Employers Who Carry Workers’ Compensation Insurance
Workers’ compensation is a plan with good intentions. It allows those who are injured at work, or contract a work-related illness or condition, to collect for their medical expenses and a portion of their lost wages without having to prove their employer was negligent. They just have to prove they were injured on the job. But, Texas law does not require employers to carry workers’ compensation insurance. Employees may still need legal help when trying to collect for their damages depending on the circumstances. The attorneys at Springer & Lyle can help you evaluate these claims.
If the employer carries workers’ compensation insurance, the law generally prevents employees from filing a lawsuit against their employer based on negligence. They will be limited to filing a workers’ compensation claim with the employer’s insurance company. An exception to this rule is if the injury resulted in death and the company was grossly negligent. If that happens, the employee’s family may be able to pursue a negligence claim against the employer and recover all available damages.
Third Party Lawsuit
A third-party lawsuit arises when, in addition to your employer, there is someone else or some other entity responsible for your injury. For example, if you were driving on an errand for your employer and are in a car wreck that was the fault of the other driver,you may collect workers’ compensation benefits from your employer since you were injured on the job. You also have a third-party claim against the at-fault driver who is also responsible for your injury.
The damages in a third-party claim are not limited to medical expenses and a portion of your lost wages. These damages can also include those for your entire lost wages, physical pain and emotional suffering, scarring, disfigurement, permanent impairment and loss of the enjoyment of life.
Personal Injury Lawsuit Against Your Employer
When employers do not carry workers’ compensation insurance, employees may bring a negligence action against them the same way they can against a third-party. Employees are entitled to all the damages that are available to them in a personal injury lawsuit.
The personal injury attorneys at Springer & Lyle can help you analyze an on the job injury claim and determine if additional damages may be available. Contact us at 940.387.0404 for a free consultation.