San Marcos TX Workplace Accidents - Workers' Comp vs. Personal Injury Lawsuit

Workplace accidents often upend the lives of their victims, leaving them out of work as they recover from their injuries. Furthermore, the chaotic aftermath of these types of accidents can make it difficult for victims to develop a strategy for securing the compensation they desperately need.

When it comes to choosing between workers’ compensation and a personal injury lawsuit, the correct answer varies from individual to individual. Luckily, the San Marcos workplace injury attorneys at Carabin Shaw have over three decades of experience guiding Texans through the legal process and maximizing their compensation. We even offer a free case review so you can get started risk-free!

Liability determines most of the options for workplace accident victims in San Marcos, Texas. Injured workers can only bring legal action against parties who are found to be liable for their accident. If nobody is liable for your accident, or you are found to be liable for your own injury, you will not have grounds for a lawsuit.

To hold a party liable, you must prove that they acted negligently and that their negligence caused your accident. All workers have the right to a safe work environment, so if your employer fails to take reasonable actions to maintain a safe workplace, this likely constitutes negligence. Some common examples of negligence leading to liability for a workplace accident include:

• Violating safety regulations, such as OSHA standards
• Poor hiring or training practices
• Ignoring known hazards such as exposed wiring
• Improper maintenance of machinery or equipment
• Exposure to hazardous materials

The Pros and Cons of Workers’ Compensation

Filing a Texas workers' compensation claim after suffering an injury on the job may be the right call for some workplace accident victims, but it is not without its drawbacks. The primary advantage of taking workers’ compensation is that you are entitled to it regardless of liability. Additionally, workers' compensation generally pays victims more quickly than a lawsuit.

The most significant downside of workers’ compensation is that it yields lower payouts than a successful lawsuit. Wages from missed time at work are only partially replaced, and there is no opportunity to pursue compensation for non-economic damages such as pain and suffering. Also, Texas is the only state in which employers are not required to carry workers’ compensation insurance. If your employer has opted out, your only remaining option will be to file a lawsuit.

Pursuing a personal injury lawsuit with the help of a San Marcos work accident lawyer can be a great option for workplace accident victims who do not have access to workers’ comp or who need more money than workers’ comp can provide. Suing for damages allows victims to pursue full wage replacement as well as compensation for non-economic damages. Another advantage of a lawsuit is that it demands full accountability from your employer, while workers’ compensation claims can be paid out without any admission of wrongdoing.

Personal injury suits can be more time-consuming than workers’ comp, and they require that you prove liability. This means that a lawsuit represents a riskier route for victims, as there is no guarantee of a payout.

Whether or not you choose to pursue a lawsuit, a work injury attorney in San Marcos TX can play a vital role in maximizing your compensation and minimizing your stress as you navigate the aftermath of your work injury. Involving an attorney early in the process means that you can rely on their counsel when deciding what the right path is for you.

Your attorney will handle most of the busy work related to your case, freeing you up to focus on your recovery. Additionally, your lawyer can negotiate insurance claims on your behalf, collect evidence to build your case, and even conduct a private investigation if necessary.

The San Marcos TX lawyers at Carabin Shaw know precisely what it takes to navigate the aftermath of your workplace accident. Our stellar track record of winning cases and maximizing compensation is reflected in the client reviews we receive.

To get started with a free consultation, please call us toll-free at 800-862-1260, where our English- and Spanish-speaking staff are available 24/7. To make things even easier, we offer our services on a contingency-fee basis. That means that we only get paid if we win your case. Contact us today and entrust the difficult decisions to our capable hands!

For more information:

• OSHA
• Texas Statutes 406