Seeking Justice After a Workplace Accident

Mistakes can happen anywhere, even in the workplace. But when a preventable error leads to a tragic death or life-altering injury, that simple explanation isn’t enough. At Webster Vicknair MacLeod, we’re here to help you seek justice and accountability when negligence turns a workplace mistake into serious harm. With our dedicated team, you’ll have strong advocates by your side who are committed to getting you the compensation and closure you need to move forward in your life.

Common Workplace Injuries

Workplace injuries refer to any physical harm or health problems that occur to employees during their employment. These injuries can happen due to accidents, poor working conditions, or inadequate safety measures. Some examples of workplace injuries include the following:

  • Slips, trips, and falls due to slippery floors, walkway debris, or faulty ladders
  • Impacts from falling objects
  • Repetitive strain and ergonomic injuries
  • Back and neck injuries caused by poor lifting techniques or a lack of support
  • Workplace vehicle crashes and equipment mishaps
  • Burns from explosions or fires at worksites
  • Electrocution
  • Body parts being caught in heavy machinery
  • Injuries from toxic substances, whether from a sudden exposure or gradual buildup over time
  • Physical assaults or other violent acts
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What to Do if You’ve Been Hurt on the Job

Texas Workers' Compensation provides financial benefits to employees injured on the job and to the surviving family members of workers who suffer fatal workplace accidents. This program allows injured employees to receive benefits without needing to prove negligence on the part of their employer. Workers only need to show that an injury or illness occurred and that it was sustained while performing job-related duties.

Report the Injury to Your Employer

You must report your injury to your employer within 30 days from the date of the incident or from the day you became aware that the injury or illness is work-related. Failing to notify your employer within this 30-day window may disqualify you from receiving benefits.

Seek Medical Treatment

If you’ve been injured on the job, seek medical treatment for your injuries right away. Workers’ compensation may require you to see a specific doctor for treatment, so check your options.

Submit Necessary Documents

In most cases, your employer will handle filing the workers’ compensation claim on your behalf. To protect your rights, you’ll also need to submit the DWC Form-041, “Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease,” to the Division of Workers' Compensation (DWC) within one year of the injury date.

It's best to file your workers' compensation claim as soon as possible. The sooner you file, the sooner your benefits may begin. Workers' compensation benefits typically cover all medical expenses, around three-quarters of lost wages, and disability costs. By filing, you waive your right to sue your employer, exchanging that option for guaranteed injury coverage.

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Are Texas Employers Required to Have Workers’ Compensation?

In Texas, unlike most other states, not all employers are legally required to carry workers' compensation insurance. While it is optional for private companies, many businesses participate in the system to offer protection for themselves and their employees. However, even then, there are exceptions. For instance, a private company that works for the government is required to provide workers’ compensation.

Our Case Results

Sutherland Springs Church Shooting

$230,000,000

Federal Mass Tort Verdict

Holcombe Et Al. v. United States of America was a case related to the 2017 Sutherland Springs church shooting.

Lac-Mégantic Railway Disaster

$200,000,000

Train Derailment Settlement

Lac-Mégantic railway disaster was a 2013 train derailment and explosion case in Quebec, Canada.

On July 6, 2013, a 74-car freight train barreled unattended down a hill in the town of Lac-Mégantic, Quebec. The train, which was carrying Bakken formation crude oil, derailed and resulted in the fire and explosion of numerous tank cars. The aftermath led to the confirmed death of 42 people, with five more missing and presumed dead. Victims of this disaster are finally being compensated due in large part to the efforts of Attorney Jason Webster.

The railway line on which the disaster occurred is owned by Montreal Maine and Atlantic Canada LTD. (MMA). Early in January of this year, MMA was ordered to pay nearly $200 million in settlement funds to the victims of the Lac-Mégantic train crash.

Robbins Chevrolet Co. in Harris County

$15,300,000

Fatal Crash Verdict

Robbins Chevrolet Co. in Harris County was a case involving a fatal crash caused by a Robbins Chevrolet employee.

BNSF Railway Company

$3,250,000

Brain Injury Verdict

Tamela Lane v. BNSF Railway Company was a case involving a brain-injured passenger in a vehicle hit by a BNSF train in Bellville, Texas.

January 2015- Cause No. 72383; Tamela Lane, as Temporary Guardian of Ty-Amber Lane, An Incapacitated Person v. BNSF Railway Company, et al; In the 239th Judicial District Court of Brazoria County, Texas

Webster Vicknair MacLeodfights to a $3.25 million verdict for brain injured passenger of a vehicle who was hit by a BNSF train in Bellville, Texas. Jason Webster and Russell Serafin represented a 19-year-old girl who suffered a traumatic brain injury when the car she was a passenger in was struck by a BNSF train that killed the driver. After a Brazoria County jury was seated, the trial lasted 3 weeks and Jury found 50/50 on liability (between railroad and driver of the vehicle) and awarded funeral expenses to the driver of the vehicle and $3.25 million for the passenger of the vehicle. The driver of the vehicle ran a stop sign and stopped on the tracks before being struck. There was evidence that the driver was also on the cell phone at the time. The railroad argued that it was 100% the driver's fault.

