Austin Work Injury Lawyer

What Makes Work Injury Cases So Complex?

There are many factors that may complicate your work injury case. The parties involved and their employment status, as well as the insurance coverage available to you may impact how you proceed in your case. Additionally, government regulations and corporate policies may also play a role. More specifically, here are a few issues that you need to consider as you decide how to move forward with your case.

• Documenting employer policies. Obtaining copies of employer records, such as emails, may be fundamental to proving your right to compensation. But as an employee, it may be difficult to access these documents by yourself. This is another reason why many individuals injured on the job will turn to a work injury lawyer for assistance in their case.
• Industry regulations. OSHA requirements may differ for various industries. Many employers are subject to industry-specific regulatory bodies as well. Employers in the trucking industry are required to abide by specific rules that differ from those in construction, for instance. Understanding how these rules impact your employer’s responsibilities often requires the guidance of a work injury lawyer.
• Involvement of multiple parties. When you are injured on the job by a third party — such as vendor, another contractor, or someone else unrelated to your job — determining liability can become difficult. You will need to determine the relationships between the various parties and their responsibilities before you will be able to decide how best to move forward with your case.
• Involvement of multiple insurance policies. Likewise, since there may be more than one party involved in your case, there may be more than one insurance policy involved. For instance, if you are employed as a contractor, you may have your own insurance carrier while your employer maintains a separate corporate policy. The presence of multiple policies can often complicate your case, especially since insurance policies may be reluctant to provide coverage if another insurer is involved. Identifying all the possible coverage angles can make a critical difference in the outcome of your case.
• Potential existence of workers’ compensation policies. Workers’ compensation policies can also impact the types of damages you can seek in a personal injury case. For example, there are strict rules about your ability to recover compensation beyond your workers’ compensation insurance benefits if you were hurt by your employer or a co-worker while on the job. On the other hand, if you were injured on the job by a third-party, but are still collecting workers’ compensation benefits, the law requires you to reimburse your workers’ compensation insurance company if you recover money in a settlement.
• Impact to your earning ability. Depending on the nature and severity of your injury, it may not be physically possible for you to return to work. In this case, you may be able to seek compensation for loss of future income in addition to other damages. However, estimating the value of these damages can be complicated and frequently requires involvement of experts.