After suffering an injury in the workplace, you have two pathways to compensation available to you. You can file a workers’ compensation claim or you can file a personal injury lawsuit against the party responsible for your accident.
Filing a Workers’ Compensation Claim
Workers’ compensation is a type of insurance that provides compensation for work-related injuries, regardless of fault or potential negligence. Filing a workers’ comp claim allows you to collect medical benefits for your workplace injuries, income replacement, and vocational rehabilitation if you cannot return to work. To receive these benefits, you will need to provide notice of your injury within 30 days of the accident and file your claim with the Texas Division of Workers’ Compensation within one year.
Filing a Personal Injury Lawsuit
A personal injury lawsuit, on the other hand, is a complaint filed in Texas civil court that alleges someone else’s negligence is responsible for your injuries. You can collect funds for more types of damages in a lawsuit than a workers’ comp claim, including medical bills, lost wages, punitive damages, and psychological trauma. However, you will need to prove that the defendant’s negligent actions are directly responsible for workplace injuries to receive a settlement.
You may file a lawsuit against your company if you believe the entity’s actions caused your injuries. You can also file a claim against a responsible third-party, such as a subcontractor, the manufacturer of a defective machine, or a motorist. Filing a workers’ compensation claim waives your right to file a lawsuit against your employer, but you can still file a claim against a negligent third party. Speak to an attorney at AK Law Firm to determine which process is right for your case.
Having workers’ compensation coverage does not guarantee that your claim will be successful. You will need to prove to the Division of Workers’ Compensation that you suffered an injury at work while performing your work-related duties, which the Division may scrutinize. In fact, many injured Texas residents file claims for their work-related injuries only to receive a rejection.
There are many reasons why the Division may deny a claim, including the following.
- You did not file your claim or notice on time.
- The Division believes you may be responsible for your work accident.
- Your injury did not occur at work.
- You did not visit a medical provider approved by your employer.
- You never received medical treatment.
- There is insufficient evidence to prove your claim.
If your initial claim is unsuccessful, you still have options to collect compensation after a work injury. You can file an appeal with the Division, or you can progress to a lawsuit. The action you take will depend on the circumstances surrounding your workplace injuries and the potential defendants involved. Speak with a workers’ compensation attorney in Houston, Texas before proceeding with your claim.
Generally, a worker cannot sue their employer for a work-related injury. Texas state workers’ compensation acts as a sort of trade-off to suing an employer. Employers must pay for most employee injuries regardless of fault, and in return, they are immune from most personal injury lawsuits.
However, there are exceptions where injured workers can sue their employers. These situations are:
- The employer intentionally harmed the worker
- The employer was grossly negligent
- The employer denied the workers’ compensation claim in bad faith
- The employer manufactured the product that injured the worker
- The worker’s injury resulted from an accident involving a contractor or subcontractor with whom the employer has a business relationship
- The worker is an independent contractor
An injured worker may pursue a third-party personal injury claim against a contractor, subcontractor, property owner, or any other person or company that was at fault for their workplace accident. None of these parties are immune from a lawsuit.
It is best to speak with a Houston work injury lawyer to learn more about employer exceptions and third-party personal injury lawsuits and their applicability to any work injury claim.
In a personal injury lawsuit, you can collect compensation for any losses related to your injury, even if the work accident happened in the workplace. These damages can be economic or non-economic; economic damages refer to tangible financial harm, while non-economic damages involve the physical pain and emotional trauma you endured.
Common types of damages in Texas personal injury lawsuits include the following.
- Doctor’s visits and hospitalizations
- Prescription medications
- Disability accommodations and long-term care
- All future medical expenses
- Physical therapy sessions
- Lost wages and loss of future earnings
- Property damage
- Emotional distress
- Post-traumatic stress disorder
- Depression and anxiety
- Chronic pain
- Loss of enjoyment of life
- Funeral and burial expenses, if filing a wrongful death claim
If you need an attorney for a workers’ compensation case in Houston, call AK Law Firm to schedule a free consultation. It is essential to file a workers’ compensation claim right away and discuss whether there are any other potentially liable parties for your work injury.
If you are not receiving enough benefits from the compensation package provided by your employer, contact a Houston work injury lawyer for an evaluation. We have years of injury law experience to help you recover the maximum compensation you deserve. You may deserve a much larger compensation claim than currently offered by the workers’ compensation insurance company.
