Getting hurt at work can be complicated. Although most states require employers to participate in the Workers’ Compensation program, this is not the case in Texas. How you get compensated after a job-related injury depends on whether your employer subscribes to the program.
Consult a Premont workplace accident lawyer if you get hurt on the job. They can determine whether your employer subscribes to Workers’ Compensation and help you obtain your benefits under that program. If your employer is not a subscriber and your injury happened because of employer negligence, they can help you sue the employer to get the compensation you deserve. A local injury attorney could also determine whether a third party might have some responsibility for your injuries.
Employer Liability in Workplace Accidents
When an employer subscribes to Workers’ Compensation, they are immune to lawsuits by an injured employee in most cases. In return, the worker gets free medical care for job-related injuries and a partial wage for as long as the injury prevents them from working. If the injury does not heal completely and the worker cannot return to their job, the program also provides permanent disability payments.
When an employer does not subscribe to Workers’ Compensation, the employer is vulnerable to a lawsuit if its negligence contributed to an employee’s injury. Texas Labor Code § 406.033 makes the employer liable even if they are only one percent responsible for the situation that caused the injury.
It is critical to consult a Premont accident attorney as soon as possible after a workplace accident. A legal professional could investigate the accident and find evidence of employer negligence to prove a worker is entitled to compensation. The longer a worker waits to engage legal help, the more likely evidence will disappear or be destroyed.
Bringing a Lawsuit Against a Responsible Third Party
When a third party is wholly or partially responsible for a workplace accident, it does not matter whether an employer subscribes to Workers’ Compensation. An injured worker can seek compensation by bringing a lawsuit against a negligent third party.
A third party is anyone other than the employee, a co-worker of the same employer, or the employer. Depending on the circumstances, an injured worker could bring a third-party claim against any party who might have contributed to the injury, including:
- An at-fault driver, if a car accident caused the injury
- Manufacturer of a faulty machine, piece of equipment, or other item
- Independent contractor whose conduct led to the accident
- Property owner, if the employer does not own the property where the accident occurred
Identifying potentially responsible third parties in workplace accident cases requires the expertise of a skilled Premont attorney.
Compensation Available After a Workplace Accident
The money an injured person seeks in a lawsuit or injury claim is called their damages. A Premont attorney could explain the damages an injured worker could claim in a specific case and help them document their losses to prove they are entitled to receive compensation.
The damages available depend on whether the employee received Workers’ Compensation benefits. If so, they could demand a third party pay the portion of their wages Workers’ Compensation did not cover, any reasonable and necessary medical services Workers’ Compensation did not provide, plus money for their pain and suffering.
When a worker without Workers’ Compensation benefits sues a third party or a non-subscribing employer, they can seek all their medical costs and associated expenses, lost wages, and the value of any sick days and vacation time they used while recovering. Money for future medical care and diminished earning capacity could be available. The worker could also claim damages for pain and suffering, scarring, disability, emotional trauma, inconvenience, lost enjoyment of life, and physical pain.
Contact a Premont Attorney After a Workplace Accident
When you get hurt at work, you deserve compensation. However, workplace accidents raise several complicated legal issues.
If you were injured on the job, it is important to find out where you stand and learn about your legal options as quickly as possible. Contact a Premont workplace accident lawyer today to discuss your situation.
