Should I File a Workers Comp or Personal Injury Claim in Texas?
Have you been injured in a workplace accident in Texas? If so, you might be confused about whether to file a workers’ comp or personal injury claim. A personal injury claim provides more compensation than a workers’ compensation claim, but it’s not always an option.
Nonetheless, depending on the facts of your case, you might be able to file both a workers’ comp claim and a personal injury claim for a workplace accident. The best way to know is to ask a Bedford workplace accident lawyer.
Filing a Bedford Workers’ Compensation Claim
Most employees in Texas are covered by workers’ compensation insurance. Your employer pays for the insurance to provide benefits if you are injured on the job. However, Texas is unique in that employers are generally not required to carry workers’ comp insurance by law.
Workers’ comp is no-fault insurance. You do not need to prove that your employer was negligent to receive benefits. You could receive benefits even if you contributed to your injury, except for being intoxicated or causing intentional injuries.
Injured workers can receive medical treatment at no cost to them. If your claim is in a healthcare network, you must see a doctor in the network to receive medical benefits. If you are not covered by a network, you can choose a doctor for treatment.
You could also receive income benefits if you cannot work because of your injuries. Temporary income benefits equal 70% of the difference between the amount you can earn after your injury and your average weekly wages before the accident. The amounts are subject to minimum and maximum caps.
Workers’ comp also pays impairment income benefits, supplemental income benefits, and lifetime income benefits. The type and amount of the benefit depend on your injury and wages before the accident.
Filing a Bedford Personal Injury Claim for a Workplace Accident
Workers’ compensation provides benefits for injured workers without requiring them to prove fault. The tradeoff is that the worker cannot sue their employer for damages in most cases. If your employer doesn’t have workers’ comp insurance, however, you may have the option to file a lawsuit against it.
You might also have a third-party personal injury claim against someone who caused their injury. A third party is someone who is not involved in your workers’ compensation.
Personal injury claims can offer significantly more compensation than a workers’ compensation claim. The victim is entitled to all of their lost wages. They are also entitled to out-of-pocket expenses and other financial losses.
A personal injury claim also provides compensation for pain and suffering. Non-economic damages are not permitted in workers’ comp cases. In a personal injury case, non-economic damages can be a significant portion of the total settlement amount.
Another difference between workers’ comp and personal injury claims is the requirement to prove fault. You must prove the other party owed you a duty of care and breached the duty of care. Their actions directly caused your injury, resulting in damages.
Filing a workers’ comp claim does not prevent you from filing a personal injury claim and vice versa. However, there could be advantages in the timing or order of your claims. A Fort Worth workers’ compensation lawyer devises a strategy that gives you the best chance of receiving maximum compensation for a workplace injury.
Examples of Personal Injury Claims for Workplace Accidents and Injuries
Not all workplace accidents will result in a personal injury claim. However, examples of situations that could lead to a personal injury lawsuit include:
- A worker is injured by a defective product. The worker might have a product liability claim against the product’s manufacturer.
- A motorist hits a worker while they are making company deliveries. The motorist could be liable for a car accident claim.
- The employer or another party intentionally tried to harm the worker. In this situation, the worker might have grounds to sue the employer for intentional torts.
- The employer does not have the required workers’ compensation insurance coverage.
- A dangerous condition on the property caused the worker to be injured. The property owner could be liable under premises liability laws.
Determining if you have grounds for a personal injury case requires extensive knowledge of Texas workers’ comp laws and personal injury laws. Talking with a Bedford personal injury lawyer will give you the answers you need.
What Should I Do After a Workplace Accident in Bedford, TX?
Report the accident to your employer or an authorized company representative. If you require emergency medical treatment, go to the nearest emergency room. Otherwise, ask your employer if you are covered by a network or if you can choose your own doctor.
Seek prompt medical treatment for your injuries. Contact a Bedford workplace accident lawyer for advice as soon as possible. You can use the free consultation to determine what you should do to recover all the money available for a work injury.
Contact the Workers’ Compensation Law Firm of Parker Law Firm Injury Lawyers in Bedford for Help Today
For more information, please contact an experienced workers’ compensation lawyer at Parker Law Firm Injury Lawyers to schedule a free initial consultation today. We have convenient locations in Bedford and Fort Worth, Texas.
Parker Law Firm Injury Lawyers – Bedford
2317 Plaza Pkwy #100,
Bedford, TX 76021
(817) 503-9200
Parker Law Firm Injury Lawyers – Fort Worth
209 N Hampton St,
Fort Worth, TX 76102
(817) 839-3143
