Bailey & Galyen Attorney Discusses Workers’ Rights on The Legal Hour
Bailey & Galyen executive vice president Michael Galyen, a trial attorney in the firm’s Fort Worth office, spoke recently with Keith Spencer, host of The Legal Hour, outlining the rights of injured workers in situations where workers’ compensation benefits are not available or do not apply. Named among the National Trial Lawyers’ “Top 40 under 40,” and a member of the Million Dollar Advocates Forum®, Michael focuses his practice on personal injury, handling cases involving workplace accidents, motor vehicle accidents and premises liability claims.
As Michael explained during the interview, Texas takes a different approach to workplace injury than any other state, as it is the only jurisdiction in which employers are not required to provide workers’ compensation insurance coverage for their employees. Those employers who opt out of the state’s workers’ compensation system are referred to as “non-subscribers.” Michael’s workplace injury practice focuses exclusively on workers who have been hurt while working for a non-subscriber or who have been injured because of the carelessness or wrongful acts of an unrelated third party.
In Texas, a worker who has been injured while in the employ of a non-subscribing company or by a third party has the legal right to file a personal injury lawsuit in civil court, seeking damages for all losses. As Michael explained, there are advantages and disadvantages to injured workers in this approach. The process will necessarily take longer, as a lawsuit must be filed, evidence must be gathered, and a trial must be scheduled and held. However, the compensation to a worker with a claim against a non-subscribing company or a third party will not be limited by the formula that is customarily applied in a work comp case. Furthermore, when the worker sues a non-subscribing company, the company cannot use allegations of contributory negligence to reduce a damage award. If there’s any liability on the part of the employer, the worker will be entitled to the full measure of damages.
Contact the Proven Work Injury Attorneys at Bailey & Galyen
For experienced legal representation when you have suffered any type of injury or illness while working for a company that does not subscribe to the Texas workers’ compensation system, contact Bailey & Galyen or call our offices. We also handle workplace injury claims where unrelated third parties are at fault. We offer a free initial consultation to anyone with a potential work injury claim. You can reach us by phone 24 hours a day, seven days a week. We will meet with you evenings or weekends, if necessary. Se habla Espanol.
We handle all work injury claims on a contingency basis. We’ll only charge attorney fees if we are able to recover compensation for your losses.
