The Texas City work accident attorneys at Denena & Points explain some of your rights and limitations under Texas workers’ comp laws. Texas workers’ compensation statutes eliminate a worker’s right to sue an employer after being injured at work if that employer subscribes to Texas workers’ compensation insurance coverage. But workers’ comp helps you in other ways.
Texas workers’ compensation insurance is basically a “no fault” system. This means that if your were injured while employed by an employer that subscribes to Texas workers’ comp, then you are almost guaranteed to receive some compensation for your injuries.
There are some exceptions to this near-guarantee. If you were intoxicated at the time of the accident, if you were engaging in willful misconduct that caused the accident, or if you were working as an independent contractor at the time of your injury you are not covered by Texas workers’ comp provisions and you can’t collect financial compensation for your accident.
When a work accident has injured you and your employer subscribes to Texas workers’ comp coverage, workers’ comp will pay for the following costs of your injury:
But workers’ comp does not pay for more subjective losses like your pain and suffering or emotional trauma from the accident. The amounts Texas workers’ comp insurance will pay you all have capped, fixed maximums, and lost wages payments cover only a percentage of your actual wage. So some of your wages are indeed “lost” because of the accident.
Your workers’ comp payments rarely cover your actual losses from a work-related injury. In addition, employers and workers’ comp insurers will often contest your claim to find ways to reduce payment amounts or even to deny your claim altogether.
It is important to have a skillful Texas City work injury attorney to investigate your accident. Your attorney could help you determine if there were other parties were at fault in causing your accident and injuries. If third parties other than your employer have contributed to causing the accident, you might be able to sue them directly in civil court for compensation for the harm they have caused you. No fixed maximums govern civil court compensation awards, so the financial relief you receive from liable third parties could help make up the shortfall for your losses from the limited Texas workers’ comp payment amounts. Contact us today for a free consultation to learn about your options for making a full financial recovery for your injuries.
Every year, hundred of injured workers are wrongly denied workers’ compensation. Many others have their claims contested and their benefits drastically reduced by obdurate employers. Further numbers don’t know about their rights to seek compensation from liable third parties, and so they go without the compensation they need to survive financially after a serious workplace accident. Don’t let this happen to you. Don’t let anyone talk you out of getting the experienced legal help you need to protect your rights. A knowledgeable Abilene work accident attorney will ensure that you receive all of the compensation to which you are justly entitled by the extent of your losses from the accident.