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Workers' Compensation vs. Personal Injury Lawsuits - Which Option is Right for Your Burleson Work Injury Case?

When it comes to seeking compensation for a Burleson work injury case, employees have two options: workers' compensation and personal injury lawsuits. While each option has its advantages and disadvantages, deciding between the two can be challenging.

By understanding the differences between workers' compensation and personal injury lawsuits and when to hire a work injury attorney, employees can make informed decisions and seek the compensation they deserve. If you've suffered a serious workplace injury, don't hesitate to contact the Carabin Shaw work injury law firm in Texas to discuss your legal options and get the support you need in the aftermath of a terrible work-related accident.

Workers' Compensation vs. Personal Injury Lawsuits: What's the Difference?

Workers' compensation is a state-mandated program that provides medical and wage replacement benefits to employees who suffer a workplace injury or illness due to an accident. In Texas, most employers are required to carry workers' compensation insurance, with a few exceptions like maritime vessel workers and interstate railway operators.

Typically, employees can file a claim for workers' compensation benefits without having to prove fault or negligence on behalf of their employer. It is important to note, however, that in exchange for receiving workers' compensation benefits, employees generally give up their right to sue their employer for personal injury damages, but there are some exceptions when seeking out compensation for work injury claims in Burleson Tx.

A personal injury lawsuit involves suing a negligent or reckless third party for damages caused by a work-related injury or illness, with the assistance of a lawyer. To prove fault in a personal injury lawsuit, the plaintiff must show that the defendant, in this case the employer, acted in gross negligence and that negligence caused the employee physical and psychological harm.

In a personal injury lawsuit, the employee may be able to recover damages that are not available under workers' compensation, such as pain and suffering.

When to File a Lawsuit to Obtain Burleson Tx Work Injury Compensation

Although the city of Burleson's safety program policy aims to provide a hazard-free working environment for all its citizens, accidents occur daily in workplaces across Texas. Unfortunately, some of these accidents are preventable with the proper procedures in place.

Workers' compensation covers about 70% of medical costs and lost wages for injured workers, but it does not cover other types of injuries or emotional distress. The following is a list of reasons you should contact a work accident lawyer in Burleson to begin the legal process of filing a lawsuit:

  • Injuries caused by a co-worker either physically or emotionally
  • Third-party liability (i.e., if your injury was caused by defective equipment, you can sue the manufacturer of the device)
  • Employer denial of any fault in your claim
  • Failure to receive proper and adequate training by your employer
  • The employer retaliated against you for filing a claim

If you are unsure about whether or not you have a strong case or even if filing a personal injury lawsuit is the right option for you, contact a member of our team to schedule a free consultation with an experienced attorney.

Carabin Shaw: Your Trusted Partner for Workplace Accident Representation

The choice between workers' compensation and a personal injury lawsuit depends on the specific circumstances of your case. It's crucial to consider factors like the severity of your injuries and the circumstances surrounding the accident.

Our Burleson attorneys can assist you in pursuing a case or can simply give you advice on what to do next. To learn more about the quality of our legal services, visit Carabin Shaw's client reviews page. Then call us toll-free at 800-862-1260 to speak with one of our English and Spanish speaking legal representatives, who are accessible 24 hours a day, seven days a week.

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Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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We are very glad we called Carabin Shaw after our accident. We now recommend them to everyone. - Griselda S.
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You want Carabin Shaw on your side after an accident. They were excellent. - Valerie S.
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In our opinion, no one is better, Carabin Shaw is the Law Firm you want on your side after an accident. - Amanda G.
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The attorneys and staff went out of their way to help us after our accident. Thank you Carabin Shaw. - Melinda F.
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We did our research after our accident and chose Carabin Shaw. They were great. Highly recommend. Joel Y.
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