Workplace injuries for Texas workers are roughly 2.1 per 100 workers, lower than the national average of 2.7 per 100. That rate doesn’t tell the story about how a worker is out of work until they recover and can return to work. Nor does it tell the story of a worker who becomes disabled and is no longer able to work.
A person injured on the job needs immediate medical attention. Once they have been treated and are beginning their recovery, the question becomes how to pay for everything. Much will depend on their employer, their status as a worker, and what kind of scenario exists.
Workers’ Compensation
This is an insurance policy that companies carry to help workers after a workplace accident. The insurance covers injuries and part of your wages for the duration of your recovery.
If you are covered by Workers’ Compensation, there is no need to prove that your employer was at fault for your injuries. As long as the accident was on the job, and not due to misconduct, you are generally covered.
By accepting Workers’ Compensation, you relinquish the right to file a lawsuit against your employer, except under certain circumstances, such as the employer’s negligence.
What If There Is No Workers’ Comp?
Texas does not require employers to carry workers’ compensation insurance. This scenario frequently happens in the construction industry where subcontractors hire independent contractors who are not employees.
Some companies have a Non-Subscriber status, in which they have insurance to cover employee injuries, but it’s not Workers’ Compensation. It may not cover all medical expenses or any wages. Because they do not have Texas Workers’ Compensation, the worker can sue the employer for compensation for their injuries.
Still, other companies just do not have Worker’s Compensation coverage, leaving workers without any help. In this case, the injured worker may have a case for a personal injury claim against the employer, particularly in an unsafe workplace scenario.
Third-Party Claims
Even if an employer has Workers’ Compensation, there may be instances where it is not applicable or other circumstances involved.
Unfortunately, Workers’ Compensation may not be enough to cover everything. Serious injuries with a long-term recovery may need more than Workers’ Compensation covers. But if the injuries were caused by someone besides the employer, a third-party claim may be available to help with additional compensation.
Contractors, subcontractors, independent contractors, and other non-employees responsible for an accident can also be held responsible for a person’s workplace injuries. Manufacturers of defective tools and heavy equipment may also be held responsible for workplace injuries. You can bring a claim for product liability against that company.
A third-party claim for damages will not affect your Workers’ Compensation claim. Speak with a Houston workplace injury attorney to understand your rights.
Injured On The Job? Contact Paxton Law Today
You have the right to file a claim for Worker’s Compensation. Additionally, you also have the right to speak with an attorney.
If you or a loved one was injured at work or on a work site, you could be entitled to compensation for your injuries. A Texas worker’s compensation lawyer can help you understand your rights and discover who may be liable for your losses and injuries. Contact the worker’s compensation attorneys at The Paxton Law Firm today at 281-978-2244 or use our online contact form to schedule your free consultation with our legal team. Let us help you handle your legal case so you can move forward after an accident.
