Workers-Comp vs. Personal Injury - Which Path is Right for Your Portland TX Work Injury
Understanding the difference between workers' comp vs personal injury compensation paths is vital for workers injured in Portland TX. When and how you can pursue compensation depends heavily on the circumstances of your accident, and seeking the support of professionals, such as Portland TX work accident attorneys at Carabin Shaw, vastly increases your odds of winning fair settlements.
However, as is true with any legal action, there is a great deal of information to be aware of beforehand. Read on to educate yourself about the differences between personal injury law and workers’ comp, and how third parties can fit into it. Then, call our team to schedule your FREE CASE EVALUATION in English or Spanish at 800-862-1260. Our team of expert lawyers has protected victims in Texas for over three decades and will fight hard to ensure you get justice and compensation after a serious work injury.
How Are Workers’ Compensation and Personal Injury Law Different in Portland, Texas?When you're injured at work, you generally have two paths: a workers' compensation claim or a personal injury lawsuit. The main differences between these two approaches, especially when working with a Portland TX work injury lawyer, are in the requirements for proving fault and the types of compensation available.
Specifically, a workers' compensation claim does not require you to prove that your employer or another party was at fault for your injury. In contrast, a personal injury claim does require proof of fault. This means that for a personal injury claim, you and your lawyer must gather evidence to demonstrate that another party's negligence led to your injury.
The Texas Department of Insurance oversees workers’ compensation to provide education that promotes safe workplaces, informs injured workers of their rights, and resolves disputes quickly and fairly when they occur. Visit the website to learn more and contact a local attorney in Texas for specific legal advice for your claim.
When Should You File for Workers’ Compensation?Texas provides clear benefits for workers filing for compensation, which is especially important for workers in Portland who often work in local construction, industrial production, such as steel products, local utilities companies, and other forms of work that come with well-known hazards.
If you have been injured on the job, then, even without an attorney, you are entitled to programs that cover medical costs, compensation for permanent impairment, and provision for 70% of your income before the injury, according to the Texas Department of Insurance. However, there are cases where personal injury claims can cover more than these losses as well. Our free case review at Carabin Shaw can help you determine if your injury makes you eligible for such compensation. Contact our law firm today to learn more.
When to Seek the Support of a Portland TX AttorneyBecause Texas does not force employers to subscribe to workers’ compensation insurance, there is a chance that your employer has no options for such forms of support. A non-subscriber work injury in Texas allows you to hold your employer liable for damages from unsafe work conditions, injuries on the job, or other forms of damages that they are at fault for.
Similarly, a third party workplace accident, such as those caused by defective equipment, traffic collisions, subcontractor negligence, and other liable parties that are not your employer, may allow you to pursue personal injury claims. Contact a work injury lawyer as soon as possible to discuss this further.
Workers’ Compensation and Personal Injury OverlapIn some cases, as an injured worker, you may be able to file for both workers’ compensation and personal injury. Pain and suffering, mental anguish, disfigurement, and loss of companionship or enjoyment of life are all forms of non-economic damages that can be recovered through personal injury claims and are not covered by workers’ comp.
It is crucial to work with trusted attorneys to determine what forms of compensation you can seek. Visit our client reviews to see how Carabin Shaw has supported injury victims in the past.
Win the Compensation You Deserve! Call Portland, Texas Attorneys at Carabin Shaw Today To Book Your FREE Consultation!Navigating personal injury law and workers’ comp requirements is no easy task, especially after a devastating work injury. But at Carabin Shaw, we offer our services on a contingency-fee basis to ensure that you have access to the resources and information you need to navigate that rocky landscape. That means you don’t pay unless your case is won.
It is always essential to research options independently, and our experts work with transparency and clarity to support the best interests of our clients. When you are ready to begin the path towards recovering the funds you are due, call our English and Spanish-speaking staff at the toll-free number 800-862-1260, where we are ready to take your call 24/7.
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