The Difference Between Workers- Compensation and a Personal Injury Lawsuit - Navasota TX Attorneys

After a work accident in Navasota, Texas, an injured employee will typically file a workers’ compensation claim to seek compensation for monetary losses. However, they may have to file a personal injury claim for third-party liability or in cases where an employer does not subscribe to workers’ compensation insurance. Victims of workplace accidents caused by the negligence of another party should hire a lawyer to ensure they receive fair compensation for their injuries.

The Navasota personal injury lawyers at Carabin Shaw offer a free case review during your first visit so that you can make informed decisions about your legal options after a work injury. We also offer our services on a contingency-fee basis, so you don’t pay unless we win.

The differences between a workers’ compensation claim and a personal injury claim are numerous. Workers’ compensation insurance protects employers from liability claims while offering injury victims quick access to medical and income benefits. On the other hand, personal injury claims compensate victims for ALL their damages after Navasota Texas workplace accidents.

In a workers’ comp claim, injured workers or their families receive four primary benefits:

• Medical
• Income
• Death
• Burial

During a personal injury claim, the court awards a plaintiff economic, noneconomic, and possibly punitive damages. This includes compensation for the pain and suffering, mental anguish, and inconveniences caused by workplace accidents in Navasota TX.

Injured workers can file a workers’ compensation claim and a personal injury lawsuit simultaneously. However, the workers’ compensation insurance company has the right to reimburse the provided benefits.

If your employer subscribes to workers’ compensation insurance, your attorney cannot sue them for damages. The exception to this rule is family members who may sue if a worker dies because of an employer’s gross negligence. Employers who do not subscribe to workers’ compensation insurance do not have liability protection and are susceptible to Navasota TX work injury claims. This means you can sue them similarly to suing any other negligent party who causes you harm.

In many personal injury claims, the court establishes liability via tort law and acts of negligence. This requires that a party has a duty to act, breaches that duty, and the breach causes harm. Employers may also have strict liability, whereby they are liable simply because of the employee-employer relationship. Hiring a lawyer to help you determine how to file a claim against an employer is essential in a successful lawsuit.

Injured workers also have the right to sue third parties in Navasota, TX. These are individuals, businesses, or agencies that are not the employer of the injured worker. They may include:

• Subcontractors
• Property owners
• Equipment manufacturers
• Rental companies
• Government entities

In a third-party personal injury claim, your Navasota work injury lawyer must gather evidence to prove that a third party was responsible for your work accident. You can also submit third-party claims alongside workers’ compensation claims.

While filing a workers’ compensation claim and a personal injury claim may seem redundant, in many cases, it leaves injured workers in the best place to receive full compensation for injuries. Workers’ compensation provides timely, essential support, while personal injury claims provide comprehensive damages that cover your losses.

When you meet with your legal team, you’ll be able to go over evidence, potential liable parties, and an estimate of your damages to determine whether a lawsuit is worth it. We’ll help you understand the legal process and negotiate with workers’ compensation insurance or a defendant’s legal team to maximize your monetary awards for damages from your workplace accident. High-quality legal support reduces stress and enhances your outcomes.

At Carabin Shaw, we want you to receive total compensation for your injuries. Read our client reviews to find out how we’ve helped countless Texans financially recover from workplace accidents. Then, call our toll-free number at 800-862-1260 to book your free consultation. Someone is available to speak with you 24/7 in English- AND Spanish.

For more information:

• TDI
• TDI
• Texas Statutes 417