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When you’ve been injured at work, you undoubtedly have concerns about bringing a claim. Accidents at work may be quite expensive. They may also prevent you from working and impede all other elements of your life.
KEY TAKEAWAYS
- You must determine if you qualify for workers’ compensation before suing your employer. You can’t sue your company for workers’ comp, but you can (and should) file a claim.
- To bring a lawsuit, you’ll need proof of your injuries’ cause and severity. Get a Full medical examination as soon as possible. For workers’ compensation, you may need to see an approved doctor.
- Follow your doctor’s instructions after a work-related injury. Contrary to your doctor’s advice, get a second opinion. You don’t need a company-recommended doctor to sue for a work-related injury. A lawyer can help you discover a protecting doctor.
- Make Mishap Notes. Detail as much as you can. If you have a workplace injury claim, more accident details are preferable.
- Seek legal advice. An attorney with experience representing injured workers can tell you if you can sue for a job injury. Your attorney can submit a workers’ compensation claim on your behalf if you can’t.
When may you file a lawsuit for a job injury then?
This question’s response is influenced by two primary factors:.
- The origin of your injury, first. Who is at fault and whether you can file a lawsuit will depend on this.
- The existence of workers’ compensation insurance at your workplace. The majority of firms in Texas are not required to have workers’ compensation insurance. The majority of the time, however, businesses who voluntarily offer insurance are shielded from claims made by injured workers.
Pursuing a lawsuit for a work injury against a 3rd party.
A third party is defined as any person, business, or other organization whose carelessness results in your injuries at work for the purposes of filing a work injury claim. You have the right to file a lawsuit if a third party caused your workplace injury, regardless of whether your company offers workers’ compensation coverage.
How could the injury you sustained at work be the fault of a third party? The following are some frequent situations in which hurt employees might make third-party claims.
• The workplace is a leased space, according to your employer. The offices, warehouses, and other facilities of many businesses are leased. The property owner can be responsible for your damages if you were hurt in a fall, fire, explosion, or other disaster on the grounds.
• An accident happened to you on the job. The site owner could also be held accountable if you were hurt on someone else’s property while working. Construction workers who are hurt may, for instance, have claims against property owners.
• A product-related accident resulted in your injuries. Work injuries frequently result from tool and equipment faults. Manufacturers are frequently held accountable when a product defect causes worker injuries. For injuries brought on by faulty hand tools, power tools, cranes, lifts, and other items, injured employees may bring legal action.
• While on the job, you were hurt in a car accident. If you are a full-time or part-time driver, you have the same right to submit a car accident claim as anybody else who sustains injuries in an accident that was someone else’s responsibility. Depending on the specifics, a careless driver, a car manufacturer, the government body in charge of maintaining the road, and numerous other parties could all be held accountable.
• An accident involving a ship or an aeroplane damaged you. A number of different third party claims may be possible for employees hurt in aviation and maritime incidents. Laws like the Jones Act and others also frequently permit qualified employees to file lawsuits against their employers.
They are only illustrative. There are several more circumstances in which injured employees in Houston may have third party claims. An experienced attorney will evaluate all viable alternatives for obtaining compensation on your behalf.
Suing your employer for a work-related injury.
As was already mentioned, injured workers who have access to workers’ compensation benefits typically cannot sue those employers. But suppose your employer doesn’t carry workers’ compensation insurance (in Texas, this is referred to as being a “non-subscriber”). Do you now have the right to sue?
You must be able to show that your employer was at fault for the incident in order to sue a non-subscriber for an injury sustained at work. Contrast this with submitting a workers’ compensation claim, which offers coverage with “no fault” attached.
You need evidence of negligence before you can sue your employer. To demonstrate that your employer’s mistake led to your injury at work, you must be able to show that it happened.
In some situations, employees may be able to sue their employers for injuries sustained on the job.
• Mishaps involving coworkers who were being irresponsible or careless.
• Mishaps where coworkers weren’t properly trained or experienced.
• Mishaps caused by faulty tools or machinery.
• Mistakes involving inadequate safety measures in accidents.
• Mishaps that occur on grounds owned by the employer.
The liability protection afforded to employers who purchase workers’ compensation insurance does not apply to non-subscribers. It can be difficult to establish who was at fault for a workplace accident, unfortunately. It is best for you to consult a lawyer as soon as possible to learn more about your legal options.
What Happens If I Work Independently?
Generally speaking, independent contractors are not covered by workers’ compensation. Contractors are typically not covered by workers’ compensation insurance, even if the employer does.
Identifying whether your injuries were caused by the negligence of your employer or another party is crucial if you sustain an injury while carrying out contract work. The business that hired you, as well as one or more third parties, may be required to pay you compensation.
Check to See If You Have a Work Injury Case.
A work-related injury’s liability can be tricky. This is especially true in Texas, where it is frequently necessary for employees to establish fault with an employer or other party in the event of a workplace accident, injury, or illness because workers’ compensation coverage is not required in that state.
Often Asked Questions on Compensation for injury at Work
Q) How long on average do workers' compensation settlements take?
A: Depending on the specifics of your case and whether you have legal counsel, the full settlement process—from submitting your claim to receiving the money—can take between 12 and 18 months.
