Texas Injury Lawyers Blog
When a Texas employee is injured on the job, they may be able to obtain Texas workers’ compensation benefits until they are able to return to work. However, a workers’ compensation claimant is limited in the amount they can recover for their injuries. Typically, an injured worker can only recover for their medical expenses and lost wages.
A Texas personal injury claim, on the other hand, allows for an injured employee to recover more fully for their injuries, including for their pain and suffering. However, under the Texas Workers’ Compensation Act, when a workers’ compensation claim is appropriate, it is usually the employee’s sole remedy against their employer. This means that an injured employee may be prevented from pursuing a personal injury case against their employer.
There are several instances in which an injured employee may be able to pursue a Texas personal injury case against one or more parties. For example, if a third party causes an employee’s injuries, the employee may be able to pursue a Texas third-party claim against that person or organization. Third-party claims do not implicate Texas workers’ compensation laws because the named defendant is not the injured worker’s employer.
When it comes to naming an employer in a Texas personal injury lawsuit, an employee can do so only when the employer is not protected by the state’s workers’ compensation laws. The Texas Workers’ Compensation Act requires employers to obtain workers’ compensation insurance to obtain the Act’s protections. If an employer decides not to obtain workers’ compensation insurance, they are said to be a “non-subscribing employer.” Similarly, the state’s Workers’ Compensation Act requires that employers comply with the procedural requirements of the Act, such as promptly reporting the incident. An employer’s failure to do so may remove it from the Act’s protections.
If an employee is injured on the job and their employer is not covered by the Texas workers’ compensation system, then the employee can pursue a claim against the employer as they would against any other party. It is important to keep in mind that there may be other issues that come up, even if an employer does not subscribe. For example, some employers include language in an employment contract that limits an employee’s ability to sue the employer. These clauses are not always valid, and should be reviewed by a dedicated Texas personal injury attorney.
Have You Been Injured in a Texas Workplace Accident?
If you or someone you love has recently been injured in a Texas workplace accident, you may be entitled to financial compensation. Depending on the nature of the accident that caused your injuries, you may be able to pursue a Texas personal injury case. The dedicated Texas personal injury and workers’ compensation attorneys at the San Antonio law firm of Carabin Shaw have extensive experience handling Texas workplace injury cases. We can help you determine what type of claim is most appropriate for your situation and how to maximize your recovery against all negligent parties. To learn more, call 800-862-1260 to schedule a free consultation today.