18-Wheeler Accident

$800,000

Child Placement Agency Settlement

$775,000

A case against a child placement agency settled for $775,000 for negligent undertaking.

Slip & Fall Settlement

$410,000

Car Wreck

$225,000

A client had been hit by a commercial truck after another private truck driver had hit him.

A client had been hit by a commercial truck after another private truck driver had hit him. It both drivers ended up paying out the total gross settlement.

Policy Limit Settlement

$130,000

Of Counsel member, Joel Pardo successfully negotiated a settlement of $130,000 in a policy limits case.

Of Counsel member, Joel Pardo successfully negotiated a settlement of $130,000 in a policy limits case. We are honored to have represented our clients and fought to secure the compensation they were entitled to.

Slip and Fall Settlement

$100,000

A case on behalf of a plaintiff who slipped and fell on rainwater that had accumulated inside the covered parking garage of an upscale shopping mall in Houston.

A case on behalf of a plaintiff who slipped and fell on rainwater that had accumulated inside the covered parking garage of an upscale shopping mall in Houston. The garage maintenance company who failed to put any caution or wet floor signs out settled with her for $ 100,000.00. It happened at the end of a business day and it had been raining that whole day but no signs were ever placed.

Dog Bite

$77,500

Car Accident

$50,441

Omar Chawdhary receives $50,441.57 arbitration award for a young woman that was hit by a car while crossing the street with her mother in Glendale, Arizona.

Omar Chawdhary receives $50,441.57 arbitration award for a young woman that was hit by a car while crossing the street with her mother in Glendale, Arizona. Using the crosswalk, she and her mother were granted the right-of-way and entered the intersection. Without warning, a negligent motorist driving a jeep swung left through the intersection and struck the young woman in the chest.

The force of the impact was great enough to throw the young woman backward off the hood of the car. She suffered a broken wrist and substantial bruising and scarring. In order to recover from her wounds, she needed to be in a cast for 6 weeks and entered rehabilitation therapy sessions for her wrist, which lasted for more than two months. The medical bills were less than $25,000.

Mr. Chawdhary represented the young woman who was struck by the negligent jeep driver, during the arbitration session and also helped her build her argument. We are proud to be able to say that the arbitrator decided that our client should be awarded $50,441.57 in damages, which is more than twice her total medical bills.

Brian Quinn, Deceased; v. Federal Express Corporation

Settled for Confidential Amount

Webster Vicknair MacLeodsettles for a confidential amount for the death of a pilot in a plane crash in Kansas.

Webster Vicknair MacLeodrepresented a widower for the death of her husband after a tragic plane crash. On November 6, 2012, Pilot Brian Quinn took off from the Wichita airport, piloting a 1991 Cessna Caravan turbojet which was equipped with a Pratt & Whitney Canada engine, loaded with Federal Express cargo, heading for Garden City, Kansas.

Shortly after leaving the Wichita airport, the engine failed and quit working altogether, due to the failure and separation of a compressor turbine blade. When the turbine blade failed, it flew out of position, severing an oil line and/or the oil cooler, which caused oil to immediately spray all over the windshield, thereby depriving the pilot of vision out of the window.

Despite having no vision out the windshield of the plane and despite that the engine had completely failed, and could not make it back to the Wichita airport for a landing, Quinn made a perfect blind emergency landing in a nearby wheat field. After Quinn landed the plane but before it came to a full stop, the plane collided into a row of trees which Quinn could not see due to the oil on the windshield, and Quinn was killed.

There were several parties in this lawsuit and all but Federal Express either settled or were let out of the case. On the eve of trial, Federal Express settled with Webster Vicknair MacLeodand Mr. Quinn’s family for a confidential settlement amount. Cause number DC-13-13215; Gay Ann Quinn, on behalf of herself and as Administrator/Special Administrator of the estate of Brian Quinn, Deceased; v. Federal Express Corporation, Et. Al.; In the 134th Judicial District Court of Dallas County, Texas

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What Happens When My Employer Does Not Have Workers’ Comp?

In such cases, the employer is responsible for paying for an employee’s injuries or death. A lack of mandatory coverage means that employees injured on the job may not receive compensation benefits and could need to file legal action against their employer if they hope to secure damages. However, Texas employers can often be sued for negligence, which may not be valid for employers participating in the workers' compensation system.

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Why Consult With a Workplace Accident Attorney?

