If your employer is a subscriber to the Texas Workers Compensation system, you are very limited in the claims arising from a work related accident. However, if you are injured at work, you should immediately have your case reviewed to see what potential claims you may have.
Your first claim is always against your employer’s workers compensation carrier. There are different types of benefits so make sure you are aware of all the types of benefits for which you may be entitled.
Motor Vehicle Accident:
If you are injured as the result of a motor vehicle accident, immediately consult with an attorney that can handle both workers compensation and personal injury claims. You may have claims including claims against the other driver, your under insured motorist insurance, any underinsured motorist policy purchased by your employer for you, your personal injury protection insurance.
Third Party Liability:
If you are at a job site that has multiple employers and you are injured as the result of another employer’s negligence, you may have a claim against that employer.
Texas is a “Right to Work” State. This means that you can be terminated for any reason. However, you the Texas Labor Code protects people regarding a workers compensation claim from discrimination and/or termination.
If you have missed more than one of work due to your compensable injury, file for Social Security Disability or Social Security Insurance. If your claim is denied make sure that you consult with an attorney within the appeal period.
Employers that subscribe to the Texas Workers Compensation system are exempt from claims of negligence. But, they are not protected from claims of Gross Negligence resulting in death. The beneficiaries of workers’ killed as the result of a compensable injury, may have a gross negligence claim against the employer.
Always be aware of your rights after work related injury. Have your case reviewed to see that your rights are being protected and the proper claims are being pursued.
Daniel L Morris The Morris Law Firm (214)357-1782 firstname.lastname@example.org