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Work Injuries

Injuries at Work & Workplace Accidents

Some employers try to downplay or avoid their obligations to injured workers. They try to blame you rather than taking responsibility for unsafe working conditions.

You have the right to pursue compensation for workplace injuries. An experienced workplace injury attorney helps you recover damages for medical treatment, lost wages, disability, and emotional trauma.

Our workplace injury attorneys help clients in Texas and New Mexico. We understand the financial pressure that a work injury puts on you and your loved ones. Let us handle the insurance claims and legal details so that you can focus on feeling better.

What to Do After a Workplace Injury

Whether you’re hurt on an oil rig or suffer a repetitive stress injury as an administrative assistant, your priority is medical care. As workplace injury lawyers, we have seen the tragic consequences of waiting for medical treatment.

Once you’ve received medical attention, notify your supervisor about the accident or injury. These two steps – getting medical documentation of your injuries and notifying your supervisor – are crucial elements to pursuing total and fair compensation.

We Know the Stakes Trust Us To Make a Meaningful Difference

All of our clients have families of their own. They are decent, hardworking people, and come to us with complex business issues or because their lives have been changed by a catastrophic injury.

SEE HOW WE CAN MAKE A DIFFERENCE
  • $20 MILLION Oil and gas case involving significant economic harm
  • $19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
  • $13.5 MILLION Jury Verdict Patient paralyzed after nurses failed to tell a doctor about a change in condition
  • $8 MILLION Young college student suffers brain injury from negligent conduct
  • $7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
  • $6.2 MILLION Jury Verdict Marine veteran suffers catastrophic harm after a dangerous fall

    Common Work Injury Questions

    • Am I required to report a work injury?
      You should report a work-related injury or medical diagnosis to your employer. To receive workers’ compensation benefits, you must report your injury. If you fail to report, you can lose the right to workers’ comp benefits. The delay or failure to report also can be used against you in a personal injury lawsuit against your employer or a third party.
    • Can I sue if I was injured at work?

      Whether or not you can sue for an injury at work depends on who was at fault and whether you have workers’ comp coverage. If your employer provides workers’ compensation insurance and your injuries are covered, then you cannot sue your employer. If workers’ comp does not protect you, the law may entitle you to sue your employer for negligence.

      It is possible to file a personal injury lawsuit against a liable third party whether or not you receive workers’ compensation benefits.

    • Can I sue my employer for negligence?
      If workers’ compensation coverage covers you, you cannot sue your employer. Workers’ comp insurance limits your employer’s liability. However, there are exceptions for when your employer was grossly negligent or acted intentionally to harm you. When workers’ compensation does not cover you, and your employer or a coworker is responsible for your injuries, you may be able to sue for negligence.
    • How long do I have to sue for a work-related accident?
      Texas gives you two years to file a personal injury claim. In New Mexico, you have three years. These statutes of limitations apply to personal injury lawsuits. Each state has different deadlines for filing workers’ compensation claims or appealing a denied claim. Talk with an attorney about your state’s workers’ compensation deadlines.

    Common Accidents at Work

    Some of the most common workplace accidents in Texas and New Mexico include:

    Types of Injuries

    Incidents at work can lead to a wide range of moderate, severe, and catastrophic injuries:

    Contact An Attorney Today

      "You could not hire a better attorneys than the Kemmy's."

      My husband was involved in an industrial accident & we hired the Kemmy law firm to represent him with that case. You could not hire a better attorneys than the Kemmy's. They went above & beyond to help him get what he deserved. If you are searching for a lawyer in Texas you need to hire them!!!

      - Colleen B.
      "I can’t thank you all enough for what you have done for me and my family."

      I had an amazing experience with the Kemmy law firm. I was facing some really tough circumstances with my case but Tom and his incredible staff were able to get me over double the money that I was initially looking at at the start of my case. I can’t thank you all enough for what you have done for me and my family.

      - Rod C.
      "Nick was very open and transparent."

      Mr. Kemmy comes from good stock and was referred to us by one of the best. And if he's good enough for him to lay his reputation on the line, he's good enough for me. Nick was very open and transparent, and shared some of our frustrations. We were very please with him representing us. Thanks again Nick.

      - Richard G.
      "Not only were they my lawyers they became like family."
      I honestly got to say Tom and Danny got to be two of the best attorneys in the state of Texas I was injured in the oilfield accident about 3 years ago and they fought for me in my case like some sharks hands down best attorneys out there not only were they my lawyers they became like family thanks Kemmy law firm
      - Jeremiah L.

      Compensation for Workplace Injuries

      You have a right to seek compensation for injuries related to your job. The Kemmy Law Firm has recovered over $50 million in damages for our clients. Let an experienced work injury lawyer fight for maximum compensation for all your economic and emotional damages.

      • Medical Expenses
        You deserve compensation for your past and future medical care. This care might include the cost of traveling to and from doctor’s appointments, in-home care, at-home medical supplies, prescription drugs, physical rehabilitation, mental health treatment, and more.
      • Lost Pay
        You can demand compensation for the wages you lost while recovering from your injuries. Suppose you can return to work, but your income is lower due to a partial disability and limited physical capabilities. In that case, we will fight for you to receive your future lost wages.
      • Pain and Suffering
        Workplace injuries create emotional and physical distress. Pain and suffering is a blanket term for these damages that deserve compensation.
      • Mental Anguish
        Not all of the discomfort and suffering you experience is physical. Our attorneys seek compensation for the emotional and psychological consequences of a work injury, including anger, frustration, grief, depression, and anxiety.
      • Disfigurement and Scarring
        If a work-related injury caused significant scarring or disfigured your outward appearance, you could receive additional compensation.
      • Disability/Physical Limitations

        Some workplace injuries result in temporary or permanent disability. Depending on the physical limitations of your injuries, you could be entitled to compensation.

