Texas Non-Subscriber
Work Injury

Your Texas Rights

In Texas, a company has a duty to use ordinary care to prevent foreseeable injury. The company should use ordinary care to protect employees and independent contractors from work-related hazards when the company retains some control over the details of carrying out that work. 

As such, a company owes a duty of ordinary care to ensure that safety rules and regulations made and enforced by the company are reasonably safe and do not increase the probability or severity of injury to an independent contractor or employee. 

For example, this comes up when real-estate development companies hire out their electrical, masonry, carpentry, etc. They hire independent contractors and forget they cannot fully delegate the duties mentioned above solely on the independent contractor. This problem threatens the safe working environment needed to ensure good workmanlike service. 

OSHA requires employers to report all severe work-related injuries, defined as an amputation, in-patient hospitalization, or loss of an eye. The requirement began on January 1, 2015.

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Non-Subscriber Work Injury

Oil field injuries

Oil field injuries account for the most severe injuries in the U.S. according to OSHA. Here is a closer look at some common accidents:

  • Trapped workers. Throughout oil production workers get their arms, feet, legs, fingers, caught in the rig equipment. These situations can pin the worker into the equipment, or wrap them up in a chain or cable. Workers may also be trapped under collapsed rigs. 
  • Poisonous gas exposure. Hydrogen Sulfide gas is used in oil and gas production. The Hydrogen Sulfide does not have a color to warn workers of its presence. It fills in areas with bad ventilation systems. Those exposed to it can suffer irregular heart rates and neural impairment. This poisonous gas can cause death or brain damage. This toxic chemical is also highly combustible, which can lead to blown wells, and burns.
  • Rigs that collapse: When rigs get overloaded they collapse without notice. If a rig was not constructed properly then the risk increases. Over time rigs degrade and age. Strict construction protocols to avoid structural overload is a vital concern of any oil and gas business. These situations can cause workers to be crushed or thrown from a rig into the ocean.
  • Electrocuted derrickmen: Chemicals used in fracking can be a conduit for electrical currents used on rigs. These chemicals require diligent safety guidelines and procedures. Also, they are corrosive and can leave chemical burns. 
  • Significant Falls: Elevated rigs increase the risk of fall injuries. Any fall into the ocean from a seaside rig can be fatal. Adequate warnings and safety measures should be provided to prevent deadly falls. 
  • Blown Wells and Burns: Of course you know, oil and gas are flammable. In the downstream, upstream, and midstream support services, these explosions are common. Maintaining ignition sources near the wellhead are vital to prevent such calamities.

We have the experience to evaluate your case effectively. If your boss elects NOT to carry Texas Workers Compensation Insurance, and you get hurt on the job, give us a call.

ROADMAP TO A TEXAS NEGLIGENCE CLAIM

A lawsuit for negligence is a way to recover money for injuries caused by an at-fault defendant.

The elements of negligence are the existence of a duty owed by one party to another, and a breach of that duty which causes both foreseeable, and compensable damage to a plaintiff. A Dallas personal injury lawyer must prove the case by presenting convincing evidence with respect to all these elements. 

Whether an injury was foreseeable is the primary factor involved in finding out whether a duty exists. In many cases, it’s the foremost and dominant consideration to make when you want to sue somebody for damages. Ask yourself, should the other person have known better? Or did they act reasonably? 

Breach of duty is often a fact question. What does that mean? It means the question depends on what the facts were at the time of the incident that caused the harm. For example, when a motorist runs a red light, they have breached the duty to follow the rules of the road. It’s foreseeable that an injury is likely with cars being so heavy and dangerous. Therefore, when the motorist hits someone, we feel ok with holding that person accountable. 

A Dallas personal injury lawyer must balance the likelihood of injury, the seriousness of the injury that happens, and the interest that must be given-up to avoid the risk. That’s how we win cases. 

In our motorist example above, the likelihood of someone becoming seriously injured or killed is too high not to impose restrictions on other motorists. Therefore, the law imposes a duty on motorists to operate their vehicles in a reasonably prudent manner and follow the rules of the road. 

In Texas, there are some special duties imposed on drivers: Common Carriers, like buses, are required to use the highest duty of care for the safety of their passengers. This can give clients context when deciding whether to hire us

personal injury civil damages in Texas:

  • Physical pain the victim had in the past
    • Physical pain that, in reasonable probability, the victim will sustain in the future.
  • Mental anguish the victim had in the past.
    • Mental anguish that, in reasonable probability, the victim will sustain in the future.
    • Lost wages the victim had in the past
    • Loss of earning capacity the victim had in the past.
    • Loss of earning capacity that, in reasonable probability, the victim will have in the future.
  • Disfigurement the victim received in the past
    • Disfigurement that, in reasonable probability, the victim will have in the future.
  • Physical impairment the victim had in the past.
    • Loss of mobility, loss of ability, hindered, restricted from use of normal bodily faculties.
    • Physical impairment that, in reasonable probability, the victim will have in the future.
  • Medical care expenses, that in reasonable probability, will be incurred on behalf of victim in the future
    • Exact dollar figure not needed to be considered
    • Medical care expenses incurred on behalf of the victim in the past:
      • Physicians fees, dental fees, chiropractic fees, hospital bills, medicine expenses, nursing services, etc.
  • Loss of inheritance 
    • Loss of the present value of the assets that the deceased, in reasonable probability, would have added to the estate and left at natural death to the plaintiff.
    • Pecuniary loss sustained in the past
      • That is, loss of care, maintenance support, services, advice, counsel, and reasonable contributions of a pecuniary value.
  • Pecuniary loss that, in reasonable probability, will be sustained in the future.
  • Funeral Expenses
  • Exemplary damages
    • Damages awarded as a penalty or by way of punishment. Exemplary damages include punitive damages.
    • Bad acts that might not rise to the level of criminal activity but the law allows civil jurors to consider.