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If you sustain a work-related injury or illness because of an accident or some other non-deliberate cause, determining whether your employer carries workers’ compensation insurance is an essential.
If your employer carries workers’ compensation insurance you could be compensated for your medical expenses and lost wages. This compensation is typically a fraction of your normal pay, and you are not entitled to damages for your pain and suffering. Utilizing the compensation insurance precludes you from suing your employer for failing to maintain a safe work environment.
If your employer does not carry workers’ compensation insurance, then you may be entitled to seek damages in court. If the employee can prove negligence on the employer, compensation may be available for medical expenses, lost wages, and pain and suffering compensation.
If an injury or illness was the result of a deliberate act by the employer, then the employee may be allowed to bring a lawsuit or case against the employer.
If a work accident results in a fatality of the employee, the employee’s family may be eligible for long term death benefits in the state of Texas.
Work accidents can happen in dangerous areas or in a typical office environment. Third-Party liability occurs when the employer is not negligible, but perhaps the maintenance company is. For example, if a building is improperly maintained, and the floors are wet, the injured employee can file a claim against the maintenance company. When an employee is injured on the job it does not mean that only the employer is responsible.
Work accidents can happen resulting in injury or illness, and it could be due to a faulty or defective product or equipment. In this case the employee can file a claim against the equipment or product manufacturer. For example, employees could be exposed to asbestos or other dangerous chemicals.
Injuries and illness in the workplace are not inevitable, and everyone has a right to a safe work environment. If you are injured on the job, please contact us for further information, as you have the right to be compensated to the fullest extent of the law. We can be reached at 512-472-7799.