Working in an industrial plant comes with inherent risks, even if all proper safety protocols are followed. Accidents and injuries inevitably happen in plants and factories, with 5,283 fatal workplace accidents recorded in 2023, and at least 79 chemical refinery accidents since 2021 in Texas alone. If you suffer an injury while working at a plant in Houston, you have certain rights under Texas law.

Understanding the Claims Process After a Plant Injury

When you file a workers’ compensation claim, the process can seem complicated and drawn out. An experienced plant injury lawyer in Houston can streamline the system for you.

First, your claim will go through the medical review phase. The insurance company must approve all treatment related to your workplace injury. Having legal help can get your medical care approved more efficiently.

Next is the income benefits phase. This determines how much the insurer will pay you while you’re recovering from the injury. There are often disputes around benefit classifications and payment rates. A lawyer can negotiate the fairest benefits.

Finally, if your injury causes a permanent disability, you may enter the impairment income benefits phase. Again, legal expertise is key to getting you properly classified and compensated.

Texas Workers’ Compensation

Texas requires most employers to provide workers’ compensation insurance for their employees, and in 2022, there were 178,800 reportable incidents, including large industrial plants.

Workers’ comp provides medical care and partial wage replacement if you suffer an on-the-job injury or work-related illness. Benefits are paid regardless of who was at fault for the incident.

To receive workers’ compensation, you must report the injury to your employer immediately. There are deadlines for filing a claim. A workers’ comp lawyer can help you through the process.

Protections Against Retaliation

It’s illegal for your employer to punish you for reporting an on-the-job injury or filing a workers’ comp claim. You can’t be fired, demoted, denied raises, or treated unfairly at work.

If your employer does retaliate against you, you may have grounds for a wrongful termination lawsuit. Additionally, you can file a complaint with the Texas Workforce Commission.

Third-Party Liability in a Workplace Injury

Sometimes, a third party shares liability for a workplace injury. For example, if you’re hurt by a defective machine, the manufacturer may be at fault. In the US, there are around 800 fatal accidents caused by defective machinery each year, and a further 18,000 amputations, crushed limbs, lacerations, and other serious injuries.

In these cases, you can pursue a personal injury claim against the responsible party, in addition to collecting workers’ comp benefits from your employer. This allows you to maximize your financial recovery.

An experienced plant injury attorney can help figure out if a third-party liability applies. They can handle negotiations or litigation to get you full compensation.

Navigating Legal Disputes After a Plant Injury

Disputes often arise in the workers’ comp system – from denied claims to premature termination of benefits. Injured workers can feel powerless against insurance companies.

With a plant injury attorney on your side, you have strong advocacy and legal leverage. Your lawyer can send official appeals, gather evidence, negotiate with adjusters, and take necessary court action. Don’t go it alone if your claim is denied or benefits are reduced unfairly.

With legal expertise, you can pursue every avenue of compensation available in your unique case. Don’t leave money on the table if an accident wasn’t your fault.