If you suffered a severe fracture in a Texas vehicle accident or workplace accident, you may be wondering: Who is responsible, and can I recover compensation? The answer depends heavily on how the accident happened and who caused it.
A broken bone can be far more serious than a cast for a few weeks. Some fractures require surgery, hardware, rehabilitation, multiple follow-up appointments, or months away from work. In particularly serious cases, a fracture can cause permanent limitations, chronic pain, reduced mobility, or other long-term complications.
What Makes a Fracture “Severe”?
Not all fractures are the same. A relatively simple fracture may heal with immobilization, while a more complicated fracture may require extensive treatment.
Examples of serious fractures include:
- Compound or open fractures
- Multiple fractures
- Fractures requiring surgery
- Fractures involving a joint
- Spinal fractures
- Pelvic fractures
- Multiple broken ribs
- Fractures resulting in permanent loss of mobility
- Fractures requiring plates, screws, rods, or other hardware
The long-term effects can also matter. A fracture that initially appears treatable may leave a person with ongoing pain, reduced range of motion, weakness, or difficulty performing physical work.
Fractures After a Texas Car or Truck Accident
If another driver caused your accident, you may have a personal injury claim against the responsible party.
For example, suppose a driver runs a red light and crashes into your vehicle. You suffer a fractured leg that requires surgery, physical therapy, and several months away from work.
A personal injury claim could potentially involve damages associated with:
- Medical treatment
- Rehabilitation
- Lost income
- Reduced future earning capacity
- Physical pain
- Mental anguish
- Physical impairment
- Disfigurement
The specific damages available depend on the facts and evidence in the individual case.
Texas also follows a proportionate responsibility system. Under Texas Civil Practice and Remedies Code Chapter 33, a claimant who is more than 50 percent responsible for the harm generally cannot recover damages, and an award can be reduced according to the claimant’s percentage of responsibility.
What About a Workplace Fracture?
Workplace injuries are different because Texas has a workers’ compensation system that can apply to employees whose employers carry workers’ compensation insurance.
The Texas Department of Insurance explains that workers’ compensation can provide medical benefits and replace some lost wages for qualifying work-related injuries.
However, an important distinction exists between workers’ compensation benefits and a personal injury lawsuit.
Texas private employers generally are not required to carry workers’ compensation insurance, although many do. Employers that provide coverage receive significant legal protections from lawsuits by injured employees. Employers that don’t carry workers’ compensation may face different rules.
That means you shouldn’t assume every workplace fracture automatically leads to the same type of legal claim.
What If Someone Else Caused Your Workplace Accident?
A workplace injury may involve a third party. Imagine that you are working at a construction site and another company’s employee operates equipment negligently, causing a serious accident that fractures your leg. Depending on the circumstances, you may have both:
- A workers’ compensation claim, and
- A potential third-party personal injury claim.
Texas Labor Code Section 417.001 specifically permits an injured employee to seek damages from a liable third party while also pursuing workers’ compensation benefits. However, the workers’ compensation carrier may have a subrogation interest in the third-party recovery.
Which Evidence Can Help Establish Your Claim?
After a serious fracture, documentation can be extremely important.
Consider preserving:
- Accident reports
- Photographs and videos
- Witness information
- Medical records
- Imaging reports and X-rays
- Surgical records
- Physical therapy records
- Prescription records
- Pay records showing lost income
- Information about work restrictions
- Documentation of permanent limitations
It is also important to seek medical treatment promptly and get a personal injury lawyer to help with your case. For many Texas personal injury claims, Texas Civil Practice and Remedies Code Section 16.003 generally provides a two-year limitations period to file a lawsuit. Different rules can apply depending on the defendant and type of claim.
Frequently Asked Questions
Can I sue if I broke a bone in a workplace accident?
Possibly. If your employer carries workers’ compensation insurance, the workers’ compensation system generally provides the primary remedy against the employer. However, you may have a third-party claim if another person or company caused or contributed to the accident. Texas law also has different rules for employers that do not carry workers’ compensation insurance.
How much compensation can I receive for a severe fracture?
No single amount applies to every fracture case. A claim’s value can depend on many factors such as medical expenses, future medical needs, lost income, permanency of your impairment, pain, and how the injury affects your ability to perform everyday activities or work. Liability and comparative responsibility can also affect recovery.
We’re First to Fight for Texas Injury Victims
Have you suffered a severe fracture in a workplace or vehicle accident? It’s time to seek legal representation so you can pursue damages. At Allen & Nunnally, we work tirelessly to achieve the best possible outcomes for our clients’ cases. Injured Texans trust us to fight for the compensation they deserve because we have a steadfast commitment to client service that you can depend on. To schedule a consultation with one of our Houston-based attorneys, call (713) 955-2217, use our convenient Contact Form, or email us at info@allen-nunnally.com.