Most Texans spend the majority of their time at work, which means that workplace accidents in Houston, Sugar Land and sorrounding areas are extremely common, even in jobs that are not necessarily physically demanding. It is a reality that workplace accidents can happen at any time and for almost any reason. This means that all employees should understand their options for recovering after a workplace accident.
Houston Workers’ Compensation Claims
There are two types of claims that a worker can file after suffering an injury in a workplace accident.
The first is a workers’ compensation claim, which is the more common of the two. The workers’ compensation system provides employees with a way to obtain compensation for an on-the-job accident without having to prove that their employer was at fault. These claims are generally quicker to process than traditional personal injury claims because the workers’ compensation program is a no-fault system.
The main obstacle to workers’ compensation claims is the availability of damages. Injured parties who successfully file a workers’ compensation claim in Texas can obtain benefits for medical costs, lost income, and any diminished earning capacity, but unlike a personal injury case, a workers’ compensation claim does not provide the employee with non-economic damages.
Texas Personal Injury Claims
The second option for injured workers is to file a Texas personal injury claim. Unlike a workers’ compensation claim, a personal injury claim requires the employee to prove that another party acted negligently and that the negligence of that party contributed to his or her injuries. In addition, injured workers generally cannot file a personal injury claim against their employer because workers’ compensation claims are the primary remedy in most cases. However, a personal injury claim may be appropriate against a third party other than an employer, such as a vendor, supplier, landlord, independent contractor, other driver, or the manufacturer of defective equipment or machinery.
Determining which type of workplace injury claim to file is not always an easy choice and, in certain cases, it is possible to file both types of claims simultaneously. Workers’ compensation claims are often easier to prove, but even these cases can present obstacles for workplace accident victims. For example, an insurance company employer may argue the extent of the worker’s injuries or may assert that his or her condition was not related to his or her employment. Individuals injured in a Houston workplace accident should consult with a qualified Houston, Sugar Land and surrounding areas personal injury attorney at The Leon Law Firm P.C. for immediate assistance.
Houston, Sugar Land and Sorrounding Areas Workers’ Compensation Lawyer
Injured workers should contact a qualified Texas workers’ compensation attorney to discuss possible avenues of compensation. Carlos Leon is here to fight for you after suffering a wrongful injury in a workplace accident.