Texas has a workers' compensation scheme. When an employee gets injured while performing duties for an employer, any injuries and resulting wage losses may be covered by workers' compensation. This compensation applies to any employer who is enrolled in the Texas workers' compensation insurance. With few exceptions, an employee will be able to seek remedy for lost wages and medical expenses. An attorney dedicated to workers' compensation claims can help an employee navigate these types of claims.
The catch with the workers' compensation scheme is that an employee may only seek damages for actual losses. Typically, this is limited to lost wages and medical expenses. In most cases that arise from a personal injury case, the following can also be compensated for: general damages for pain & suffering, mental anguish, etc. The Texas Workers' Compensation scheme eliminates this type of recovery when the claim is against your employer.
There are two main exceptions to keep in mind when you suffer an injury on the job. If your injury is the result of an accident caused by another party who is not the employer or a co-worker, then you may be able to seek recovery from that other company. For instance, say a delivery person injures you while delivering supplies to your workplace. In this instance, you may be able to seek damages from that delivery company. In this scenario, you would not be claiming damages from your employer. Instead, you would be seeking to recover from the other company. With an incident such as this occurring in your workplace you or your employer may still file a worker’s compensation. This will help with the immediate need for medical assistance and lost wages. However, you will not be limited to only those types of losses and may seek to recover general damages from the company responsible.
Along with the previously mentioned exceptions, another main exception arises when an employer is not enrolled with Texas Compensation Coverage. Many employers enroll with workers' compensation insurance, as the legal protections benefit them greatly. However, not all employers are enrolled, resulting in them being vulnerable to litigation. If you are injured while working and your employer does not have Texas Compensation Coverage, you may seek damages from your employer without limitations from the Texas Workers' Compensation scheme. Many employers carry insurance coverage from a private agency. This coverage may provide you with similar advantages when it comes to healthcare and lost wages. However, this type of coverage does not shield an employee from seeking general damages.
The circumstances of any injury and how they arose are not always clear. It is in your interest to seek legal advice to help you navigate these kinds of circumstances. An experienced attorney will guide and help you get the best results possible.
This advice should not be construed as legal advice on any subject matter. You should not act or refrain from acting based on any content included in this without seeking legal or other professional advice.