Worker Falls Down Staircase, Sues Occupier of Premises
Jan 10, 2019
Brooks Schuelke, Esq.
Schuelke Law PLLC
Austin, TX (Law Firm Newswire) January 10, 2019 – This on-the-job accident involved a worker allegedly falling down a staircase.
The worker in this workers’ compensation case filed a complaint in Harris County District Court against Polyone Corp., alleging that the premises occupier failed to maintain complete control of its premises. Plaintiff Raul Saldana stated that on the 24th of February, he was working for his employer, installing machinery on the second floor of the named defendant’s premises.
As Saldana went to go downstairs, he allegedly fell from eight feet, suffering multiple, serious injuries resulting in lost wages, pain and suffering, medical bills and mental anguish. The lawsuit states Polyone Corp. is responsible for his fall because they failed to warn workers about the existing danger and failed to reinstall the handrail for the stairs. “They knew or should have known that the danger was there, since it was their worksite, and yet, nothing was done to remediate the clear and present danger of a staircase without a handrail,” said Austin on-the-job injury attorney Brooks Schuelke, not involved in the case.
On the job injuries can be handled in two ways. First, employees can be covered by workers’ compensation insurance. If the employee is covered by workers’ compensation insurance then, except in rare circumstances, the employee cannot sue the employer. Instead, the employee is limited to making a claim against the employer’s workers’ compensation insurance. Second, if the employer does not have workers’ compensation insurance, then the employee can file a lawsuit against the employer. In either case, if the injury was caused by someone other than the employer, then the employee can file a lawsuit against that party, as long as the workers’ compensation insurance does not extend to the third party.
Workers’ compensation is an insurance program managed by the State of Texas, providing medical benefits and pay to workers with a work-related injury or illness. It is important to understand that not all employers in the state offer workers’ compensation insurance, but most do. Remember though that Texas workers’ compensation is different in several ways that include:
* There is a time limit to file a claim. It is a very short time limit so make your claim immediately.
* The injured worker does not have to be a U.S. citizen to get coverage. If the employer has workers’ compensation it cannot deny payment to an injured worker. This is important, as many injured employees may not be citizens of the United States.
* Employers in Texas are not required to subscribe to workers’ compensation. Texas is one of only two states where workers’ compensation is not mandatory. If your employer does not have workers’ compensation, seek the services of experienced legal counsel to file a personal injury lawsuit.
* Not every Texas physician is on the approved doctor’s list for workers’ compensation. Doctors who want to treat injured workers must be approved to do so. If you are injured, it is important to see an approved doctor.
* Federal workers and offshore workers are not protected under the state workers’ compensation laws, but they are protected under federal law.
If you were injured on-the-job, speak to a qualified workers’ compensation lawyer to navigate the complex federal and/or state workers’ compensation laws. “Hurt and don’t know where to go? My door is open to you. We would be happy to assist you with your on-the-job injury case,” added Schuelke.
Schuelke Law PLLC
3011 N. Lamar Blvd
Ste. 200
Austin, TX 78705
Call (512) 476-4944
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