Austin Work Injury Lawyers
Protecting Your Future
Expenses related to work injuries can be considerable, and paying them can impact both your financial well-being and your future. If you have been injured on the job, focusing all of your energy on your recovery is crucial. You don’t have the time or expertise, on your own, to manage the personal injury process.
The Evans/Reilley Law Firm knows Texas employment law and is well-versed in all issues related to work injuries. In fact, the firm has helped many injured workers in Texas receive the settlements they need to compensate them for their expenses, lost wages, and ongoing health care needs.
We handle personal injury cases on contingency, which means our fee comes from the settlement you receive, so you don’t have to worry about paying for legal help up front.
Contact us today at (512) 732-2727 to schedule your free consultation.
Why Choose Us?
We Have What It Takes to Make a Difference
Work injuries are frustrating in so many ways. Physical and emotional pain combined with mounting costs are a lot to handle. If you were injured at work, you may be eligible for a settlement to compensate you for your losses. In order to achieve this, filing a personal injury suit may be necessary.
Identifying the best Austin work injury attorney to help you is an important step in regaining control of your life and your future. The team at Evans/Reilley is up to the challenge. Consider this:
- Led by Attorney Chip Evans, our firm has over two decades of experience helping injured workers get the compensation they deserve.
- We are well-versed in Texas personal injury law and have significant hands-on experience with the local court systems in Austin.
- Our approach to service is personal, we take the time to understand the specifics of your case; we understand the importance of details.
- We communicate clearly and compassionately, and we are always available to answer your questions.
- Our reputation is stellar; we have a proven record of success.
You have been through a terrible ordeal and are now faced with an uncertain future. We understand and appreciate your situation and are ready to put all of the resources of our firm to work for you immediately. Contact us today and let us help you manage the legal process and move forward in a positive manner.
How We Can Help With Your Work Injury Case
Our Work Accident Attorney Takes the Lead in Managing Your Case
It doesn’t take long to recognize the impact an injury at work can have on your life and the lives of your family members. Your medical expenses can be exorbitant, and your recovery may keep you out of work for a period of time. Some individuals may never be able to return in the same capacity.
While a monetary settlement won’t change what has happened, it will make dealing with the financial repercussions much easier. That said, filing a personal injury lawsuit requires both knowledge and experience. The laws in Texas are complicated, and the process of filing the suit and seeing it through to the end is time consuming and complex.
This is where we can have a positive impact. When you engage our work injury lawyer, you can rest easy knowing that we will manage every aspect of your case. While we always keep you informed of its status, you can leave the day-to-day legal and administrative tasks to us. This should alleviate a great deal of stress and allow you to focus on getting better. Our team will:
- Conduct an Investigation: Understanding exactly what happened is critical to maximizing your compensation. We will listen carefully to your story, review all available evidence, and interview any witnesses to gain a complete picture of the accident.
- Explain Your Options: We will advise you about filing a workers’ compensation claim or a personal injury lawsuit.
- Complete and File Paperwork: Engaging in legal action requires a great deal of paperwork. Our experienced attorneys will accurately complete all necessary forms and file them in accordance with the statute of limitations.
- Assume Responsibility for Communications: Injuries and lawsuits generate significant communication via telephone and email. The volume can be overwhelming. As your work injury lawyer, we will communicate on your behalf, alleviating the stress that non-stop messaging can cause.
- Calculate Losses: Identifying your total expenses and losses is more difficult than you may imagine. In addition to adding up your medical bills, we must account for future care, and for lost wages — past, present and future. Pain and suffering can also be challenging to quantify. Our skilled attorneys know how to do this, and we have access to expert witnesses, if necessary, to substantiate our findings.
- Prove Negligence: We will gather evidence and prove that your injury was the result of negligence.
- Negotiate a Settlement: We are recognized as skilled negotiators who work tirelessly to reach settlements that appropriately compensate our clients for their losses.
- Litigate on Your Behalf: While we are usually able to settle cases in the negotiation phase, sometimes the offers we receive are simply inadequate. We never settle for what we believe is less than a client deserves. In cases like this we would represent you in court, aggressively litigating your case.
There is a lot to do, and we know how to do it all. Additionally, we appreciate how hard this time can be for you and your family. We treat our clients with the utmost respect and provide them the hands-on, comprehensive service necessary to meet their needs.
Reach out to us today at (512) 732-2727 to schedule a free consultation. Our Austin work injury lawyer is ready to begin work on your case immediately.
The Path to a Settlement
Workers’ Compensation Versus Personal Injury Lawsuits
In many states, employees who suffer injuries at work must file a claim under workers’ compensation rules. These are not quite as stringent in Texas. If you file under workers’ comp, however, you lose your right to seek a judgment against the employer for your injuries.
Where Texas differs from the majority of states is that private employers in the state do not have to participate in the workers’ compensation program. (In most states, nearly all employers must participate.) If your Texas employer chooses not to participate, you have the right to seek a personal injury judgment against your employer, as long as you can prove fault.
While we do not represent clients in workers’ compensation cases, we can help those who pursue personal injury claims. Whereas seeking a workers’ comp claim is a straightforward process that injured workers often can complete on their own, filing a work-related personal injury case against your employer can represent a complex situation.
Advantages of Filing a Personal Injury Claim
In general, you may be eligible for a greater level of compensation by filing a personal injury claim as opposed to a workers’ comp claim.
