Work Injury Lawyer

Generally speaking, any work injury is considered “compensable,” meaning you can receive financial compensation for damages related to the injury, as long as the injury occurred at work or while you were carrying out work-related activities, duties, or tasks. Note that, in this context, “injury” does not only refer to bodily injuries but also various work-related illnesses and medical conditions.

Some of the most common compensable work injuries include:

• Head, neck, shoulder, and back injuries
• Spinal cord injuries, including paralysis
• Traumatic brain injuries
• Facial injuries, including eye injuries
• Hearing loss or damage
• Broken bones/fractures
• Burn injuries
• Electrocution injuries
• Serious cuts, bruises, scrapes, and abrasions
• Soft tissue injuries, such as sprains and strains
• Overuse/overexertion injuries
• Repetitive motion/strain injuries
• Organ damage
• Respiratory illnesses
• Cancer
• Mesothelioma and asbestosis
• Illnesses caused by toxic exposure
• Depression
• Post-traumatic stress disorder

Work-related injuries tend to be expensive, both in terms of treatment and missed wages from time off work to recover. At The Law Offices of Omar Khawaja, PLLC, we believe that you should not have to simply pay for the cost of your work-related injuries on your own. If your employer or another party was responsible for your work injury or illness, we can help you seek fair compensation for all of your related damages, including medical expenses, future care costs, and lost earnings.

Our attorneys have extensive experience handling all types of work injury claims—and successfully recovering the rightful benefits and compensation our clients are owed. Our lawyers are prepared to utilize our findings to argue for a higher civil award when the insurance company attempts to pay you less or fails to act in good faith and fair dealing. You have every reasonable expectation of receiving coverage for your work-related injuries, illness, or medical condition.

The Law Offices of Omar Khawaja, PLLC handles all types of work injury claims, including: 

• Third-Party Insurance Claims: Many types of accidents involve someone other than the employer, such as a third-party contractor. You could hold these third-party individuals accountable for your losses if their negligence caused your injuries or your loved one’s death.
• Non-Subscribers Claims: Texas laws do not require employers to carry workers’ compensation insurance. However, this does not preclude your employer from liability after a work-related accident. If your employer does not have a workers’ compensation policy, we may recommend that you pursue legal action through a non-subscriber claim.
• Bad Faith Insurance Claims: Your employer or a responsible third party isn’t the only one who owes you a general duty of care; the insurance company also has a legal duty to act in good faith and fair dealing when you file a claim. As such, it cannot create unnecessary delays or fail to pay benefits when it is legally required to do so. If the insurer behaves in this manner, your lawyer can pursue additional compensation through a bad faith insurance claim.

Work injury claims are often more complicated than other types of personal injury matters, as the injury-causing incident occurred within the scope of your employment. It is critical to recognize that different rules and laws likely apply to your situation. We encourage you to reach out to our team at The Law Offices of Omar Khawaja, PLLC for personalized counsel and representation specific to the facts of your case.

A non-subscriber claim simply refers to a work injury claim brought against an employer that does not subscribe to workers’ compensation. In other words, these entities are known as “non-subscribers.” While they may have other types of insurance meant to protect employees who are injured on the job or sustain work-related medical conditions, they do not provide workers’ compensation insurance, meaning injured employees cannot seek workers’ comp benefits. Instead, they may file “non-subscriber” claims.

In Texas, the law tends to favor employees. If an employer is found to be even slightly at fault for a work-related injury or illness, the employer will almost certainly be ordered to pay for 100% of the employee’s damages. However, this does not mean that you are automatically guaranteed to receive compensation if you file a non-subscriber claim. In fact, employers and other powerful entities are known for aggressively defending against these claims. They will often go to great lengths to dispute an employee’s injuries and avoid liability. It is very important that you work with an experienced and knowledgeable non-subscriber claims attorney, like those at The Law Offices of Omar Khawaja, PLLC.

Our firm handles a wide variety of non-subscriber claim issues, including those involving: 

• Refused or delayed authorization of medical treatment
• Employers showing more concern over unimportant details, such as a drug test
• Lack of access to the insurance company’s representatives
• Disputes regarding the severity of an injury, including disputes by treating physicians
• Employers failing to accommodate work restrictions imposed by your doctor
• Allegations of preexisting conditions used to deny benefits
• Dishonest or unlawful employer/insurance company practices

Non-subscriber claims are incredibly challenging to navigate on your own, especially when your employer or its insurance company fails to remain transparent throughout the claims process. Since non-subscriber employers know that you can hold them personally and professionally liable, their strategy is to mitigate the immediate threat of legal and financial exposure. Do not let them win; instead, hire the experienced lawyers at The Law Offices of Omar Khawaja, PLLC to advocate for your rights and fight for the full, fair compensation you are owed.

Although some workers are more at risk of on-the-job injuries than others, any worker in any industry could become injured or fall ill due to working conditions, activities, duties, or environments.

