The Potential for Punitive Damages in Work Injury Cases - San Antonio Attorneys

Employers have the responsibility to ensure a safe working environment, but accidents happen, and workers’ compensation provides benefits to injured employees. In some cases, the employer acts in a manner that is malicious or severely negligent, making employees wonder if they can collect punitive damages in a personal injury lawsuit. Hiring a lawyer is the best way to evaluate your case and find out how you can maximize your compensation after a work injury in San Antonio.

Call the San Antonio TX attorneys at Carabin Shaw using our toll-free number at 800-862-1260 to schedule a free consultation. You can reach a member of our team 24/7 to find out how you can proceed with a workers’ compensation or personal injury claim. We offer our services on a contingency-fee basis, so you don’t have to worry about upfront legal fees, and we have English- AND Spanish-speaking staff available. Finally, read our client reviews to find out how we’ve helped others in your situation to get the compensation they deserve.

Punitive damages, or exemplary damages, are judgments that the court awards in addition to compensation for the damages claimed. It is an additional amount the defendant must pay on top of the original claim, meant to punish the defendant for gross negligence or intentional misconduct. Punitive damages are also meant as a deterrent to others and the court may use them as an example to prevent other employers from committing similar acts and causing a future work accident in San Antonio.

Factors that can impact the amount of the punitive damages award include:

• The financial status of the defendant
• The type of gross negligence
• The defendant’s character of conduct
• The level of fault of the defendant

Punitive damages are often proportionate to the compensable damages already claimed, but they may be much larger to serve the purpose of future determent.

Workers’ compensation does not offer a punitive damages benefit. Injured workers cannot sue an employer if that employer carries an insurance policy licensed by the state. The only exceptions to this are when the employer’s gross negligence results in the employee’s death, in which case the family can hire a lawyer and sue.

The benefits that Texas workers’ compensation provides are:

• Income: temporary, impairment, supplemental, and lifetime income benefits
• Medical: for care that is reasonable and necessary
• Burial: for funeral expenses
• Death: for the families of the lost employee

As Texas does not require all employers to carry workers’ compensation insurance, you can sue a non-subscribed employer in a personal injury lawsuit. In this type of lawsuit, compensable damages include:

• Noneconomic damages: pain and suffering, emotional anguish
• Economic damages: medical bills, lost income, travel costs
• Punitive damages: compensation awarded to deter future gross negligence

You can sue a non-subscribed employer for ordinary workplace negligence in San Antonio, Texas. It does not have to rise to the level of gross negligence, but the court may not award punitive damages without it.

Workers’ compensation exclusive remedy is the workers’ compensation law that protects employers from personal injury lawsuits. However, there is a type of case that limits exclusive remedy, and that is in the event of gross negligence causing an employee’s death. In these cases, a spouse or children of the deceased employee can collect exemplary damages if the court awards it.

If you are a family member of a person who died on the job due to gross negligence, contacting an attorney can ensure that you can file a personal injury lawsuit and collect punitive damages instead of only seeking damages from workers’ compensation.

The San Antonio work injury attorneys at Carabin Shaw dedicate themselves to helping you find financial justice after a work injury. In cases of gross negligence, this may result in punitive damages as well as compensation for actual damages. Call our office today, and find out how you can get the compensation you deserve for your injuries while holding your employer accountable for negligence.

For more information:

• Statutes Capitol Texas
• Statutes Capitol Texas
• TDI Texas