Personal liability for workplace accidents is a notion that doesn’t sit well with modern society, which is why the law requires most companies purchase workers’ compensation insurance. This insurance shifts the liability to the employer, and the employer is then free to shift the cost of insurance on to the consumer. It is a practice that most of the country has deemed fair, but companies in Sugar Land, TX and elsewhere in the State of Texas can opt-out of coverage. This makes workplace injury lawsuits confusing to injured workers, which is why it is essential that they contact an attorney.
The Sugar Land work injury attorneys at Carabin Shaw understand workers’ compensation insurance, and our team knows how to help you if your employer doesn’t have coverage. We understand third-party claims, and we offer our services on a contingency-fee basis, so you don’t have legal fees until you have a settlement or judgment.
Workers’ Compensation CoverageWorkers’ compensation insurance pays workers for their injuries or illnesses caused by their workplace. Employers must opt-in to coverage, and their employees are then eligible for income, medical, burial, and death benefits. While employees should still seek the assistance of an attorney, the government provides some support to help while you recover.
The Texas Division of Workers’ Compensation (DWC) is the government agency that runs the workers’ compensation system. Insurance carriers pay benefits to employees who suffer workplace injuries, but the DWC ensures that carriers follow the law. The DWC also promotes safe workplaces by providing education and dispute resolution.
What Happens When Employers Opt-Out of Workers’ CompensationWorkers’ compensation insurance protects the employer from personal injury or a Texas work injury lawsuit except in some cases of gross negligence. In other words, employers who opt-out of coverage expose themselves to liability risks. Many private companies self-insure or purchase unlicensed coverage in an effort to save money. This does not afford them liability protection from the law, but it does introduce another party to compensate employee workplace injury victims.
Third-Party Claims and Work Injury Lawsuits in TexasSome workplace injuries are not purely the responsibility of the employer, and the court may hold third-parties liable for injuries in addition to the liability coverage provided by workers’ compensation. The court handles these lawsuits similarly to non-work-related personal injury lawsuits, and the claimant is subject to a two-year statute of limitations.
Examples of third-party lawsuits include cases where another company was responsible for your injury, meaning workers’ compensation insurance and the third-party may be liable for your damages. This could happen if another company is working at the same site where you were injured. It could also be a manufacturer’s liability, such as in the case of some asbestos exposures.
Third-party lawsuits are beneficial in cases where workers’ compensation cases would be subjected to the limits of coverage. A personal injury lawyer can help you file a lawsuit to bridge the gap in compensation that sometimes develops when only workers’ compensation is available.
Hiring Work Accident Attorneys in Sugar Land, TexasWorkers’ compensation lawsuits may evolve into personal injury or workplace injury lawsuits involving an employer or a third-party. Sugar Land TX work injury lawyers such as those at Carabin Shaw can help you to navigate the legal system and ensure you get complete compensation for your workplace injury.
Don’t Wait! Call Now To Ensure You Get the Justice and Compensation You Deserve!At Carabin Shaw, we commit ourselves to helping you financially recover from your workplace injury, and our client reviews are a testament to this goal. Call our toll-free number at 800-862-1260, and speak to our English- AND Spanish- speaking staff who are available to take your call 24/7. Schedule your free case review today, and make sure that you know how to proceed with your workplace injury, so you limit its financial harm.
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