A Dallas-Fort Worth Work Injury Lawyer Can Help You Overcome Common Employer Defenses
In non-subscriber work injury cases, your employer’s goal is to pay you the lowest amount possible in compensation for damages. It’s important that you are prepared for their defenses and have a plan to overcome them.
At Armstrong Law, Dallas-Fort Worth work injury lawyer Warren Armstrong works with clients to maximize their compensation in non-subscriber work injury claims. Learn what we do to handle some of the most common defenses, then contact our office to discuss how we can help you.
6 Common Non-Subscriber Employer Defenses
In the state of Texas, if you can prove that your employer is 1% at fault, you are eligible to receive compensation for 100% of the damages. However, there are several common defenses your employer may use to avoid admitting liability for your injury—and working with an experienced work injury lawyer is the best way to overcome these arguments.
1. Your Condition Is the Result of a Preexisting Injury
If you have a preexisting injury or medical condition, your employer may argue that it contributed to your workplace injury. For example, if you had a broken hand and dropped a heavy item on your foot, they can argue that your preexisting injury caused your new injury. However, this can be overcome by proving that you aren’t at fault for the new injury. Going back to the example, if you were tasked with lifting something that is above your maximum weight and not given help, the employer would be at fault regardless of the fact that you were the one who dropped it.
2. The Activity That Caused Your Injury Was Outside the Scope of Your Work
The employer may argue that your injury happened when you were doing activities outside of your scope of work. You can rebut this defense by proving that your employer told you to do the task when you were injured or showing proof that the task is in your job description.
3. You Were Under the Influence at the Time You Were Hurt
The non-subscriber may try to prove that you were under the influence of drugs or alcohol during the time the injury took place. You can overcome this defense by collecting witness statements. For example, you can ask your coworkers to testify that you were sober at the time of the workplace accident. The results of a medical examination after your injury can also establish that you showed no signs of being under the influence.
4. You Intentionally Caused Your Injury
If your employer believes that you intentionally caused harm to yourself, they will use that as their defense. Their goal is to avoid paying compensation, so they will use any argument they can to get out of awarding damages. If they use this argument, your lawyer will collect evidence and witness testimony to prove that you did not intentionally cause the injury.
5. It Was a Commonly Known Hazard That Caused Your Injury
This essentially means that your employer doesn’t have to keep an injury from happening if the hazard is blatantly obvious. For example, it’s common sense not to stand in front of a forklift. The employer doesn’t have to specifically train employees on that. If your employer pulls out this defense, you and your lawyer must prove that the hazard was not known. This can be done by speaking to expert witnesses.
6. It Was a Routine Part of Your Job
If your injury happened while you were tending to a routine task, your employer may use the part of a routine job defense. If you were injured doing a routine task that isn’t generally known to be hazardous, your employer can argue that they are not at fault. They may say it was a fluke accident, so they aren’t to blame. If they use this argument in their defense, you must prove that they are still at fault. Even if the task wasn’t dangerous, the equipment may have been faulty, you may not have been provided appropriate protective gear, or you may not have been given proper training.
3 Technical Reasons Your Case Might Get Dismissed
Sometimes, work injury cases are dismissed for technical reasons that have nothing to do with the specifics of your injury. Working with an attorney can help prevent this from happening.
1. The Statute of Limitations Has Passed
Your employer may argue that the statute of limitations has passed for the case. In Texas, the statute of limitations for work injury cases is two years. You have two years to make a claim before your employer can use this defense.
2. You Signed a Liability Waiver
Your employer might try to get you to sign a liability waiver. If you sign the waiver after the injury occurred, they won’t be held liable for your injury. Make sure that you read all documents carefully and consult a work injury lawyer before signing anything.
3. You’re Not Actually an Employee
If you were hired as an independent contractor, your employer may try to use that as an argument to get out of paying for your damages. To receive compensation, you must prove that the injury happened at their work location while completing work for them.