As an employee or worker in the state of Texas, you have some legal protections designed to ensure you can recover after a work injury. It’s very important to talk with a Texas workplace injury lawyer, however, since these claims can be complicated and there are deadlines which, if you don’t meet, may mean that you lose out on what you were owed.
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Worker’s Comp
Many employers in the state of Texas have workers compensation. Workers compensation is a no-fault type of insurance that allows employees to be given benefits, no matter who was at fault for the accident. Even if you were 100% responsible for the accident personally, you would still be able to collect reimbursement for your medical bills, approximately 80% of your regular wages during the time that you are unable to work, and many more benefits depending on the precise nature of the accident and your injuries.
However, worker’s compensation does not provide any reimbursement for what’s known as “non-economic damages,” which are things that can’t be quantified with receipts and bills and which are commonly known by terms like “pain and suffering.” Also, if you either collect workers’ compensation benefits or are eligible to collect them, you are not allowed to bring a lawsuit except under a few very limited circumstances.
Bringing a Lawsuit
Against a Non-Subscriber Employer
If your employer is what is known as a “non-subscriber,” that means they have chosen not to get workers’ compensation. Texas does not require most employers to have workers’ comp, so this is not uncommon. If your employer does not have workers’ comp, then they are liable for your damages personally if they are responsible for the accident. Thus you would be able to bring a lawsuit with the help of a lawyer, and should check out this site if you are considering doing so.
Against a Third Party
If a third party that was not your employer or anyone employed by them actually caused the accident, you could bring a lawsuit against them even if you are collecting workers’ comp. For example, if a robber attempting to steal from a cash register injures an employee, that employee could collect workers’ compensation from their employer but also bring a civil action against the robber. In other cases, it might be an independent contractor who is to blame or a defective product.
For Gross Negligence
In some very rare instances, it may still be possible to sue an employer even if they have workers compensation, if that employer can be shown to have been exceptionally and grossly negligent. Talk to your lawyer about whether this might be applicable in your case.
Injured workers in Texas have the right to collect benefits from employers who have workers’ comp or to bring a lawsuit against employers or third parties who caused them in injury. Talk to a lawyer to find out more.
