Personal Injury Vs Workers Comp
San Antonio is home to at least 1,000 manufacturing and distribution companies, all of which are vital for the city’s economic growth. Many residents’ livelihoods are dependent on the prosperity of such businesses. But what happens when an employee’s ability to earn income is jeopardized by a work-related injury?
Work-related injuries can be disastrous because they can result in an employee’s inability to work as well as costly medical care. If you find yourself afflicted by an on-the-job injury, seeking legal advice from a personal injury lawyer can help you understand your rights as a worker in Texas.
Our firm of San Antonio injury lawyers is here to clarify any confusion you may have about your potential case. We offer a free initial consultation to victims of work-related injuries.Texas Workers Compensation
In the state of Texas, employers are not required to carry a workers comp policy; however, many employers who do not subscribe to workers comp purchase their own insurance coverage. If an employee is injured on the job, he or she is entitled to recover damages by filing a workers comp claim, without having to prove that their employer is liable for the sustained injuries.
A personal injury claim can be filed by a worker whose place of employment does not carry workers compensation. In this case, the worker will have to provide proof that the employer is somehow liable for the injuries sustained.Who May be Held Liable in a Work-Related Injury Claim If the Employer Does Not Provide Workers Comp? Employers
If you are injured on the job in San Antonio and can prove your employer failed to keep you safe and that your injuries resulted from your employer’s negligence, you can file a personal injury claim to seek compensation.Manufacturer of a Defective Product
A worker may also hire a personal injury attorney in San Antonio to file a claim against a company who sold faulty products to an employer if he or she can prove that any injuries were the result of the defective product.
Such a circumstance can prompt two claims to be filed simultaneously: a workers comp claim with the employer and a personal injury claim against the manufacturer.Another Responsible Party
If you are injured while working and the injury was caused by a third party not related to your employer, you may also file a personal injury claim against them. For example, if you are delivering packages and are involved in a car wreck caused by another driver, you have the right to also file a personal injury claim against the negligent driver.
As you can see, dealing with a job injury claim is confusing and may require a specialized attorney who is an expert in the area of work-related injury claims.Compensation Under a Personal Injury Vs Workers Comp Claim
The compensation you are entitled to under a personal injury claim differs from that filed under a workers comp claim.
Under a personal Injury claim you are entitled to financial recovery for the following:
- Loss of wages
- Medical expenses (short-term and long-term care)
- Emotional pain and suffering
Workers comp claims payout for the following losses:
- Medical bills
- Vocational therapy
- Permanent impairment
Our team of attorneys will not only aggressively seek the financial recovery you deserve, but will carefully listen to your needs as you attempt to regain a sense of normalcy in your life.
We concentrate our efforts on meeting your financial needs so that you receive the quality medical care you need to return to work. Carabin Shaw’s client reviews affirm that we value all of our clients and work passionately to uphold your rights.
If you are suffering from a work-related injury call us toll-free at 800-862-1260 to schedule a free consultation with one of our trusted legal experts. Our English and Spanish-speaking staff are ready 24/7.