When to File a Personal Injury Claim Versus a Workers Compensation Claim
San Antonio workers should know that Texas does not require employers to have workers compensation insurance. Workers comp is an insurance program that protects employees who have suffered an injury at work. Typically, if workers comp does not cover your damages, you can file a personal injury lawsuit. If you want to know when to file a personal injury claim versus a workers compensation claim, then it may be worth speaking to a lawyer about your case.Personal Injury Versus Workers Comp
Both personal injury claims and workers comp claims deal with injuries; however, there are some differences between the two.
- Fault: Workers compensation cases do not require fault.
- Damages: You can sue for pain and suffering in a personal injury lawsuit but not in a workers comp case.
- Right to sue: Once you have filed a workers comp claim, you cannot file a personal injury lawsuit.
Workers compensation does not cover injuries sustained after work hours, involving intoxication, or horseplay. To file a workers comp claim, you must be an employee during the time of the injury, and the employer must have workers comp insurance. Because Texas does not require its employers to have workers comp insurance, be sure to double check with your employer.
If you were injured on the job in San Antonio, you might be searching for a “work accident attorney near me.” A work accident attorney with Carabin Shaw can help you investigate your injury and determine if it is better to file a personal injury or workers comp claim.What Damages You Can Receive
There is a difference in what damages you can sue for in workers comp cases and personal injury lawsuits. In a workers compensation case, you cannot sue for pain and suffering, which alludes to emotional distress or physical anguish. In a personal injury lawsuit, you can sue for full damages, including lost future wages, medical bills, future medical bills, and emotional suffering.
Workers compensation is typically delivered to the victim in one lump sum, whereas rewards from personal injury cases may take months or years to receive due to the lengthy legal process. If you have any questions regarding damages, consider speaking to a San Antonio work injury lawyer.Common Personal and Workers Comp Injuries
Some personal injuries and workers comp injuries may look the same. The difference between them is at fault. Here are some common workplace injuries:
- Slips and falls: Whether slips and falls qualify for a personal injury case depends entirely on the context. Speaking to San Antonio workers’ compensation lawyers can help determine which case would be the best to file.
- Material handling
- Being struck by an object: Depending on the context this could either be covered by workers comp or a personal injury lawsuit. Speak to a lawyer to learn more.
If you are still undecided about submitting a personal injury claim or workers comp, consider speaking to our team of San Antonio workers’ compensation lawyers. If you want to know when to file a personal injury claim versus a workers compensation claim, consider the statute of limitations, or time limit. In San Antonio, you only have thirty days after sustaining your injury to file a workers comp claim. However, you can begin a personal injury lawsuit in San Antonio within two years of the accident.When to Speak to a Lawyer
If you are considering filing a claim, regardless of which type, consider speaking to an attorney from our team. At Carabin Shaw, we value our clients and want to reassure them they are making the right legal decisions. That’s why we offer a free consultation.
Call our San Antonio office today at 210-222-2288 or ring us toll-free at 800-862-1260 to schedule a visit.