Can I take legal recourse after an injury at work?
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Can I take legal recourse after an injury at work?

On Behalf of | Jun 16, 2021 | Personal Injury |

Did you know that employers in Texas are not required to hold workers’ compensation? This is because subscribing to workers’ compensation insurance would put a limit on the injured individuals’ ability to seek compensation. Those limits are set by the law, so they aren’t able to be adjusted.

Most employers still obtain workers’ compensation, because to go without it would be to risk leaving themselves open to high-value personal injury lawsuits from employees who got hurt while working.

As an employee who was hurt on the job, the first thing you need to find out is if your employer has insurance. If they have workers’ compensation insurance, then you will make a workers’ compensation claim. If they do not, then you will need to make a personal injury claim.

What should you know about workers’ compensation claims?

If your employer does have workers’ compensation insurance, then you should make a claim through that insurer. Your claim may be limited, but you should receive coverage for time you’ve missed, lost wages, medical care and other expenses related to your injury.

Under workers’ compensation, your injury is covered regardless of fault in most cases. If your employer does not have this coverage, then you will need to start a personal injury claim instead.

How do you make a personal injury claim after a work injury?

If you’re hurt at work because of faulty equipment or another hazard, then you can make your claim. You should discuss your situation with your employer first, but if they do not have insurance coverage or are not willing to cover your injuries through other methods, then you will need to make a claim. Your attorney will start the claim process, which normally has to start within two years of the date of the injury.

You should collect all information you can about the injury, because a personal injury claim is a little different from a workers’ compensation claim. You will need to prove that you were injured while working and as a result of an accident that should have been avoidable. With the right evidence and support, you’ll be able to seek a fair settlement or award in court.


I Elderlaw

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