If you’re hurt, it can be difficult to figure out your next steps and how to get the benefits you need. That’s why the experienced work injury lawyers at The Law Offices of Hilda Sibrian put together this list of frequently asked questions, sorted by category.
Keep reading to learn more. If you don’t find the answer you’re looking to in this selection of work accidents frequently asked questions, give us a call or contact us online for a free and confidential case review.
Truck accidents in Houston and its surrounding areas can occur for numerous reasons. At The Law Offices of Hilda Sibrian™ , we often handle cases involving the following types of accidents:
Seek medical attention. If your employer provides workers’ compensation coverage through a certified health care network, request a copy of the list of doctors you can see. Report the accident and your injuries to your employer. Talk to an attorney to make sure you understand all your legal options.
According to the Texas Workforce Commission, you have 30 days from the initial date of your injury to notify your employer. Make sure you notify them in writing so there’s a record of your injury. It’s better to notify your employer as soon as possible after an accident to minimize the chance of any bureaucratic errors and to get the process moving.
While an employer cannot fire you in retaliation for an injury or because you filed a workers’ comp claim, they can still fire you for other reasons because Texas is an “at-will” employment state. Some employers will look for a seemingly unrelated excuse to fire an employee after they’re injured on the job. Talking to an attorney as soon as possible after an injury can help you avoid a situation like this.
Texas law allows employers to opt out of purchasing workers’ compensation insurance if they wish. Employers who do not purchase workers’ compensation insurance may avoid insurance costs, but they put themselves at risk in the event that an employee is injured because they may be held liable for any work-related injuries. On the other hand, employers who purchase workers’ compensation insurance generally cannot be sued for work-related injuries because workers’ compensation is a “no-fault” benefit. Your employer is required by Texas law to inform you at the time of your hire if they carry workers’ compensation coverage. They must also post this information beside other required workplace posters.
Texas law allows employers to opt out of purchasing workers’ compensation insurance if they wish. Employers who do not purchase workers’ compensation insurance may avoid insurance costs, but they put themselves at risk in the event that an employee is injured because they may be held liable for any work-related injuries. On the other hand, employers who purchase workers’ compensation insurance generally cannot be sued for work-related injuries because workers’ compensation is a “no-fault” benefit. Your employer is required by Texas law to inform you at the time of your hire if they carry workers’ compensation coverage. They must also post this information beside other required workplace posters.
One of the worksite accident frequently asked questions our Texas firm receives is what are your legal options if your employer does not carry workers’ compensation insurance. The answer depends on the nature and circumstances surrounding your injury. You are allowed to file a lawsuit against your employer if you sustain a work-related injury that is the result of your employer’s negligence. A lawsuit allows you to pursue compensation or the damages you suffer, such as medical bills, lost wages, physical pain and suffering, and mental anguish. You may also be able to file a third-party claim against others who may have played a role in your injury, such as vendors or contractors. Even if your employer does carry workers’ comp insurance, filing a third-party claim may be an option for you.
In Texas, most personal injury claims must be filed within two years of the accident. Delaying can make it harder to collect evidence, find witnesses, and prove your damages. The sooner you contact our office, the stronger your case will be.
In many cases, close surviving family members such as a spouse, children, or parents may have the right to file. The exact rules depend on state law, so it is important to speak with a wrongful death attorney as soon as possible.
Wrongful death claims can arise from many types of fatal incidents, including car crashes, 18-wheeler collisions, workplace accidents, refinery explosions, construction accidents, defective products, and other situations involving negligence.
Generally, you must show that the defendant owed a duty of care, breached that duty, caused the fatal injury, and that surviving family members suffered damages as a result.
Yes. In many wrongful death cases, compensation may be sought for the benefit of more than one eligible family member. How damages are divided depends on the facts of the case and the law in your state.
Many personal injury law firms handle wrongful death claims on a contingency fee basis. That usually means you do not pay attorney’s fees unless compensation is recovered.
Wrongful death accidents are devestating. When a family member dies due to someone else’s negligence, knowing what to do next is almost impossible.
Accidents at refineries can result in serious injuries like broken bones, burns, and death from chemical exposure.
Get medical attention immediately, report the incident through the proper channels, and preserve any evidence you can. If possible, keep records of where the accident happened, what equipment was involved, who was present, and any communications from supervisors or contractors. Do not rely on the company to document everything accurately.
In many cases, yes. That depends on your employment status, who caused the incident, and whether a third party contributed to the accident. Many refinery injury cases are not limited to a simple workers’ compensation claim, especially when outside contractors, vendors, or separate corporate entities played a role.