Before filing for workers' comp in Texas, consider consulting an attorney about the possibility of a personal injury claim. A personal injury claim could offer higher compensation than workers' comp alone; in some cases, you may even qualify to pursue both. An attorney can help you explore your options and determine the best course of action for maximizing your compensation. Beyond workers’ compensation, employees might have legal grounds to pursue compensation through lawsuits against parties whose negligence contributed to the injury. This can include equipment manufacturers or third-party contractors.

Filing a personal injury lawsuit can allow for the collection of pain and suffering, which is not available with workers’ compensation. Claim denials, lowball settlement offers, permanent disabilities due to injuries, or retaliation for filing your claim are all reasons to speak with an attorney. Seeking legal guidance can prevent anything from jeopardizing your right to compensation. A free consultation with the Houston workers’ compensation team at Webster Vicknair MacLeod can clarify your options and maximize your recovery.

Let Webster Vicknair MacLeod Handle the Details

Your employer will likely have legal support during your workers' compensation case, with attorneys working to reduce or dismiss your claim. Facing experienced insurance lawyers alone can be overwhelming without a background in law. While hiring a lawyer isn’t required in Texas, it’s vital to protect your rights. At Webster Vicknair MacLeod, we have over 120 years of combined experience handling workplace injury cases. We can offer valuable support that allows you to take your mind off the details and focus on your recovery.

  • We can recommend a trusted doctor for a thorough, fair examination that meets workers' comp requirements.
  • By handling the paperwork from start to finish, our attorneys can help you avoid critical mistakes, like missing the notification deadline.
  • Our Houston workplace accident lawyers can negotiate a higher settlement if the insurer's offer falls short of your needs.
  • If your claim is denied or involves third-party negligence, we can represent you effectively in court, bringing skilled legal strategies to increase your recovery amount.

If you are injured on the job or become ill, let our Houston workplace injury attorneys assist you with filing your claim. We can help you recover medical expenses, wage loss, and death benefits—call (713) 396-5197 to schedule a case review. We work on a contingency fee basis, so you don’t pay anything at all until we win your case.

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What Our Clients Say

Lin Z.

I had a dog bite case. Mr. Christian Tovar represented me. He was an very accountable attorney, who provided me with the best customer service. He always kept me informed the case status, and answered any of the questions that I had. I am very satisfied with the the final settlement. I highly rec...

Anita E.

Jason Webster and staff care about their clients and work hard to get each client what they deserve. Jason is a down to earth guy with a huge heart.

Former Client

Exceptional people giving all they have for your best interest. Omar is always there for you any time. Our life was turned upside down by a motorcycle accident we were not expected to survive. Webster Vicknair MacLeod was our support system making it possible for us to live our life to its fulles...

Vicki R.

Christian Tovar did a great job representing us in our lawsuit against Kingwood United Methodist Church that kept flooding our property. I would recommend him to anyone for legal services.

JJ E.

They did a phenomenal job from the first call until the end. Christian Tovar was amazing in handling my case and was great with constant communication. Never use one of those big box firms that advertise all the time. Webster Vicknair MacLeod is made up of people you can trust to represent you an...

Sam T.

Google doesn’t have enough stars for Webster Vicknair MacLeod. They did an Awesome job fighting for me, communicating with me, listening to me, and working on my behalf. They always made me a priority. So many thanks to Joel and Webster Vicknair MacLeod. You are appreciated

Brittney T.

Very great experience would recommend them to anyone!

Rocio E.

I highly recommend them to anyone who’s been in an accident. Christian Tovar handled my case. He was very helpful, great at communicating, and always kept me updated with my case. Got me a good settlement overall very pleased.

Johnnie B.

Thank you Webster Vicknair MacLeod for making my experience with your law firm such a great experience. I lost my voice due to cancer and it's so hard to communicate. I have not had one problem with this at your law firm and yall are so good at communicating with me and keeping me informed of my ...

Carol G.

I joined the class action lawsuit against the developer who clear-cut land behind the Kingwood community of Elm Grove, causing 2 terrible flood events for half the owners of this neighborhood. My property was among the victims. I never thought we would win. Through the excellent efforts of attorn...

Heather S.

Webster Vicknair MacLeod was victorious in settling a large case with several hundred plaintiffs. I can’t imagine what an undertaking this had to have been. I’m truly grateful for the results. Although nothing can take away from the experience that my family went through, thanks to th...

Lin Z.

I had a dog bit case. Mr. Christian Tovar represented me. He was a very accountable attorney, who provided me with the best customer service. He always kept me informed of the case status and answered any of the questions that I had. I am very satisfied with the final settlement. I highly recomme...

Larissa P.

I would highly recommend Webster Vicknair MacLeod to anyone. They exceed our expatiations and we can't thank Omar, Jason, and staff enough.

James

I recently talked to one of your representatives at your firm about my case. He was very respectful, courteous, and cordial about everything, as well as very informative. I really appreciate being treated like I matter by your Law Firm.  I will never go anywhere else again for legal represen...

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