Q) If you were injured in a vehicle or truck accident, can you still file a work injury lawsuit?
A: Yes, potentially. If your automobile or truck accident occurred while you were driving “in the course and scope of employment,” you should be able to petition for workers’ compensation (if you are eligible), and, depending on the specifics of the case, you could also be able to suit for further compensation.
Q) When a job accident occurs, may you file a lawsuit if you're not at your usual place of employment?
A: Yes, whether you were hurt at your usual place of employment or another location is irrelevant for determining whether you have a case for a work injury. No matter where the accident occurred, if you were hurt at work, you have the same legal rights.
Q) If you were hurt off the job, may you sue your employer?
A: Maybe. The possibility of a lawsuit against your employer arising from an injury that you would regard to be “outside of work” is restricted, as we previously mentioned. Even though you might not be able to sue your employer, you could be able to sue another business, therefore you should contact a lawyer right once.
Q) How can I tell whether I have a case against my employer?
A: State-by-state variations exist in workers’ compensation legislation. You must therefore consult a nearby work injury lawyer to see whether any of these exclusions apply to your particular circumstance. An attorney who has handled many work injury cases will be able to assess your situation and decide if you have cause to file a lawsuit against your company.
Q) How can I get the full amount of compensation for my job injury if I can't sue my employer?
A: If you are unable to sue your employer, you might be able to make a personal injury claim against a third party. A contractor, subcontractor, property owner, careless driver, or any other individual or business that contributed to your accident may be held liable in this lawsuit. Only your employer is covered by the immunity provision of the workers’ compensation statute in your state.
So, if someone else or a business (referred to as a “third-party”) is accountable for your injuries, you have the right to file a lawsuit. You can also have additional choices. For instance, there is a very significant probability that you qualify for workers’ compensation payments if you are unable to sue your company. You can also be eligible for government benefits such as Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), and other programmes depending on your income, employment history, and other circumstances.
Q) Can I file a lawsuit against my company if it retaliates or treats me unfairly?
A: Yes. Only claims involving injuries are covered by the workers’ compensation immunity provision. All 50 states have laws that expressly forbid workplace discrimination and retaliation. If you feel that you have been subjected to unfair treatment because of an injury you sustained or because you sought workers’ compensation, you should contact a lawyer right away to learn more about your legal options.
Q) How long do I have to file a claim against my employer?
A: You must file any claims you may have against your employer before the relevant “statute of limitations” has passed. You should speak with a local work injury legal professional as soon as possible to explore your case since the statutes of limitations for personal injury, retaliation, and discrimination claims differ. To learn more about how to get the most compensation for your work-related accident, make an appointment for a free consultation with an expert attorney. To receive a free claim evaluation from a lawyer in your town or city, submit your information at any time.
Q) Is it possible to file a lawsuit against a business if you are hurt at work?
A: When you get an occupational injury, you have two major alternatives for suing the firm. Suing the business you work for is the initial course of action. If you are eligible for workers’ compensation, this usually won’t be a possibility, but if you are not, you might be able to file a lawsuit. Suing a different business that is accountable for your harm is your second alternative. This might be a maker of tools or equipment, a landowner, or any other business. You must be able to demonstrate that the corporation was at fault in either scenario, therefore you should contact an attorney straight once.
Q) What legal grounds exist for suing your employer (or another business) if you suffer an injury at work?
A: You might be eligible to file a lawsuit against a firm if you were wounded at work for a number of reasons. Lawsuits may result from falls, accidents using hand and power tools, accidents involving machinery and equipment, accidents involving vehicles, and other mishaps. The key is being able to demonstrate that the business is to blame for your damage; once again, this necessitates hiring legal counsel as soon as you can.
Q) Is suing a business for a workplace injury worthwhile?
A: It will almost probably be worthwhile to sue a firm for your job injury if you have a case to make one. Injuries sustained at work can be quite expensive. Medical costs, lost earnings, and other costs can quickly mount up. You can get paid for your pain and suffering, post-traumatic stress disorder, and diminished quality of life by filing a lawsuit.
Q) Can you sue your company if you have a workplace accident?
A: Several various variables determine whether you have the right to sue your company if you have a workplace accident. You might not be able to file a lawsuit if you qualify for workers’ compensation, unless your employer wrongfully rejects your claim. You may be able to file a lawsuit if you are not qualified for workers’ compensation, but you will need to be able to demonstrate that your employer’s carelessness was the cause of the accident. Your best course of action can be determined with the aid of a local attorney.
Q) Should I seek for workers' compensation benefits instead of suing my employer?
A: Your workers’ compensation eligibility will determine whether you should qualify for benefits through workers’ compensation or launch a lawsuit against your employer. Generally speaking, you cannot sue your company if you qualify for workers’ compensation. The advantage of being qualified for workers’ compensation is that payments are granted on a “no fault” basis, as opposed to filing a lawsuit, which requires proof of blame. Although the advantages under workers’ compensation are restricted, bringing a lawsuit enables you to obtain full reimbursement. You may start with a free claim evaluation online anytime, and a local attorney can go over your choices with you.
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