What Type Of Claim Do You Have
If You Have A Work Injury In Texas?
Texas is different from every other state in that their workers’ compensation system is voluntary. This means that your employer can select to be a subscriber to the Texas system or they can elect to be a non-subscriber by using an alternative insurance or even operation without insurance. Depending upon how your accident happened, you may have a additional claim for damages.
Below we will briefly explain some of the types of claims that you may pursue.
Texas Workers’ Compensation Claim:
If your employer is a subscriber to the Texas Workers Compensation system, generally you only claim will be for workers’ compensation benefits. Who caused your accident is not important, only that you were injured in the course and scope of your employment.
Non-subscriber Claim:
If your employer is a non-subscriber the to Texas Workers’ Compensation system, you may receive medical and indemnity benefits through an ERISA plan. But, your employer is free to determine the rules for these benefits. But, if your employer’s negligence was a cause of your accident, you have the right to pursue a claim against your employer for your damages.
Motor Vehicle Accident:
If you are injured as the result of a motor vehicle accident, you may have a claim against the other driver, your under insured motorist insurance and 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.
Product Liability:
If you are injured as the result of a defective tool, machine or piece of equipment, make sure that you have a discussion with our attorney on any possible defects in that equipment.
Wrongful Termination:
Texas is a “Right to Work” State. This means that you can be terminated for any reason. However, the Texas Labor Code protects people regarding a workers compensation claim from discrimination and/or termination.
Social Security:
If you have missed more than one year of work due to your compensable injury. Or, it appears that you are going to miss more than one year, file for Social Security Disability Insurance or Social Security Insurance.
Gross Negligence:
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.
Conclusion:
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.