Injured on the Job in Texas?
Written by Greg on July 17, 2013
We receive many calls from people who were injured on the job in Texas wondering what their rights are as far as compensation goes for an injury. There are many factors playing into the amount and manner someone can be compensated for an on-the-job injury.
Generally, the analysis starts with who was at fault for the accident? If the accident was caused by the negligence of a fellow employee, the employer or even the injured worker, and the employer has workers compensation coverage, a Worker’s Compensation claim is usually the compensation available to the injured employee.
If there is workers compensation coverage, the insurance should pay available benefits regardless of the fault of the accident. It is enough that the worker was injured in the course and scope of employment.
If an employer does not have workers compensation coverage, in Texas they are known as a “nonsubscriber” and can be held legally responsible for acts of negligence, which injure their employees, under a general negligence cause of action. The burden of proof to prove a negligent act or omission falls on the injured worker with 3rd party claims.
An interesting situation arises when an accident is caused, in part, by a third-party (person or company) who was not the employer or a fellow employee. In that situation, the injured worker may be able to make what is known in Texas as a third-party claim against the wrong doer. There can be more than one cause of an accident.
If a worker is seriously injured on the job they should speak with a reputable and experienced Texas injury attorney as soon as possible after the accident. Certainly, consultation should take place prior to giving any written or recorded statements to any insurance interests.
Many personal injury law firms offer free initial consultations without obligation to personal injury victims. Persons with questions regarding on-the-job injury and their rights should speak personally to a personal injury lawyer in their community.