Workers’ Compensation Claims vs. Personal Injury Lawsuits in Texas: What Injured Workers Need To Know
If you are dealing with a workplace injury in Texas, one of the most important things you can do is determine which type of legal claim applies to your situation. Texas handles workplace accidents differently than other states, and so your legal options could look very different depending on whether your employer carries workers’ compensation insurance.
In some cases, you may be able to file a personal injury lawsuit either against your employer or against a liable third party for additional compensation. Continue reading this blog post to learn more about how these cases work.
Workers’ Compensation in Texas
Texas is the only state in the country where private employers are not required to have workers’ compensation insurance. Employers that opt into the system are known as “subscribers,” while those that opt out are called “non-subscribers.”
If your employer is a subscriber, the workers’ comp system generally serves as your primary legal remedy for a job-related injury. That means you cannot file a lawsuit against your employer in most cases.
Benefits under the system typically include:
- Coverage for all approved medical expenses related to the injury
- Temporary income benefits that generally pay 70% of the difference between your average weekly wage and what you are able to earn after the injury
- Impairment income benefits for permanent bodily damage
- Death and burial benefits for families of workers killed on the job
However, if a third party contributed to your injury, you may still be able to file a lawsuit against them in addition to your workers’ comp claim. More on this below.
When a Personal Injury Lawsuit May Be an Option
There are a few key situations where a personal injury claim becomes available to an injured worker in Texas. Looking into when that door opens is critical because this option can result in significantly more compensation for you.
If your employer is a non-subscriber, you have the right to file a personal injury lawsuit against them directly. In these cases, the employer also loses several powerful legal defenses, including contributory fault. That makes it considerably easier for you to recover damages in court.
You may also still have a personal injury claim against a third party whose negligence contributed to your injury. For example, if a defective piece of equipment caused your accident, you could pursue a claim against the manufacturer while still collecting workers’ comp benefits from your employer.
Key Differences Between the Two Claim Types
The type of claim you file affects not only the process but also the compensation you can recover. Here are some of the most significant differences:
- Workers’ comp generally does not require proof of fault, while a personal injury lawsuit requires proof that another party is legally responsible for the injury
- Workers’ comp limits your recovery to medical benefits and certain income benefits
- Personal injury lawsuits allow you to seek full lost wages, along with damages for pain and suffering
- Workers’ comp claims are handled through the Texas Department of Insurance; Personal injury claims go through the civil court system
- The statute of limitations for a workers’ comp claim is typically one year from the date of injury, whereas for a personal injury lawsuit against a non-subscriber, you generally have two years
Both types of claims serve an important purpose, but pursuing the wrong one could leave money on the table.
Contact Benton Accident & Injury Lawyers To Schedule a Free Consultation With a Dallas Workplace Accident Attorney
Workplace injuries in Texas raise legal questions that are not always straightforward to answer. Whether your employer carries workers’ comp insurance or not, the path you choose early on can shape the outcome of your entire case.
Contact Benton Accident & Injury Lawyers to set up a free consultation with a Dallas workplace accident lawyer today if you were involved in an accident on the job. You can receive some honest legal advice about your case and what to expect going forward at that time.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
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About the Author
Jeff BentonJeff Benton is the founder of Benton Accident & Injury Lawyers in Dallas. He represents clients in claims involving truck accidents, car accidents, wrongful death, workplace accidents, and other forms of negligence. Jeff is known for taking on difficult cases that other firms decline and for fighting aggressively against powerful insurance companies and corporate defendants. He was honored with the Dallas Trial Lawyers Association’s John Howie Award for his pursuit of justice and remains committed to helping injured individuals and families throughout Texas. Click here to see some of his notable case results.
