Texas state law does not require employers to carry workers’ compensation insurance. Therefore, unlike other states where employees typically have the right to file workers’ compensation claims after injuries at work, this may not be the case for some injured workers in Houston, TX. However, if you cannot file a workers’ compensation claim after an injury at work in Texas, this does not mean you have no right to seek recovery from your damages. Similarly, even if you have grounds to seek workers’ compensation benefits, these benefits may not fully cover your losses, and you could have grounds for further legal action.
Stevenson & Murray has a team of Houston workplace injury attorneys who can provide the counsel and guidance you need after an injury at work. Our team has successfully helped many past clients with their personal injury claims and workers’ compensation claims. We are ready to put this experience at your disposal for your workplace injury claim in Houston, TX.
If your recent injury occurred at work, you likely have more legal options than you realize, and you need a reliable attorney to help you make sense of these options. If you were to attempt to handle a workplace injury claim on your own, even a seemingly straightforward one, you would face several variables you may not know how to address without an attorney. You could make procedural mistakes in filing your case that significantly delay your case proceedings. You could succeed with your claim but fail to account for specific avenues of compensation, ultimately securing far less of a recovery than you legally deserve.
Hiring an experienced Houston workplace injury attorney to represent you is an investment in the quality of your recovery. A seasoned lawyer can help you determine whether a workers’ compensation claim, a personal injury claim, or both would be most appropriate for securing the compensation you deserve after a workplace injury. In addition, the team at Stevenson & Murray will work with you to assess the full scope of your damages, guide you through the workers’ compensation claim process if possible, and help you build a civil case against the party responsible for your injury if necessary.
Workers’ compensation works like most other types of insurance coverage. An employer pays a premium rate based on their perceived risk level, and the insurer agrees to provide benefits for covered events. When an employee sustains an injury at work and their employer has workers’ compensation insurance coverage, they must notify the employer immediately after an injury occurs. In addition, the employer should provide the employee with the materials necessary for filing a claim for workers’ compensation benefits. If you file a workers’ compensation claim, you will likely lose your right to file a personal injury claim against your employer.
Most workers’ compensation insurance carriers require claimants to visit approved physicians for medical examinations. An injured worker can see any doctor in an emergency, but they must visit approved workers’ compensation doctors once they can do so safely to secure a disability rating for their injury. This rating dictates how many benefits they can receive and how long they will continue receiving them. Workers’ compensation generally offers full coverage for any medical treatment the claimant requires and disability benefits that fluctuate based on the severity of the claimant’s injury and how long they must remain home from work.
If you cannot file a workers’ compensation claim for a workplace injury, or if your workplace injury occurred due to the actions of a third party outside of your workplace, you would likely have grounds to pursue a personal injury claim against the party responsible for your injury. You would need to identify the defendant, prove the full scope of your damages, and prove those damages directly resulted from the defendant’s actions.
You may have grounds for a personal injury claim against your employer if they do not have workers’ compensation insurance and directly or indirectly caused your injury. For example, if you have notified your employer previously about a potential safety issue and they have disregarded your warnings, you would likely have grounds for a civil claim if this safety issue ultimately caused the injury. If you are unsure whether you have grounds for a personal injury claim after a workplace injury, it’s essential to speak to a Houston workplace injury lawyer as soon as possible.
When workers’ compensation is your only option for recovery following a workplace injury, you can reasonably expect compensation for your medical expenses and temporary disability benefits that provide a portion of your regular income until you can safely return to work. However, when you file a personal injury claim, you have many more compensation options available to you. You could potentially secure compensation for all your medical expenses and lost income,and lost future earning capacity beyond what workers’ compensation could offer. You would also have the right to seek pain and suffering compensation under Texas state law.
Some workplaces are inherently dangerous for assorted reasons, and a workplace accident can easily result in devastating injuries that can require extensive recovery time. It’s common for victims of workplace accidents to undervalue their claims at first, not realizing the full scope of compensation available to them until they secure legal counsel.
When you choose Stevenson & Murray to represent you in a workplace accident case, we will carefully review the details of how your accident occurred, help you determine who is responsible, and assist you in calculating your damages. Our team has substantial experience handling complex workplace injury claims, including those pertaining to injuries sustained while working offshore. We take time to thoroughly investigate the details of every client’s situation to ensure we provide the comprehensive legal representation they need after these damaging incidents.
If you are struggling in the aftermath of a workplace injury and have no idea where to turn for the compensation you need to recover, we can help. Contact Stevenson & Murray today and schedule your case review with an experienced and compassionate Houston workplace injury lawyer.
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