Some examples of common workplace accidents include:

• Slips, trips, and falls
• Electrocution
• Equipment failures
• Fires and explosions
• Construction accidents
• Industrial accidents
• Being struck by falling objects
• Crush and caught-between accidents
• Machine entanglement
• Exposure to harmful or toxic substances
• Repetitive strain
• Overexertion
• Commercial vehicle and transportation accidents
• Scaffolding and ladder accidents

Workplace accidents can result from various factors, including:

• OSHA and other safety standard violations
• Improper employee training or supervision
• Failure to adequately screen employees
• Coworker or supervisor error/negligence
• Inadequate safety equipment or protections
• Defective equipment, machinery, or tools
• Failure to provide adequate fall protection
• Unsafe or defective conditions in the workplace
• Lack of communication, including communication of safety risks
• Improper signage

Regardless of how your injury or medical condition occurred, our team can help you take the necessary actions to hold the responsible party accountable. We are ready to utilize our extensive resources, experience, and skill to your advantage and will do everything possible to secure a favorable settlement on your behalf. If necessary, we are prepared to represent you at trial.

A third-party claim refers to a legal action pursued by an injured worker against someone other than their employer who may be responsible for causing or contributing to the injury. Unlike a workers’ compensation claim, which provides benefits regardless of fault, a third-party claim seeks compensation for damages such as medical expenses, lost wages, pain and suffering, and other losses from the party whose negligence or wrongful conduct led to the injury.

Common third parties in work injury cases in Texas can include:

• Manufacturers and Distributors: If a defective product or equipment malfunction causes an injury at the workplace, the manufacturer, distributor, or designer of the product may be held liable.
• Contractors and Subcontractors: In cases involving construction sites or other work environments where multiple contractors are present, a subcontractor’s negligence or failure to adhere to safety regulations could lead to a third-party claim.
• Property Owners: If a work-related injury occurs on property owned by someone other than the employer, such as a landlord or property management company, the property owner may be held liable for unsafe conditions or negligent maintenance.
• Drivers and Motorists: If an employee is injured in a motor vehicle accident while performing work duties, such as driving for work-related purposes, the negligent driver of another vehicle involved in the accident may be subject to a third-party claim.
• Maintenance and Service Providers: Companies or individuals responsible for maintaining or servicing equipment or premises used by the injured worker may be liable if their negligence contributes to an injury.
• General Contractors: In construction projects, the general contractor may be held liable for injuries resulting from their failure to maintain a safe work environment or properly supervise subcontractors.
• Product Suppliers and Vendors: Companies supplying materials or products to the workplace may be liable if their products are defective or unreasonably dangerous, causing injury to workers.
• Other Negligent Parties: Depending on the circumstances of the accident, other parties such as property managers, architects, engineers, or even fellow employees may be considered third parties in a work injury claim.

If you wish to file a third-party work injury claim, you will need to prove that the defendant is legally responsible, or “liable,” for the incident. Typically, this involves proving that the defendant owed you a duty of care and breached this duty of care, most often by acting negligently or wrongfully in some way, leading to your injuries and resulting damages.

Once we have identified the cause of your accident, we can determine who is liable for your resulting injuries and related damages. At The Law Offices of Omar Khawaja, PLLC, we help injured workers seek full compensation for all economic, non-economic, and punitive damages to which they are entitled. We are prepared to do everything we can to maximize your recovery and help you get back on your feet.

Construction workers do not always know their full rights after a workplace injury. Our legal team has discovered that injury and wrongful death victims believe they have no recourse beyond a workers’ compensation claim. There are additional forms of compensation that go beyond workman’s comp to receive an equitable reward in several cases.

Depending upon what our investigation uncovers, a Houston construction accident lawyer can hold the following parties accountable for their actions:

• Managers
• General contractors
• Subcontractors
• Property owners
• Equipment manufacturers
• Utility companies
• Other third-parties

Our legal team will put its resources behind you so that we can arrive at a conclusive determination regarding the facts of your case backed by admissible, discoverable evidence. As new developments arise, your Houston construction accident lawyer will communicate them to you, explain your options, and follow through on your directives. If we need to hire experts, such as accident reconstruction experts and economists, to obtain a full award on your behalf, we will not ask for any form of an advance payment.

Can I be compensated for an accident on a construction site?

If your employer follows the Texas workers’ compensation system, you cannot file a lawsuit against your employer when you are injured at work. Instead, you obtain financial compensation through their workers’ compensation policy. However, these policies only pay medical costs, lost wages, and other essential expenses.

However, you may have an opportunity to receive additional compensation types that go beyond workers’ compensation benefits. At The Law Offices of Omar Khawaja, your Houston construction accident lawyer will help you determine if you can file a third-party claim against anyone who is not your employer but caused your accident and subsequent injuries.

Simply speaking, we will help you make a recovery of:

• All related current and ongoing medical costs
• All related current and future lost earnings and benefits
• Physical pain and suffering and mental anguish
• Vocational and physical therapy
• Survival action and wrongful death damages
• Punitive damages
• Other recoverable losses permitted by law

In contrast to a workers’ compensation claim, you must prove that the third-party was negligent. It is also critically important to know that the other party may try to shift some of the blame for the accident to you. As such, hire a Houston construction accident lawyer with a strong command of these laws when pursuing a third-party claim.

Our Houston work injury attorneys can help ensure that you do not miss any important deadlines when it comes to filing your claim. We are prepared to handle every legal detail—from investigating the incident and gathering evidence to communicating with the insurance company and preparing your case for trial—so that you can concentrate on healing. Our team can assist you in English, Spanish, Urdu, and Arabic, and we do not collect any attorney or litigation-related fees unless we secure a settlement or verdict on your behalf.