At Texas Personal Injury Experts, PLLC, we understand the critical importance of safeguarding the rights and well-being of workers who have been injured on the job. With over 30 years of dedicated experience handling personal injury suits, our firm has a proven track record of providing elite representation, making us Texas’s premier litigation firm. Although, navigating the aftermath of a workplace injury may be confusing, understanding your legal rights and hiring the right attorney for your case is crucial.
It is important to understand that you could have a personal injury claim separate and distinct from any workers’ compensation claim you may have. You may have a workers’ compensation claim AND a personal injury claim. The two claims are not mutually exclusive, and often arise together.
Understanding the difference between Worker’s Compensation Claims and Workplace Injury Claims:
A workers’ compensation claim is about providing immediate, no-fault benefits, limiting your ability to sue your employer. A personal injury claim focuses on fault and allows for a broader compensation range but requires proving negligence or wrongdoing by someone else.
Worker’s Compensation Claim:
The Texas Workers’ Compensation Act shields employers from liability for work-related injuries sustained by their employees. See Tex. Lab. Code ch. 408. Think of a worker’s compensation claim as a safety net provided by your employer. It’s generally like an insurance program that kicks in if you get hurt on the job, no matter whose fault it is. If you’re covered, you may be able to receive benefits like medical care for your injuries and a portion of your wages while you’re unable to work. The key thing to remember here is that if you’re covered under worker’s compensation, you generally can’t sue your employer for your injuries. It’s a trade-off: you get quicker, guaranteed benefits but give up the right to sue for your personal injuries.
An exception exists, however, when an employee is injured or killed by the employer’s intentional act or omission. In that situation, the Workers Compensation Act does not bar a suit for damages based on the intentional act or omission.
Personal Injury Claim:
On the other hand, a personal injury claim is separate from a worker’s compensation claim. Personal injury claims aren’t just limited to just workplace injuries; personal injury claims arise in all sorts of situations like car accidents, explosions, and more. A personal injury claim is a demand for compensation for injuries caused by another. If someone else’s negligence or intentional act caused your injury—whether, for example, it’s another employee, a contractor, or a third party—you can file a personal injury lawsuit against them.
Here’s the kicker as it relates to worker’s compensation:
If your employer does not subscribe to worker’s compensation insurance, you may have the option to file a personal injury lawsuit against your employer if they are at fault for your injury. This route can potentially offer you a broader spectrum of compensation but requires proving that your employer’s negligence led to your injury.
If you or a loved one has been injured at work, don’t face this battle alone. Reach out to Texas Personal Injury Experts, PLLC for a free, no-obligation consultation and let us be your advocates and guides during this difficult time.
