Hurt in a loading dock accident at work? Call 1-877-405-4313 to learn how our Dallas Injury attorneys may be able to help.
We understand the confusion surrounding your options following a work injury in Texas, which is why we’re happy to discuss your options—free of charge—over the phone or by email. There’s no obligation to make a decision right away, and we never charge a fee unless (and until) we put money in your pocket.
Loading docks are commonly found at retail businesses, warehouses, and other similar settings. There are many safety risks inherent to dock workers, but this is no excuse for injuries caused by lax safety protocols, improper training, or negligence on behalf of management or another worker.
Employers are required to provide a safe work environment, and failing in this regard can open themselves up to liability when an employee is injured on the job. In Texas, your options following an on-the-job injury generally depend on two things:
- Were you an employee or an independent contractor?
- Does your employer subscribe to workers’ compensation insurance?
Dock workers and truck drivers are usually considered employees, but some employers may classify (or misclassify) employees as contractors. Bonafide employees may be eligible for certain benefits (including workers’ compensation), while contractors, by virtue of not being “employed” by their superiors, may not. Of course just because your boss tells you that you’re a contractor doesn’t mean that you’re considered a contractor in the eyes of the law.
If the employer does not subscribe to state-run workers’ compensation insurance, the employee is permitted to file a normal work injury claim and seek 100% of their damages and related losses. If they do subscribe to WC insurance, injured employees are only allowed to pursue a workers’ comp claim. The problem is that many people don’t realize that employers in Texas are not required to purchase workers’ compensation insurance, and some unscrupulous businesses will attempt to hide this fact from you.
WC claims are generally handled administratively, allow the injured employee seek medical treatment, and generally seek to recover a portion of the worker’s lost wages. While workers’ comp is beneficial in many situations, it is only designed to pay a portion of your actual damages. Because work injury claims in Texas are so complex, it’s always a good idea to seek out an attorney who offers free consultations in order to determine your options moving forward. The attorneys at Rasansky Law Firm are happy to discuss your case free of charge at 1-877-405-4313.
Injuries common to loading dock workers.
There are a variety of accidents common to loading dock workers and truck drivers, including muscle strains, slip and fall accidents, and crush injuries. Accidents that occur at loading bays are often catastrophic or fatal due to the mass of the cargo generally involved. Many victims suffer from amputation, disfigurement, or permanent disability, which can prevent them from even returning to work in the same field. Here are a few accident scenarios common to loading docks:
- Sustaining a back injury due to an unrealistically large workload.
- Pallet tip-overs (due to improperly-loaded trucks or forklifts) which fall onto a worker.
- Poorly maintained forklifts dropping heavy objects, tipping over, or otherwise malfunctioning.
- Being struck by a reversing truck or becoming pinned between the truck and a wall.
- Crush injuries caused by a malfunctioning overhead door or gate.
- Fingers and toes being crushed by a loading dock leveler or dock plate.
- Falls from the dock platform.
OSHA violations and investigations.
While not every loading dock accident automatically results in an OSHA investigation, many do. It’s important to understand though, that you should never wait for an OSHA investigation to be completed before filing a claim. These investigations can take months to complete, and may not have any bearing on your actual case. The discovery of an OSHA violation could prove helpful to your civil claim, but it’s also vital to act quickly. The more time that passes, the harder it becomes to collect key evidence necessary to proving your case.
Loading bays are dangerous areas. It is for this reason that supervisors are required to ensure that all workers have the necessary safety training which will come in handy should there be an emergency. Loading docks are supposed to be well-lit at all times, helping both workers and vehicle operators avoid preventable accidents. Should your supervisor fail to offer you the proper training, tools, or safety gear, they may be opening the company up to liability when a worker is injured.
We’re here to help YOU!
When it comes to recovering compensation for your injuries, medical bills, lost wages, and other related damages, it really comes down to the particulars of your case. Work injury law in Texas is complex, but our Dallas injury lawyers have considerable experienced in this area. Call us at 1-877-405-4313 today for a free consultation. We’re happy to discuss the facts of your case and advise you of your rights for absolutely no cost. In fact, we handle these cases on a contingency basis, meaning we’ll never ask for a penny out of pocket to handle your claim.
Speak With a Dallas Work Accident Attorney For Free
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100, or toll-free at 1-877-405-4313.