Injured warehouse workers have multiple legal remedies to pursue if they have experienced an injury while working. Although not without flaws, these remedies offer victims of warehouse accidents the best chance to recover financially after being injured and to hold their employer and other responsible parties accountable for their negligence.
Texas Workers’ Compensation
Unfortunately, Texas is the only state in the U.S. that allows employers operating within the state to opt out of the workers’ compensation insurance system. Employers opt out of the system to avoid paying workers’ comp premiums and guaranteeing past and future lost wages and medical coverage for employees injured on the job. If an employer does opt out, they may either have private workers’ comp insurance or be a non-subscriber entirely.
If an employer does have workers’ compensation insurance coverage in Texas, the injured employee must report a work-related injury to their employer within 30 days of discovering the injury. The employer should then tell the employee how to obtain medical care. Many employers contract with a third-party workers’ compensation healthcare administrator to evaluate employee injuries and determine whether medical care is needed.
Warehouse Accident Claims for Employees of “Non-Subscribers”
Injured employees that work for an employer that has opted out of carrying workers’ compensation insurance (also known as “non-subscribers”) can still file a personal injury claim against the employer.
Understanding Fault in a Warehouse Accident
In addition, don’t assume your employer is the only potential at-fault party. Texas follows a modified comparative fault negligence rule, which means that multiple parties (including the injured party) can share in the damage calculation. For example, if the warehouse negligently stacked shipping containers using a broken forklift, the warehouse operator will likely be liable for any resulting injuries. Under Texas law, if the injured employee’s behavior is found to be responsible for more than 50 percent of their injury, the employee cannot recover damages caused by another party’s negligence.
Warehouse Accident Attorney
If you or a loved one has been injured through an industrial accident or long-term complication in a warehouse, distribution center, assembly line, there may be a way be compensated for your financial difficulties in court. The Liggett Law Group has helped hundreds of hard-working employees seek recompense for damages they have suffered in the workplace, and we can help you determine if you are eligible for compensation.