In Texas, many workplace injuries are handled through workers’ compensation, a system designed to provide benefits to employees injured on the job. Workers’ compensation covers medical expenses and a portion of lost wages, regardless of who was at fault for the injury. However, a personal injury claim might be a better option in some situations. For example, pursuing a personal injury claim can provide broader compensation if a third party’s negligence caused the injury or if the employer does not have workers’ compensation insurance. Employers are also legally obligated to provide a safe work environment for staff — they could be liable if they failed to provide appropriate safety equipment or training.
Personal injury claim Vs. Workers’ compensation
While workers’ compensation provides essential benefits, it has limitations. Personal injury claims can offer more comprehensive compensation, including damages for pain and suffering, emotional distress, and loss of enjoyment of life. Here are some reasons why a personal injury claim may be the best option for maximum compensation and recovery:
- Broader Compensation: Personal injury claims can cover a wider range of damages, including non-economic losses like pain and suffering, which are not covered by workers’ compensation.
- Accountability: Filing a personal injury claim can hold negligent parties accountable for their actions, potentially preventing future accidents.
- Larger settlements: Personal injury claims often result in larger settlements compared to workers’ compensation, especially in cases involving severe injuries.
By pursuing a personal injury claim, victims of workplace injuries can seek the maximum compensation they deserve, ensuring they have the resources needed for their recovery and future well-being.
Who is responsible?
In a personal injury claim involving a workplace injury, several parties may be held accountable depending on the circumstances. If a contractor, subcontractor or equipment manufacturer caused the injury, the victim can hold these entities liable. For example, the manufacturer could be responsible if faulty machinery caused the injury. Similarly, if a contractor’s unsafe practices led to the accident, they could be accountable. Unlike workers’ compensation, which typically covers employer-related claims, personal injury claims allow injured workers to seek compensation from these third parties or employers for their negligence.
The specific details of each injury will vary, so victims and families may want to consult with a personal injury attorney. They can review the case’s details and help determine if a personal injury claim is viable for getting maximum compensation from negligent parties. A personal injury lawyer can provide knowledgeable legal guidance, gather evidence, negotiate with insurance companies, and represent clients in court when necessary.