According to the Texas Workforce Commission, participating in a workers’ compensation program after you suffer an injury on the job likely limits the amount you could receive compared to what you could win in a personal injury award. However, if you lose your personal injury claim, you would end up receiving nothing, whereas with workers’ compensation, you almost certainly will qualify for some benefits, as long as you follow the program’s rules. Your burden of proof is less stringent in a workers’ comp claim than in a personal injury claim.
If your employer participates in the state’s workers’ compensation insurance program in Texas, you may have no choice but to file under workers’ comp after your injury. However, for those workers who qualify to file outside of workers’ comp and who suffer major injuries that leave them with permanent disability, ongoing pain, or a greatly reduced quality of life, filing the claim as a work-related personal injury case may give them a chance at a much higher settlement amount. These types of cases do not have the same caps on award payouts as workers’ comp cases do.
Evans/Reilley: Work Injury Lawyers in Austin Who Understand Reality
On-the-Job Injuries Are Commonplace
While we would all like to believe that we are safe at work, the truth is we may not be. Each year, many are injured as a result of work accidents. While some of the resulting injuries are minor, others can be incredibly serious.
In either case, injuries are overwhelming. You have to deal with medical bills, missed work, and an abundance of stress. An experienced work accident lawyer can help you navigate the legal process so you can focus on getting better. Consider some common industries where injuries are prominent:
Construction: Construction workers operate complex machinery, use dangerous tools, and work with heavy materials. The opportunity for injury is staggering. The Occupational Safety and Health Administration (OSHA) calls the most common mechanisms of deadly construction injuries the “Fatal Four”: electrocution; struck by object; caught in/between; and falls.
While accidents like these can cause significant injury, they also are often responsible for construction fatalities. Of course, accidents happen. But, employers are responsible for maintaining a safe workplace, and construction sites are heavily regulated. Unfortunately, not all employers abide by the law, meaning safety violations are commonplace. Inadequate fall protection or a lack of fall protection equipment is the most common safety violation OSHA finds in the construction industry.
Agriculture: Texas has one of the largest agricultural work forces in the country. In Texas, not all agriculture employers participate in the state’s workers’ compensation program, but they are still required to report on-the-job injuries. Unfortunately, this requirement does not apply to certain farm and ranch workers. This results in the possible underreporting of agricultural workplace injuries in Texas.
According to OSHA, agriculture injuries and deaths are significant. This is one of the most dangerous industries in which to work. Some common injuries include: burns, back and spinal cord injuries, illness (lung disease and respiratory damage from chemical exposure), skin diseases, cancer, and hearing loss (from consistent exposure to loud noise). Farm workers risk their lives each and every day.
At-Work Injuries and Illness Compensation Is Confusing
Our Work Injury Attorney in Austin Address Your Frequently Asked Questions
Filing work injury claims can be complicated, and questions regarding them seem to always arise. Evans/Reilley work injury lawyer provides answers here to some of those most frequently asked questions that we receive.
What do I do if I’ve been injured at work?
If you have workers’ compensation coverage through your employer, you must notify your employer of the injury through the Employee’s Claim for Compensation for a Work-Related Injury or Occupational Claim Form to the state workers’ compensation department. Failure to do so could jeopardize benefits. If you do not qualify to have workers’ comp benefits, you can contact our work-related personal injury lawyer for a free consultation to see whether you have a case and to see how you should proceed.
Do I need to prove that I was not at fault to collect workers’ compensation?
No, workers’ comp is a no-fault system. Even if you were at fault, you can still collect benefits. If you choose to hire our personal injury to represent you in a claim that falls outside of workers’ comp, however, we will need to prove that the employer was at fault or that a third party was at fault, such as a subcontractor at the jobsite.
My employer was at fault with regard to my injuries. Can I file both a workers’ comp claim and a work injury lawsuit to collect additional damages to cover my expenses?
No, you cannot. If you collect benefits under workers’ compensation, you give up the right to file an additional lawsuit against your employer. That said, if it was a third party (such as a subcontractor) who was responsible for your injuries, you can file suit against them to cover expenses that exceed your workers’ compensation payouts. Even though our work injury attorney does not handle workers’ compensation claims, we can help you determine if this option is appropriate for your specific situation.
Do I need to see a specific doctor for my illness or injury?
You may. If your employer offers workers’ compensation, they can require you to use their doctor. However, if they do not, you can select a physician on your own. Even if you must use a company chosen physician, getting a second, independent opinion is a good idea.
The work injury lawyers at Evans/Reilley understand that you likely have many more questions regarding your specific case. Reach out to them at (512) 732-2727 to schedule a consultation to get the answers you need.
Engage an Austin Work Injury Attorney Today
Insurance Companies Operate In Their Own Best Interests
If you have been injured, you cannot count on your insurance company to put your well-being at the forefront of their actions. Remember, the insurance company does not have your best interests at heart. When they are able to deny or minimize claims, they improve the profitability of their business, which is their ultimate job.
At Evans/Reilley, our work injury lawyer will fight for your compensation as if it were our own. We work incredibly hard on your behalf. We advocate for the injured each and every day.
Contact Our Work Accident Lawyer Today
If you’ve suffered a workplace injury while working for an employer who does not participate in Texas’ workers’ comp program, you need an Austin work injury attorney who will protect your rights and attempt to win the compensation you deserve. Don’t wait to seek help. Request your free consultation today by calling us at (512) 732-2727.
We stand ready to answer your questions and to go to work on your behalf. We will leverage the full strength of our firm to defend your rights in a workplace accident case that fits outside the state’s workers’ comp program.