As a worker in Texas who is injured on the job, can you sue your employer and seek damages? This is a question that we often come across from workers who want to know whether their options are limited to workers’ compensation or if they can file a claim against their employer with the help of an Austin personal injury attorney. In this article, we have tried to answer this question in a clear manner.
Workplace Injury in Texas: What Are Your Options?
Under Texas law, your right to sue your employer mostly depends on whether or not your employer has a workers’ compensation system in place. Unlike most other states, it is not mandatory for private employers in Texas to have a workers’ compensation system in place. They can choose to have – or not have – a workers’ compensation program in place.
If your employer offers workers’ compensation, you can file a work injury claim and receive the benefits, which include:
- Income benefits or wage loss benefits
- Medical benefits
- Vocational rehabilitation benefits
In this scenario, you cannot file a personal injury claim and demand compensation for your injuries. There are, however, a few exceptional circumstances under which you can sue for damages with the help of an Austin workplace injury attorney – even if your employer offers workers’ compensation. These include:
- If your injuries were caused by defective equipment, you might be able to sue the manufacturer for damages.
- If your injuries were caused by a toxic substance, which was sold or marketed without adequate warning, you might be able to sue the manufacturer or the seller for damages.
- If your injuries were caused by the gross negligence or deliberate misconduct of your employer, you might be able to sue them for damages.
If, on the other hand, your employer does not have a workers’ compensation program in place, you can hire an Austin workplace injury attorney and sue your employer for damages.
Why You Should Consult a Personal Injury Attorney
If you have been injured in a workplace accident, it is important to consult an Austin personal injury as quickly as you can. Only an experienced attorney can tell you – depending on the factors that contributed to the accident – whether you can sue your employer and other parties (if any) and how much you can sue them for.
If you have suffered serious injuries, the workers’ compensation benefits you receive might not be sufficient to pay for your medical expenses and other necessities. In such cases, it is critical to consult an Austin personal injury attorney and explore the legal options you have – other than workers’ compensation.
Injured on the Job? Call Our Austin Workplace Injury Lawyers
Sustaining an injury at work will complicate your life and cause you and your family financial hardships. At Thomas J. Henry Law, our goal is to provide world-class legal representation and take the burden off our clients’ shoulders. Our team of more than 100 attorneys fights diligently on the behalf of each of our hardworking injured clients. Let our Austin work injury lawyers help you navigate the legal process while you focus on the healing process.
Contact us today and speak with an attorney for a free legal consultation. You can give us a call or fill out a contact form on this page and we will reach out to you. Don’t suffer any longer – call today.
Our Austin Personal Injury Law Offices
- Phone Number: (512) 520-0221 (attorneys available 24/7, nights and weekends)
- Address: 5707 Southwest Pkwy, Suite 125 Building 2, Austin, Texas 78735 (walk-in Monday through Friday)