Missouri City Work Accident Lawyer

Texas is the only state not requiring employers to carry worker’s compensation coverage for workplace accidents. Employers in the state can subscribe to coverage, but many do not. However, that does not mean employees are powerless after getting a workplace injury.

When worker’s compensation is unavailable, an employee can file a lawsuit against the employer, which differs from the worker’s compensation process. The employee does not need to demonstrate negligence for worker’s comp claims, but in a personal injury lawsuit, the plaintiff must prove that the employer — or a third party — was negligent in a way which led to the injury.

Whether or not your employer is a subscriber, you should be able to recover for a workplace injury. A Missouri City work accident lawyer could review your case and explain your options.

Worker’s Compensation for Injuries

While Texas does not require private employers to carry worker’s comp insurance, any employers who contract with the government must have this coverage. In addition, many employers — especially in high-risk industries — subscribe to this coverage.

The purpose of worker’s compensation is to provide no-fault coverage for injured employees. To recover, a worker needs to demonstrate that they are an employee who was hurt during the course of employment. One of the primary defenses an employer makes to a claim is that the person was an independent contractor, not an employee.

One benefit to this type of insurance is that it can provide faster financial recoveries for employees injured at work. However, there are cons to match the pros. It limits the type and amount of awards, which can limit employer liability. One of the most significant differences between a workers’ comp claim and a traditional negligence lawsuit is the availability of non-economic damages like pain and suffering.

The most critical thing that a person needs to understand is that if the employer subscribes to worker’s compensation insurance, and the worker is a covered employee, they cannot file a negligence lawsuit against the employer. One of the first things an attorney handling work accidents in Missouri City will do is determine whether a claim is a worker’s comp or non-subscriber claim.

Non-Subscriber Work Accident Claims

When an employer is not a subscriber, a worker can file a negligence lawsuit to recover for workplace injuries. This process can be complicated because it requires establishing that the employer was negligent, which means the employer failed to behave as a reasonable person would have under the circumstances. However, even if the employee was partially responsible for the accident, they may be able to recover under modified comparative fault laws.

Furthermore, whether or not the employer is a subscriber, the worker may have a claim against a third party for the injury, which could include any individuals whom the employer does not employ. They may consist of independent contractors on the worksite, other drivers in an auto accident, or the manufacturer of defective or dangerous products.

While worker’s compensation limits a person’s ability to file a lawsuit against the employer, it does not prevent them from filing a lawsuit against the third party. A workplace injury attorney in Missouri City could examine the circumstances of the work accident to determine if another party may share liability. A direct claim may be the best way to get a full economic recovery if there is third-party liability.

Talk With a Missouri City Work Accident Attorney

A workplace injury can leave you very vulnerable – whether it is a construction accident that leaves you in severe pain, or a maritime injury that limits your ability to work for the foreseeable future. Lost wages and medical bills add up quickly, even before considering the loss of future earning potential or medical bills. A Missouri City work accident lawyer helps ensure you get the best recovery possible and examine all potential avenues for recovery. Schedule a consultation to learn more about your options with our legal team.