Common injuries include severe burns, crush injuries, fractures, traumatic brain injuries, spinal injuries, respiratory damage, chemical burns, organ damage, long-term toxic exposure injuries, and wrongful death.
Yes. Contractors are often among the most seriously injured in refinery accidents. Their legal options may differ from those of direct employees, and in many cases they may have claims against one or more third parties beyond their direct employer.
That is common in refinery accident cases. Turnarounds, shutdowns, maintenance jobs, and construction projects often involve multiple companies working in the same area. A proper case investigation should look at every entity that controlled the work, equipment, safety procedures, or site conditions.
Proving fault may involve witness statements, incident reports, maintenance logs, training records, safety audits, inspection records, shutdown procedures, contractor agreements, and expert analysis of what failed and why. In major accidents, internal company records are often critical.
Truck accident cases are usually more complex because they often involve severe injuries, commercial insurance policies, federal safety rules, electronic driving records, and multiple companies tied to the truck’s operation.
Yes. A trucking company may be liable if it hired an unsafe driver, failed to train or supervise properly, encouraged hours-of-service violations, ignored maintenance issues, or otherwise contributed to the crash.
That does not end the case. Trucking companies and insurers often try to shift blame early. A full investigation may show that the truck driver, carrier, or another commercial party was fully or primarily responsible.
You may be able to recover compensation for medical bills, lost wages, reduced earning capacity, pain and suffering, mental anguish, physical impairment, disfigurement, property damage, and other losses allowed by law.
Be careful. Insurance adjusters may try to get statements that weaken your claim or push for a quick settlement before the full extent of your injuries is known. It is usually best to speak with a lawyer first.
Truck accident claims are often heavily defended and involve complex evidence. A lawyer can move quickly to preserve records, identify every liable party, and pursue the full compensation available under the law.
Trucks are large, heavy and dangerous. Accidents involving 18-wheelers or commercial trucks are usually devestating for the other party.
The most common personal injury cases involve car or auto accidents. The majority of accidents are small-scale “fender-benders”, but many cases result in long-lasting injuries to the spine or neck.
That depends on the facts of the crash, the insurance involved, and state law. In many cases, the at-fault driver’s insurance may be responsible, but other policies or parties may also be involved.
That does not decide the case. Drivers and insurers often try to shift blame. A proper investigation may show that the other driver was speeding, distracted, following too closely, failed to yield, or otherwise caused the collision.
Possibly. In many states, partially at-fault drivers may still recover compensation, although the amount may be reduced. The answer depends on the law in your state and the degree of fault assigned.
There are strict legal deadlines for filing a claim, and waiting too long can prevent recovery. The exact deadline depends on state law and the facts of the case, so it is important to act quickly.
Be careful. Insurance adjusters may ask questions designed to minimize your claim or get you to accept a quick settlement. It is usually best not to give a recorded statement or sign anything before speaking with a lawyer.
Rideshare cases are typically more complex than your average auto accident. A company employer, commercial insurer, or rideshare policy may be involved, and more than one party may share responsibility for the crash.
Not every case requires legal representation, but many injury claims become more difficult when insurers dispute fault, question treatment, or undervalue damages. A lawyer can help investigate the crash, deal with the insurance company, and pursue full compensation.
Possibly. Being outside a marked crosswalk does not automatically prevent recovery. Drivers still have a duty to keep a proper lookout and avoid hitting pedestrians when they reasonably can. Liability depends on the full circumstances of the crash.
Pedestrian accidents often cause severe injuries because the person has no physical protection. Common injuries include traumatic brain injuries, spinal injuries, broken bones, internal injuries, road rash, crush injuries, permanent disability, and wrongful death.
That does not end the case. Drivers and insurers often argue that the pedestrian caused the crash. A full investigation may show the driver was speeding, distracted, failed to brake in time, or otherwise had the last clear chance to avoid the collision.
There are strict deadlines for filing a claim, and the time limit depends on state law and the facts of the case. The deadline may be shorter in cases involving a government vehicle or roadway defect, so it is important to act quickly.
You may still have options. A hit-and-run case can still be investigated through witness statements, nearby security footage, police work, and in some cases uninsured motorist coverage. Leaving the scene does not erase the driver’s responsibility.
The value depends on the seriousness of the injuries, the cost of treatment, whether the injuries cause permanent limitations, the amount of lost income, and how strong the evidence is on liability.
Much like truck accidents, pedestrian accidents can be seriously damaging to the party being hit. While modern cars have safety features like lower hoods, pedestrians can face broken bones, head trauma or death, depending on the vehicle that hits them.
