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Can I Sue for My Industrial Accident if I’m Receiving Disability?


In Texas, when dealing with an industrial accident or an on the job injury, receiving Social Security Disability payments does not preclude you from seeking compensation from the parties responsible for your injuries.

What is Social Security Disability?

Social Security Disability (SSD) is a supplemental income covering disabled workers who have accumulated a sufficient number of work credits to be considered “insured.” Credits are accumulated by paying into the Social Security trust fund. After receiving SSD for two years, a qualified disable person will be eligible for Medicare.

In addition to collecting benefits for themselves, a qualified SSD recipient may also be able to receive partial benefits, called auxiliary benefits, for their spouse and children dependants.

There is a five-month waiting period for benefits to kick in which means many injured disabled workers begin the process of applying for SSD as soon as they are able.

It is important to note that SSD is not connected to your employer, but rather your own contributions to the Social Security program. As such, these payments do not affect your right to compensation for injuries caused by a third party’s negligence or reckless behavior, nor will it have bearing on any resulting claims.

What Kinds of Workplace Accidents Can I Sue For?

In order to sue for an on the job injury, that injury must have been caused by the negligence or reckless behavior of another – this could be a co-worker, a non-employee, the manufacturer of a defective piece of equipment, or an employee of another company.

Among the most common types of workplace accidents in the United States are:

  • Compressor accidents
  • Crane accidents
  • Electrical accidents
  • Faulty safety equipment
  • Fire and explosions
  • Improper equipment maintenance
  • Lack of proper training
  • Safety code violations
  • Scaffolding accidents
  • Slip and fall
  • Transportation accidents
  • Exposure to chemical and toxic substances

How Common are Workplace Accidents?

According Occupational Safety and Health Administration (OSHA), nearly 3 million workplace accidents resulting in injury or death occurred in 2015.

Those accidents resulted in 4,836 deaths. This averages to more than 93 deaths a week or more than 13 deaths every day.

Of the 4,379 worker fatalities that occurred in private industry, 937 were associated with construction. Texas recorded the highest number of fatal workplace injuries in 2015 with 527 deaths occurring.

Among the leading causes of occupational injury and death were:

  • Transportation incidents — 42.4%
  • Falls, slips, and trips — 16.5%
  • Contact with objects and equipment — 14.9%
  • Violence and other injuries by persons or animals — 14.5%
  • Exposure to harmful substances or environments — 8.8%
  • Fires and explosions — 2.5%

What Should I Do if I’ve Been Injured in an Industrial Accident?

There are certain steps you can take to help preserve your rights as a victim of a workplace accident. By following these guidelines, you can put yourself in a better position to achieve the compensation you deserve for your injuries. If you suffered a work injury, follow these steps:

  • Seek immediate medical attention for your injuries.
  • Report the injury to your supervisor as soon as possible.
  • Be sure your employer makes a written report of the accident.
  • Collect names and contact information of any witnesses to the accident.
  • Take photos of the accident area, including of any tools or equipment involved in the accident.
  • Write a detailed account of how the accident took place.
  • Contact an experienced work accident lawyer to discuss your rights as an injured worker.

How Can a Work Injury Attorney Help Me?

If you or a loved one were injured on the job, contact Thomas J. Henry. Workplace accident victims deserve quality, dynamic representation from attorneys with the experience and legal resources to properly develop their case. Oftentimes, workplace injuries are severe and debilitating and put individuals out of work for an extended period of time. Our work accident lawyers will take immediate action on your case and make sure you are comfortable and informed throughout the entire legal process. Contact us today for a free case review.

Contact Us for a Free Case Review

info@tjhlaw.com

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