Workers’ Comp Claims vs. Personal Injury Claims

When you suffer a work accident in Denton that leaves you burned, it can greatly impact your life. Burn injuries are devastating, and they often require lengthy medical treatment. After suffering burn injuries at work, you may be wondering what your options are for pursuing compensation, which will depend on the circumstances of your case.

If you or a loved one has suffered a burn injury at work, you should speak with our Denton burn injury attorneys. The Texas accident lawyers at Carabin Shaw have decades of experience fighting for victims of burn injuries to get them the justice they truly deserve.

Burn injuries at work in Denton can be legally complicated to navigate. Below are your options based on what happened during your accident:

• Workers’ comp Many employers in Texas offer workers’ compensation. When you suffer an injury at work and your employer has workers’ compensation, you need to file for workers’ compensation to recover your damages. It’s important to notify your employer immediately about your accident to ensure you can recover proper compensation.
• Sue your employer Texas, unlike many states, does not require employers to offer workers’ compensation. If your employer does not have workers’ compensation and you are injured in the clock, you can sue them for compensation. To know if you are eligible to sue your employer in your case, speak with a personal injury lawyer in Denton.
• Sue another employee Sometimes, another employee is responsible for your accident. When their negligence leads to your burn injuries, they can be sued, even in addition to the workers’ compensation you can recover. If another employee was at fault for your accident, ask an attorney about the best course of action to take.

You can recover damages after an accident at work, but how much and what kind of damages depends on what type of claim you are pursuing. The following are the differences in potential compensation in workers’ comp claims vs. personal injury claims:

1. Fault

One of the primary differences between workers’ comp claims and personal injury claims is fault. In a workers’ comp claim, you do not have to prove fault to earn the damages you’re rightfully owed. In a personal injury claim, you must establish that a negligent party was at fault for your accident to win compensation.

2. Pain and suffering

When it comes to damages, the essential difference is that you cannot earn non-economic damages in a workers’ comp claim. However, in a personal injury claim, you can pursue non-economic damages like pain and suffering and loss of enjoyment of life. Especially in the case of severe burn injuries, victims can earn substantial compensation from non-economic damages because of the severe impact a serious burn injury can have on your life.

3. The legal process

Another difference between a personal injury claim and a workers’ comp claim lies in the legal process. For workers’ comp claims, you’ll have to file an accident report with your employer. Then, the insurance company will do an investigation into the accident to determine how much they’ll award you in your case.

For a personal injury lawsuit, you and your lawyer will have to gather evidence, file your claim, and negotiate with insurers and the opposing legal team to get you fair compensation. If not, you’ll have to take your case to trial.

If you have questions, ask our Denton burn injury attorneys.

If you or a loved one has suffered burn injuries at work, consult our personal injury lawyers in Denton. The Texas accident lawyers at Carabin Shaw have won over $1 billion for our past clients because we care about helping you and your family.

For a free consultation, call today at 1-800-862-1260 or fill out our online contact form.