Workers' Compensation vs. Personal Injury Claim in Georgetown, TX

Many of the top industries in Georgetown, Texas, including healthcare, retail trade, manufacturing, and construction, also happen to be at the top of the list for work-related injuries in Texas. When confronting the aftermath of an injury or illness due to a workplace incident or someone else's negligence, it's crucial to understand your legal options.

Many have heard of workers' compensation, but filing a personal injury claim after an occupational accident may be the best choice in certain circumstances. Read over the distinguishing factors of the two claims below, and consult with a knowledgeable personal injury lawyer in Georgetown TX as you take your first steps toward securing the help you deserve.

Understanding the differences between workers' compensation and personal injury claims is essential in making the right decision for your specific situation.

Workers' compensation is an insurance program managed by the state, designed to provide pay and benefits to employees who are injured or become ill on the job. While most employees in the state work for employers with workers' compensation insurance, Texas is the only state in the nation that does not require it. Speaking with a local attorney will help clarify this matter and ensure you get the most out of your Georgetown work injury compensation case.

Key points to consider include:

Workers' compensation is a no-fault system, meaning you are entitled to benefits regardless of who caused the workplace accident. Even if the injury was your fault, you can still receive benefits.

While workers' compensation covers medical expenses and a portion of lost wages, it does not provide compensation for pain and suffering or punitive damages.

Workers' compensation claims are typically processed faster than personal injury claims, allowing injured workers to receive benefits promptly.

In most cases, you cannot sue your employer for a workplace injury if you receive workers' compensation benefits. However, you may be able to pursue a claim against a third party if their negligence contributed to your injury.

A personal injury claim, on the other hand, is a legal action filed against the party responsible for your injury. Here's what you need to know:

In a personal injury claim, you must establish that another party's negligence or wrongful actions caused your injury.

Unlike workers' compensation, a personal injury claim allows you to seek compensation for all damages, including medical expenses, lost wages, pain and suffering, and even punitive damages in some cases.

You have the right to file a lawsuit against the at-fault party, whether that is your employer or another third party, to recover damages. This can lead to a trial if a settlement cannot be reached.

At Carabin Shaw, we know that experiencing a workplace injury or illness comes with many challenges. Our team of experienced lawyers is here to ensure that choosing between workers' compensation and personal injury claims isn’t one of yours. Contact us for a free case review. Our dedicated legal experts will assess your situation and determine the best course of action.

Call us today toll free at 800-862-1260 to speak with one of our trusted legal professionals. We have both English and Spanish-speaking staff available to assist you 24/7.

Please see Carabin Shaw's client reviews to read the many successful cases our team has achieved on behalf of our clients while ensuring they feel informed and comfortable throughout the process. We offer our services on a contingency-fee basis, which means clients only pay if there’s a favorable result in the case. Let Carabin Shaw be your trusted legal partner on this journey, and we'll work tirelessly to protect your rights and achieve the best possible outcome for your case.

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