Workers’ Compensation Laws vary from state to state, but all 50 states offer workers’ compensation coverage for workers injured on the job. Of course, while available in all 50 states, a few states, including Texas, do not require employers to carry workers’ compensation insurance. Whether or not the employer does purchase coverage, what’s an injured worker to do? Let’s explore some ways a personal injury attorney can help with compensation claims.
If a Texas worker’s employer does not carry workers’ compensation insurance, the injured employee may sue the employer for injuries suffered on the job. Does this mean that if the employer does carry workers’ compensation insurance that the employee is limited to what that coverage has to offer in the way of covering medical expenses and reimbursement for some lost wages? The best answer is “not necessarily.”
Depending upon the circumstances surrounding your injuries, a personal injury claim related to the same injuries may also be possible. One example would involve an injury suffered due to an intentional act by the employer to injury the employee. Other clear examples that fall in this category would be exposing the employee to toxic materials or not maintaining machinery in a safe operating condition.
The definition of Workers’ Compensation is any compensation for which an injured worker is entitled to that includes benefits to cover medical treatment and partial replacement of wages lost by the worker while he or she is unable to work. In addition, some injured workers will receive additional compensation if it is determined that a permanent injury or disability resulted from the injury. The actual value of your workers’ compensation claim is based upon numerous factors, including the severity of your injuries, your normal level of compensation and the degree of permanent impairment that resulted from your injuries.
If a Texas worker is covered by workers’ comp, no proof of negligence needs to be proven to recover damages for injuries suffered. If the employee is not covered under workers’ compensation, negligence must be proven but the employee may be able to collect additional damages, including pain and suffering, upon proving the case. While any experienced workers’ compensation attorney would be well-suited to obtain appropriate recovery for an injured worker covered under the program, injured employees seeking damages outside of workers’ compensation would be better suited and more likely to obtain a better settlement by obtaining the services of an experienced personal injury attorney.
If you have been injured and have a workers’ compensation claim, get the assistance you need to get the maximum value from your claim. The workers’ compensation law attorney experts at Thomas J. Henry, the largest personal injury law firm in Texas, can assist you through the entire legal process; start to finish, getting you full compensation for your injuries, including all medical bills, lost wages, and compensation for your pain and suffering. Thomas J. Henry has the experience, expertise, and determination to get you the large settlements and verdicts you deserve. Call the Thomas J. Henry Law firm today at 361-221-5053.