Workplace Injury Attorney: Discerning Between Workplace Injuries and Workers’ Comp


Being injured in the workplace is a stressful incident that can only be made more complex when you have to navigate the legal front. Most often where employees get taken advantage of is when they trust that their employer will do the right thing and pay for all of their medical expenses and time away from work. This is typically never the case as employers want to save money and their insurance providers want to do the same.

They will find any excuse to deny your claim whether it be a worker’s compensation claim or a personal injury claim. Where things get tricky is deciphering between workplace injuries and workers’ compensation. This is easier said than done, which is why you need a workplace injury attorney from Thomas J. Henry to help sift through all the legal jargon and get you the compensation you deserve.

Workers Compensation

When you are injured on the job while carrying out your work tasks your injury will be covered under workers’ compensation. You have the right to work in a safe environment and be compensated should an injury occur. An employer has to ensure safety protocols are being followed, proper training is provided and equipment is maintained. The most common type of workplace injury is falling.

Texas does not require all employers to carry workers’ compensation insurance which is where things can get tricky. If the employer does not carry any insurance, you will have to file a claim through an attorney. If they do have insurance you may have the option to go through the workers’ compensation insurance. Workers’ compensation does not require fault to be determined and means that any injury at the workplace is covered. This does not mean you are scot-free because many insurance companies will try to pay the bare minimum on your claim. Be aware of company policies and be sure to seek legal advice.

Workplace Injuries

Workplace injuries are incidents where there seems to be a bit of a grey area but can still be considered within the scope of the employer. Instances that qualify as a work-related injury and may require a workplace injury attorney include:

  • Injuries in company-owned trucks
  • Injuries at a company party
  • Injuries at an employer-sponsored social event
  • Injury during lunch break if it is in the cafeteria
  • Injury while at lunch with a client off company property
  • Mental injuries caused by the job
  • Worsening pre-existing conditions
  • Running special errands for your employer

These injuries are not directly caused by your employer but are related to your employer and can therefore fall under a workplace injury lawsuit. Discuss your particular circumstances with a workplace injury attorney to determine the appropriate course of action.

Hiring a Workplace Injury Attorney

Being injured on the job can be a traumatic experience for employees. You don’t want to get in trouble with your employer and you trust they will do the right thing. When you are injured, report it to your supervisor and have them fill out an incident report, next seek medical attention. Lastly, contact Thomas J. Henry for a consultation at 866-517-5659 today.

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info@tjhlaw.com

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