As a hard-working employee in Austin, the last thing you expect when you clock in at work is to be going home with a serious injury. Unfortunately, this is the reality for thousands of Texas workers each year. Many workplace accidents, injuries and deaths are preventable. They take place because of negligence, or the failure to act with a reasonable level of care and attention.
If an employer in Austin is negligent, it puts all workers at risk. Should you find yourself in this situation, it’s important to understand your legal rights and options. You may be able to bring a claim against your employer for contributing to your injury.
Austin Work Injury Statistics
Texas is often one of the top states in the country in terms of worker injury and death rates. According to the Texas Division of Workers’ Compensation, 178,800 nonfatal injuries were reported in 2022. Worker injuries can range from minor to catastrophic. The most dangerous industries include transportation and warehousing, entertainment and recreation, retail, utilities and agriculture. A large percentage of worker injuries are caused by the negligence of employers.
What Is Employer Negligence?
Negligence is a legal term that refers to someone failing to act in a manner that a reasonable and prudent person would have in the same circumstances. It can describe any act or omission that falls short of the expected standard of care for the situation.
Negligence has four parts:
- Duty of care: a legal obligation placed on an employer to exercise proper care and caution in the management of a workplace.
- Breach of duty: an employer falling short of the duty of care, such as by failing to properly train employees or provide the required safety equipment to prevent injury.
- Causation: a provable connection between the employer’s negligence and the worker injury.
- Damages: compensable losses suffered by the worker in the workplace accident, such as bodily injury, medical bills or lost wages.
All employers in Texas have a responsibility to ensure the reasonable safety of their employees. Work environments in Austin should not contain any undue injury risks, hazards or defects that pose an unreasonable threat of harm. Violating this duty of care is employer negligence.
Common Examples of Employer Negligence in Austin
Any action or failure to act by an employer that increases the odds of a workplace accident could be described as negligence. Dangerous employer negligence at workplaces in Austin can take many forms, including:
- Ignoring or violating Occupational Safety and Health Administration (OSHA) safety codes
- Failing to warn workers of known potential injury risks
- Failing to address safety and health complaints in a timely manner
- Skipping employee safety training programs
- Hiring workers without conducting proper background checks
- Failing to provide a safe and secure workplace
- Creating or ignoring slip and fall accident hazards
- Failing to properly maintain heavy machinery and equipment
- Cutting corners on safety measures to save time or money
- Failing to adequately ventilate a work environment with toxic fumes or dust
- Forcing employees to work in dangerous conditions or excessive overtime
- Lack of emergency preparedness
If you believe that your employer acted below the accepted standard of care and this led to your work injury, you may have grounds to file a personal injury lawsuit against the individual or company in pursuit of financial compensation. Explore all of your legal options with a work injury attorney to understand your rights.
Should You Accept a Workers’ Compensation Settlement if You Suspect Employer Negligence?
In Texas, if your employer has workers’ compensation insurance and you are a covered employee, you could qualify for financial compensation from this type of insurance claim without having to prove negligence. While this may be the simplest option, it might not be the right one depending on your circumstances.
If you suspect that employer negligence contributed to your workplace injury or illness, wait to file a workers’ compensation claim. Instead of accepting a workers’ comp settlement, consult with an attorney. If a lawyer believes you have grounds to bring a lawsuit against your employer for negligence, this type of case could result in greater financial compensation for your losses.
A personal injury lawsuit against your employer could lead to pain and suffering damages, for instance, as well as 100 percent lost wage reimbursement. A workers’ comp claim, on the other hand, will only replace about 67 percent of your lost wages. If your employer does not have workers’ compensation coverage, it is even more important to consider a lawsuit.
How to Prove Employer Negligence
If you wish to take legal action against your employer for negligence in relation to your workplace injury, you will bear the burden of proof. It will be up to you or your workplace accident attorney to prove employer negligence as more likely to be true than not true. This is also known as a “preponderance of the evidence.”
You will need evidence establishing the elements of negligence in relation to your employer. Available evidence may include:
- A workplace accident report
- Photographs and video footage
- Eyewitness statements and accounts
- Proof of violated safety regulations
- Safety training records
- Previous complaints or lawsuits filed against the employer
- Workplace maintenance and repair records
- Your employment documents
- Medical documentation of your injury or illness
You will have to demonstrate that your employer reasonably should have foreseen the possibility of your injury yet failed to take action to prevent your accident. You must also provide evidence that you suffered actual harm due to your employer’s negligence, such as physical injuries and lost wages.
Get Help With Your Employer Negligence Case in Austin
Bringing a personal injury case against your employer in Austin for negligence can be a difficult and arduous process. Employers and their insurance companies in Texas often try to avoid financial responsibility, especially when they think the injured worker is an easy target. The best way to protect yourself is by working with an Austin personal injury attorney.
At FVF Law Firm, we stand by injured workers in Austin. We can review your case at no cost or obligation to hire us, so that you have the chance to ask questions and get answers you can trust. Our highly experienced (over 100 years of combined experience) legal team can give you the best possible chance at recovery for a case of employer negligence. For more information, contact us for a pressure-free, cost-free consultation.
