Compensation for Work Injuries / Death

When someone is injured or dies as a result of a workplace incident, there are a number of ways in which an injured worker (or the family of one who is deceased) can suffer harm. Injuries can be severe and require immediate hospital care and perhaps lifetime treatment. The pain and suffering, mental anguish, and psychological harm can last long after the physical injuries appear to have healed. We list a few types of harms and losses, legally known as "damages," for which Texas law might allow an injured worker or his family to obtain compensation. We do not address on this page of our website which harms and losses can be compensated inside the workers' compensation system, but instead generally list damages which might be recovered in a claim against a non-workers-compensation subscribing employer or against a third-party company who is liable for the injuries.

Medical Treatment

A company liable for injury to a worker is responsible to pay for reasonable and necessary medical expenses. These expenses include emergency care, surgery (including cosmetic), hospitalization, chiropractic care, physician care, pain-management assistance, medication, and any other expense resulting from the workplace injury. Medical treatment also includes care to assist with related emotional harm, such as sessions with a psychiatrist, psychologist, and/or counselor.

Disfigurement

Serious work injuries (and resulting surgery) can cause scarring and/or permanent visible physical defects, legally known as "disfigurement." An employee injured as a result of a workplace incident can recover money damages for disfigurement. There is no formula for an appropriate amount of compensation. The amount of damages depends on the location and severity of the scars or permanent visible defect, as well as other factors specific to the case. A person with a visible two-inch scar on her face, for example, might receive more in damages than she would for the same-sized scar on her ankle.

Physical Impairment

A worker who has suffered an injury might be, as a result, unable to move in a certain way or be physically unable to perform certain tasks. This is known as "physical impairment." In workers' compensation case, employees might receive a related "impairment rating." Appropriate compensation for physical impairment depends on the severity of the impairment. For example, if a person is unable to walk without a limp, compensation for his physical impairment would likely be less than for a person who is permanently paralyzed.

Lost Wages / Loss of Earning Capacity

A worker who cannot work as a result of a workplace injury can recover lost wages and/or loss of earning capacity. Lost wages are fairly simple - the amount of money the person lost because he was unable to work. Loss of earning capacity is like lost wages, and it usually refers to a person's inability to work.

Physical Pain and Suffering / Mental Anguish / Emotional Distress

An injured employee can suffer physical pain and emotional distress / mental anguish as separate harms. Physical pain is straightforward and refers to the suffering experienced as a result of the physical aspects of an injury. Mental anguish or emotional distress refers to the mental pain, torment, and/or suffering experienced by a person as a result of injuries. Emotional distress can come from a person having difficulty providing for himself or his family as a result of the injury, or because he is unable to do things that he was previously able to do (such as running, playing golf, fishing, etc.). The law allows an injured worker to recover compensation for physical pain and suffering and mental anguish / emotional distress.

Loss of Consortium / Society and/or Loss of Household Services

An injured person's relative might be able to recover money damages for what the law refers to as "loss of consortium" or "loss of society." Loss of consortium usually refers to damage to the husband-wife relationship. Loss of society usually refers to damage to the parent-child relationship. Loss of household services refers to the loss of services provided by an injured person to that person's spouse. These types of damages are recoverable, depending on the facts of the case.

Death

Certain family members of a worker who dies as a result of a workplace incident can sue the employer, even if the employer provides workers' compensation insurance. Generally, the family must show that the employer's gross negligence resulted in the death. Texas also has a "wrongful death" statute which establishes a claim for certain family members outside the workers' compensation system.


Our law firm’s principal office is in downtown Dallas, Texas, but we represent people across Texas, for employee injury and deathclaims, in cities and areas including the following:  Abilene, Albany, Alice, Alpine, Amarillo, Angleton, Arlington, Austin, Bay City, Baytown, Beaumont, Benavides, Big Spring, Boerne, Bonham, Bowie, Brazoria, Brownsville, Brownwood, Bryan, Buffalo, Carthage, Centerville, Childress, Clarksville, Cleburne, College Station, Commerce, Conroe, Corpus Christi, Corsicana, Crockett, Daingerfield, Dalhart, Dallas, Decatur, Del Rio, Denton, DFW Metroplex, Dumas, Eagle Pass, Eastland, Edinburg, El Paso, Emory, Ennis, Fairfield, Falfurrias, Fort Stockton, Fort Worth, Freer, Gainesville, Galveston, Garland, Gatesville, Gilmer, Granbury, Grapevine, Greenville, Groom, Harlingen, Henderson, Hillsboro, Houston, Huntsville, Irving, Jacksboro, Jasper, Kaufman, Kerrville, Killeen, Kingsville, Kingwood, Laredo, Liberty, Livingston, Llano, Longview, Lorena, Lubbock, Lufkin, Mansfield, Marathon, Marshall, McAllen, Mesquite, Midland, Mineola, Mineral Wells, Mount Pleasant, Mount Vernon, Nacogdoches, New Braunfels, Odessa, Orange, Ozona, Palestine, Pampa, Paris, Pasadena, Pearland, Pecos, Pharr, Plainview, Port Arthur, Quinlan, Raymondville, Richland, Rio Grande City, Rio Grande Valley, Sanford, Sonora, San Angelo, San Antonio, San Marcos, Seguin, Shamrock, Sheffield, Sherman, Spring, Stephenville, Sulphur Springs, Sweetwater, Tawakoni, Temple, Terrell, Texarkana, Texas City, Thurber, Tulia, Tyler, Van Horn, Vernon, Victoria, Waco, Waxahachie, Weatherford, Wharton, Whitesboro, Whitewright, Wichita Falls, Wills Point, The Woodlands, and Woodville.

Law Office of Dean Malone

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Law Office of Dean Malone

Founders Square
900 Jackson Street Ste 730
Dallas, Texas 75202
Telephone:
(214) 670-9989
(866) 670-9989

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