Filing a Home Depot Workers’ Compensation Claim in Houston

Employers throughout the country are expected to provide a safe workplace environment, but not everyone gets through their day without being hurt. Employment-related injuries are common, and the cost of dealing with them can be significant. Anyone who works at large retail outlets like Home Depot is especially likely to face the risk of injury.

If you were hurt on the job, filing a Home Depot workers’ compensation claim in Houston could provide you with compensation. You might also have the right to pursue a civil lawsuit that could cover most or all of your losses. Let a seasoned personal injury attorney help you plan your next step.

Pros and Cons of Workers’ Compensation Claims

There are benefits and drawbacks to filing a claim through the state workers’ compensation system. On the plus side, these benefits are typically paid out in a matter of weeks. It is a “no-fault” system, which means that an award should be available even for employees who were negligent.

The negatives are substantial, however. This system might be designed to be “no-fault,” but employers and insurance companies often find an excuse to deny claims. What’s more, the payouts are usually less than a personal injury settlement. This is because certain types of losses—especially non-economic damages, like pain and suffering—are not covered by these claims.

It is also important to know that filing a Houston Home Depot workers’ compensation claim might not be an option at all if the company has not purchased an insurance policy. In that scenario, a hurt employee has the right to file an injury lawsuit.

Suing an Employer May Be Possible

There is a common misconception that a workplace injury can never lead to a lawsuit against the employer. That is not the case, particularly in Texas. The law does not require companies in this state to purchase workers’ compensation policies. Those that do not offer it could face what is known as a non-subscriber lawsuit.

A company that is a non-subscriber may be sued if it is responsible for an injury due to negligence, recklessness, or gross or intentional conduct. A monetary award could be available even in situations where the worker is partly to blame.

Unlike a workers’ compensation claim, a worker lawsuit against Home Depot can pursue any type of monetary award that is available through a standard negligence suit. This includes not only the cost of medical care and lost wages, but also emotional distress, pain and suffering, or the loss of consortium.

Legal Action Against Third Parties is an Option

Whether or not the company is a non-subscriber, negligence lawsuits are an option when it comes to third parties. This includes accidents on the job that are caused by anyone other than an employer or co-worker.

An example could include a shopper who carelessly or recklessly harms an employee at a Home Depot. The same is true for contractors, delivery drivers, or other individuals who are not directly employed by the company but still played a role in an accident.

Talk to a Lawyer in Houston About Filing a Home Depot Workers’ Compensation Claim

If you were hurt on the job, you could have a number of options available. When you are thinking about filing a Home Depot workers’ compensation claim in Houston, you might have grounds for a civil lawsuit that could provide you with a larger settlement than a typical workers’ comp claim would provide. Call right away to discuss each of your options during a private consultation with our team.