensation, the benefits are generally provided after an injury regardless of whose “fault” might have caused the injury because workers’ compensation is a “no-fault” program. However, it is not uncommon for employers or their insurers to look for ways to make a lowball offer or deny benefits completely.

At Terry Bryant Accident & Injury Law, we know the methods that employers and insurers use to mitigate or deny payment to injured workers. Whether your back injury or repetitive stress injury is covered by workers’ comp, file a personal injury lawsuit and our team of legal professionals will fight to get you the payment you deserve.

FAQs

According to OSHA, how many adults experience back pain during their life?

Back problems are very common, and OSHA notes that nearly all adults will experience back pain at some point in their lives.

How can I know how much my workplace back injury case is worth?

There is a wide range of damage awards possible in a personal injury lawsuit, depending on the circumstances of the case.

• A minor back injury may result in being unable to work temporarily, perhaps for several months.
• A disabling and chronically painful back injury may require continuing care as it results in paralysis.
• A wrongful death.

If your case is governed by the regulations set forth by workers’ compensation, know that there are limits defined by law, with specific rules regarding non-economic damages.

Are certain workers more at risk for a workplace back injury?

Some workers, by the nature of their jobs, are more at risk for injury than others. These are the industries with the most common workplace injuries:

• Construction
• Farming
• Manual labor
• Heavy or large-truck drivers.

Should I worry about time limits for my back injury?

If you have suffered a back injury or repetitive motion injury at work, call Terry Bryant Accident & Injury Law as soon as possible. Texas has a statute of limitations and a deadline for filing a case. According to the law (TX C.P.R.C. Title 2, Chapter 16, Sec. 16.003), you generally have two years after the date of the accident to file a lawsuit in court, or the courts are likely to dismiss your case. (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.) We want to start investigating your case promptly while evidence remains fresh in the minds of important witnesses and we have time to build the strongest case possible.

Call Our Houston Workplace Back Injury Lawyer Today

Terry Bryant is a Texas Board Certified personal injury trial lawyer and a former judge. Attorney Bryant has the experience necessary to help clients across the complexities of personal injury law. If you or a loved one has suffered a workplace back or repetitive motion injury in Texas, call Terry Bryant Accident & Injury Law now at (713) 973-8888 or toll-free at 1 (800) 444-5000.