Houston Work Accident Lawyer
Houston Work Accident Lawyer
Seeking a Free Consultation with one of Texas’ Houston Work Accident Lawyers? Call the Houston Work Accident Lawyer Reshard Alexander today at 713.766.3322.
Although many workplace accidents have relatively minor repercussions, which could result in just a paper cut or scratch, others can have more serious – and potentially fatal – consequences.
For instance, there are some industries in which individuals are more exposed to occupational hazards than others, such as the construction trade. This had the highest rate of fatal injuries out of all other industry sections in 2011/12. During this period,[7] falls accounted for 51% of construction injuries resulting in death, demonstrating that builders are more likely to fall from height than those who work in less dangerous locations, such as an office.
Workers’ compensation (which formerly was known as workmen’s compensation until the name was changed to make it gender-neutral) in the United States is a primarily state-based[1] system of workers’ compensation.
In the United States, some form of workers’ compensation is typically compulsory for almost all employers in most states (depending upon the features of the organization), with the notable exception of Texas as of 2018.[2] Regardless of compulsory requirements, businesses may purchase insurance voluntarily, and in the United States policies typically include Part One for compulsory coverage and Part Two for non-compulsory coverage.[3]
Texas is unusual in that it allows employers to opt-out of the workers’ compensation system, with those employers who do not purchase workers’ compensation insurance being called non-subscribers.[41] However, those employers are exposed to legal liability in the event of employee injury. The employee must demonstrate that employer negligence caused the injury; if the employer does not subscribe to workers’ compensation, the employer loses their common law defense of contributory negligence, assumption of the risk, and the fellow employee doctrine.[42] If successful, the employee can recover their full common law damages, which are more generous than workers’ compensation benefits.
In 1995, 44% of Texas employers were non-subscribers, while in 2001 the percentage was estimated to be 35%.[41] The industry advocacy group Texas Association of Business Nonsubscription claims that non-subscribing employers have had greater satisfaction ratings and reduced expenses when compared to employers enrolled in the workers’ compensation system.[43] A research survey by Texas’s Research and Oversight Council on Workers’ Compensation found that 68% of non-subscribing employers and 60% of subscribing employers—a majority in both cases—were satisfied with their experiences in the system, and that satisfaction with non-subscription increased with the size of the firm; but it stated that further research was needed to gauge satisfaction among employees and to determine the adequacy of compensation under non-subscription compared to subscription.[41] In recent years, the Texas Supreme Court has been limiting employer duties to maintain employee safety, limiting the remedies received by injured workers.
Seeking a Free Consultation with one of Texas’ Houston Work Accident Lawyers? Call the Houston Work Accident Lawyer Reshard Alexander today at 713.766.3322.
A work accident, workplace accident, occupational accident, or accident at work is a “discrete occurrence in the course of work” leading to physical or mental occupational injury.[1] According to the International Labour Organization (ILO), more than 337 million accidents happen on the job each year, resulting, together with occupational diseases, in more than 2.3 million deaths annually.[2]
The phrase “in the course of work” can include work-related accidents happening off the company’s premises, and can include accidents caused by third parties, according to Eurostat. The definition of work accident includes accidents occurring “while engaged in economic activity, or at work, or carrying on the business of the employer” according to the ILO.
The phrase “physical or mental harm” means any injury, disease, or death. Occupational accidents differ from occupational diseases as accidents are unexpected and unplanned occurrences (e.g., mine collapse), while occupational diseases are “contracted as a result of an exposure over a period of time to risk factors arising from work activity” (e.g., miner’s lung).[3]
Incidents that fall within the definition of occupational accidents include cases of acute poisoning, attacks by humans and animals, insects, etc., slips and falls on pavements or staircases, traffic collisions, and accidents onboard means of transportation in the course of work, accidents in airports, stations and so on.
There is no consensus as to whether commuting accidents (i.e. accidents on the way to work and while returning home after work) should be considered to be work accidents. The ESAW methodology excludes them; the ILO includes them in its conventions concerning Health & Safety at work, although it lists them as a separate category of accidents;[4] and some countries (e.g., Greece) do not distinguish them from other workplace accidents.[5]
A fatal accident at work is defined as an accident that leads to the death of a victim. The time within which the death may occur varies among countries: In Netherlands, an accident is registered as fatal if the victim dies during the same day that the accident happened, in Germany if death came within 30 days, while Belgium, France, and Greece set no time limit.[6]
Where the accidents involve multiple fatalities they are often referred to as industrial disasters.
Houston Work Accident Lawyer
Seeking a Free Consultation with one of Texas’ Houston Work Accident Lawyers? Call the Houston Work Accident Lawyer Reshard Alexander today at 713.766.3322.
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