Can I File a Personal Injury Claim for a Work Accident?
You spend a lot of your time at work, so it’s no surprise that you could be injured there. Workplace injuries are very common, and your employer should have a workers compensation policy that covers any on-the-job injuries.
But some employers don’t have adequate insurance or any workers compensation insurance at all, and if that’s the case with your employer, you can file a personal injury claim to recover damages for your accident. Speak with a Texas personal injury lawyer from our office to discuss your case and options.
Workers Compensation vs. Personal Injury Claims in Texas
Workers compensation is a type of insurance many employers will obtain in order to provide their employees with benefits if they’ve been injured at work. In many states, employers are required by law to purchase workers compensation insurance. Not so in Texas.
If your employer does have workers comp insurance, you can file a claim to recover benefits for your accident. Benefits will often include the following:
- Lost wages
- Medical expenses
- Cost of household services
- Death benefits
If your employer does not have workers comp insurance or doesn’t have adequate coverage, you may be able to file a personal injury claim in order to recover your damages.
Unlike workers comp policies, when you file a personal injury claim, you can be compensated for non-economic damages like emotional trauma, pain and suffering, and reduced quality of life.
When Can You File a Personal Injury Claim?
The following circumstances would make you eligible to file a personal injury claim outside the workers comp system for a workplace injury in Texas:
- Your employer does not have work comp insurance.
- You were injured by a defective or malfunctioning product.
- A toxic substance poisoned you.
- Your employer intentionally put you in harm’s way.
- Someone other than your employer caused your injuries.
Hire a Texas Personal Injury Attorney
Whether you intend to file a workers compensation claim or a personal injury claim for your on-the-job injury, speak with an attorney first. Your attorney can review the workers compensation policy to help ensure you’ll receive adequate coverage. If not, we can help you file a personal injury claim if the circumstances are right.
Contact your Texas personal injury lawyer from Denena Points, PC to arrange a free consultation. Fill out the form below or call 713-807-9500.