      • Reduced Earning Capacity
        Full or partial permanent disabilities can affect your future earning potential. A workplace attorney can seek to fill the financial gap between your pre-and-post earning capacity.
      • Reduced Quality of Life
        Sustaining a disability or disfigurement can permanently alter your life and future. Whether it’s having to give up a beloved sport or not being able to drive, you deserve compensation for a reduced quality of life.
      • Loss of Consortium
        Workplace injuries often affect the intimate relationships between partners and spouses. An attorney can help you seek compensation if you cannot enjoy marital relations or have children because of your injuries.
      • Out of Pocket Expenses
        You can seek reimbursement or compensation for valid out-of-pocket expenses related to the accident or injury.
      • How an Attorney Shows Proof of Damages
        Insurance companies and the court need proof that you’ve suffered physical and emotional injuries. An attorney can support your claim with documentation, testimony, and other evidence.
      • How an Attorney Shows Proof of Damages
        Insurance companies and the court need proof that you’ve suffered physical and emotional injuries. An attorney can support your claim with documentation, testimony, and other evidence.
      • Proof of Economic Damages

        Economic damages, such as medical expenses and lost wages, can be calculated and established with documentation. We will gather your pay stubs, tax returns, medical bills, other bills, and receipts.

        An attorney with Kemmy Law Firm can hire experts to calculate lost income, benefits, and future expenses if necessary.

      • Proof of Non-Economic Damages
        Determining the value of and proving non-economic damages is more challenging. To demonstrate the severity of your emotional suffering, we could use medical records, medical expert testimony, photos of your injuries, your testimony, and journal entries.
      We Know the Stakes The Kemmy Experience

      All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.

      Fatal Workplace Accidents

      Workers’ compensation insurance provides funeral and burial benefits to surviving spouses, children, or parents. However, you may also be entitled to compensation for your family’s lost income.

      Wrongful Death Lawsuits

      Surviving family members may also seek compensation in wrongful death lawsuits against employers and other negligent third parties, depending on the situation:

      • If the employer does not have workers’ compensation insurance
      • If a third party caused your loved one’s passing

      Find out if your case is a wrongful death

      It is critical to know your rights, options, and how the law applies in your case.

      Our attorneys handle wrongful death lawsuits in New Mexico and Texas. We will guide you through this process to pursue compensation and justice.

      • Meet Jerry

      Proving Liability in a Workplace Accident 

      Workers’ compensation is no-fault insurance. Under most circumstances, you can recover compensation for medical care and lost wages even if you are entirely or partially at fault. While you need to show documentation of your injuries, you might not have to establish liability. Proving liability is a critical factor in a personal injury lawsuit. If you intend on suing your employer for gross negligence or if your employer doesn’t carry workers’ compensation, you’ll need to show how they are at fault.

      • Negligence in a Workplace Injury Claim
        Negligence is a breach of a duty of care, which causes another person harm. To obtain compensation, you must establish four elements.
      • Duty of Care
        Whether an employer, property owner, manufacturer, or individual, the other party owed you a duty of care. This duty of care involves reasonable measures to avoid harming you that another person would take under similar circumstances.
      • Breach of Care
        When the other party fails to uphold that duty of care, they are considered negligent. A breach of care might happen due to reckless acts or failure to act.
      • Causation
        The other party’s breach of their duty directly led to a workplace accident. The accident was a foreseeable risk of the other party’s conduct.
      • Damages
        Damages are the economic and emotional harm as a result of your injuries.

      What to Expect in a Work Injury Claim

      Depending on the facts involved and the state where you are filing, there are various factors to consider when pursuing a work injury claim. Without proper guidance, you may not follow the appropriate procedures or miss important deadlines, which will waste your time and efforts.

      Generally, the work injury claims process involves:

      • Investigating the cause of the workplace accident.
      • Determining fault and liability for your workplace injury.
      • Analyzing your workers’ compensation coverage.
      • Guiding you through a workers’ compensation claim, if applicable.
      • Filing a lawsuit against your employer or a third party, if applicable.
      • Negotiating a work injury compensation settlement with the employer or third party’s insurer.
      • Resolving your case with a settlement or preparing for trial.
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      Why Call the Kemmy Law Firm

      A workplace injury affects your physical, emotional, and financial health. You might have to pay for medical treatment on top of your regular bills, such as rent and utilities. And if you’re unable to work, you could be faced with a mountain of debt while your employer or the insurance company drags their feet.

      Whether your best option is seeking workers’ compensation benefits or filing a lawsuit, an experienced lawyer can help you obtain the benefits and compensation you deserve.

      Over 50 Combined Years of Legal Experience

      Our experienced workplace attorneys have over five decades of combined legal experience. We’ve won over $50 million for our clients. Let us fight for you and your family. You owe us nothing unless we recover compensation.

      Kemmy Law Firm has offices in San Antonio and Odessa, TX, and Hobbs, NM.

      Schedule a free consultation - no fees unless we win or settle your case. (830) 264-6297

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      Let Our Family Protect Yours

      When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience.

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