3 Signs You Should File a Workplace Injury Lawsuit

3 Signs You Should File a Workplace Injury Lawsuit

Dec 8, 2023 | Workers' Comp, Workplace Injury

According to the Bureau of Labor Statistics, there were 2.8 million nonfatal work-related injuries in the United States in 2022. That is a 4.5 percent increase (up from 2.3 million) over the previous year.

Fortunately, there are laws that protect people injured at work. The bad news is that you must prove damages in a court of law. In many instances, it can be challenging to know how to proceed.

This article details three signs that you should file a workplace injury lawsuit. It explains what to look for and do if you find yourself in these unfortunate circumstances.

1. If You Were Injured by a Coworker

One of the main signs that you should file a workplace injury lawsuit is if you were injured due to negligence by an employer or coworker. This does not require that they exhibited malice, only that they acted carelessly, resulting in your injury.

In almost all these cases, workers’ compensation protections kick in. However, you need to ensure that you get compensation for every aspect of the “damages” you incur. This includes medical bills, loss of income, and pain and suffering endured due to the injury. 

2. If You Became Injured by a Third Party While on the Clock

There are other scenarios where you can file a claim based on a workplace accident, even if the injury was not the result of employer or other employee wrongdoing. These usually fall into the category of third-party claims. 

An example of a third-party claim is an injury resulting from defective design or manufacture of equipment. Another common occurrence is being hit by a driver while on a work-related trip. This can complicate things and requires legal guidance to navigate such claims successfully. 

3. If the Statute of Limitations Has Not Expired

statute of limitations is how long someone has to bring a claim after an injury. This varies depending on the jurisdiction and the nature of the civil claim.

In Texas, most workers’ compensation lawsuits must be filed within one year. However, many variables can affect this. 

For instance, the clock may not start running from when the harm occurred if the injured party was unaware of it. This is typical in cases of poisoning or other instances where the injured worker did not know the extent or nature of the harm. 

An experienced workers’ comp lawyer can help determine if you are within the limits of the law. The point is that you should not delay initiating the claims process.

Learn More About Filing a Workplace Injury Lawsuit

Now that you know some signs that you should file a workplace injury lawsuit, you can proceed with a claim. A qualified, experienced attorney can further advise you on the steps to take and what you can expect from the process. 

Barnes Law Firm is dedicated to protecting the rights of Texans. Whether it involves workers’ compensation, personal injury, maritime, admiralty, or other legal issues, our team of experts can get you the compensation you deserve.

Reach out to us today for a free consultation to discuss your case.