Workers' Compensation vs. Personal Injury Claims - Keller Tx
Workplace accidents can be physically and emotionally devastating, and they often leave victims wondering about their legal options after work accidents in Keller Tx and how to seek compensation. Individuals injured on the job generally have two main avenues for pursuing compensation: workers' compensation claims and personal injury claims.
Understanding the differences between these two options is crucial for making informed decisions about how to proceed. In this article, we’ll discuss how a skilled attorney may be right for you and we’ll review some common work injury claim FAQs.
What Are Workers' Compensation Claims?Workers' compensation is a state-regulated insurance program designed to provide medical benefits and wage replacement to employees injured while performing their job duties. Here are some key points to consider:
- Eligibility: Workers' compensation is typically available to most employees, regardless of who was at fault for the accident. This "no-fault" system means that even if the employee's actions contributed to the accident, they can still receive benefits.
- Benefits: Workers' compensation benefits usually cover medical expenses, rehabilitation costs, and a portion of the injured worker's lost wages. These benefits are typically provided without the need to prove fault.
- Exclusivity: In most cases, workers' compensation is an exclusive remedy. This means that, in exchange for receiving benefits, employees typically cannot sue their employer for additional damages.
Personal injury claims, on the other hand, involve seeking compensation from a third party who is not the employer. Here are some key points:
- Liability: Personal injury claims are based on the concept of negligence, which means that someone is careless or reckless actions caused the accident. To succeed in a personal injury claim, the injured party (plaintiff) must prove that the defendant's negligence was a substantial factor in causing their injuries.
- Compensation: In a successful personal injury claim, plaintiffs may be entitled to various forms of compensation, including medical expenses, lost wages, pain and suffering, and more. The compensation for work injuries in Texas can vary widely based on the severity of the injuries and other factors.
- Third-Party Claims: Personal injury claims often involve third parties, such as manufacturers of defective equipment, negligent contractors, or other parties whose actions contributed to the accident.
It's essential to consult with an experienced Keller work injury attorney to evaluate your case thoroughly. At Carabin Shaw, our team of skilled lawyers specializes in helping workers understand their options and pursue the compensation they deserve.
Work Injury Frequently Asked Questions (FAQs) Can I File Both a Workers' Compensation Claim and a Personal Injury Claim?In some cases, you can pursue both types of claims. For example, if a third party's negligence contributed to your work-related injury, you may be eligible for both workers' compensation benefits and a personal injury claim against the third party.
What If My Employer Doesn't Have Workers' Compensation Insurance?In Texas, not all employers are required to carry workers' compensation insurance. If your employer does not have coverage, you may have the option to file a personal injury claim against them.
Get Started With a Free Case ReviewIf you've been injured in a work-related accident in Keller, Texas, it's crucial to seek Keller work accident legal advice promptly. Contact a Keller work injury attorney at Carabin Shaw to discuss your options. We offer our services on a contingency-fee basis, meaning we don’t get paid unless you do.
Your Advocates at Carabin ShawAt Carabin Shaw, we understand that clear communication is vital during challenging times. That's why we have a dedicated team of professionals, both English and Spanish-speaking, who can assist you.
See personal client testimony of our success and dedication at Carabin Shaw reviews. We’re available 24/7, toll-free at 800-862-1260. Don't hesitate to reach out to us for the legal guidance and support you need.
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