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Workers’ Compensation Versus Personal Injury ClaimsIn this article, you will learn:

  • When to file for workers’ compensation instead of filing a personal injury claim,
  • What benefits there are to workers’ compensation over personal injury claims, and
  • What to do if your employer doesn’t have workers’ compensation.

If I Was Injured On The Job, Should I File A Workers’ Compensation Claim Or A Personal Injury Claim Against My Employer Or The Company?

Generally, on-the-job injuries are personal injuries; if covered by worker’s compensation, a claim against your employer would be a worker’s comp claim.

However, if a third party was a cause of the on-the-job injury, you may be able to pursue the third party with a personal injury lawsuit, in addition to making a worker’s comp claim.

If you were injured on the job and your employer did not have worker’s comp insurance, you may be able to pursue a “non-subscriber” case against your employer.

In Texas, Worker’s Compensation is available to employers who purchase it. If Workers’ Comp covers you, in Texas, your case against your employer will be limited to a Worker’s Compensation claim.

The biggest difference between a personal injury claim and a workers’ compensation claim is that with Worker’s Compensation, if you are injured on the job, and your employer has Workers’ Compensation, you do not have to prove fault to collect benefits.

Are Workers’ Compensation Medical Benefits Generous?

With Worker’s Compensation, the injury victim is usually well taken care of from a medical perspective, but human damages such as pain and suffering are little to nothing.

Compensation with Workers’ Compensation includes weekly benefits, permanent impairment benefits, medical expenses, and rehabilitation.

Can You Sue Your Employer If They Have Workers’ Compensation?

Suppose your employer had workers’ compensation coverage in effect during your accident. In that case, your claims against your employer will be limited to those benefits available under Workers’ Compensation in Texas.

In short, you can’t sue your employer for the on-the-job injury; your recourse is the Workers’ Compensation system.

What Is Limited With Workers’ Compensation?

Most Workers’ Compensation victims with very serious injuries are left holding the bag except for their medical expenses as the statutory scheme does not allow for items of compensation available to other personal injury victims.

What Is The Main Benefit Of Workers’ Compensation Over Personal Injury Claims?

If workers’ comp covers you, you don’t have to prove fault by your employer.

The requirements to be paid from workers’ comp in Texas is that you were injured on the job and your employer has coverage. Proving fault is not necessary.

Is it Workers’ Comp Or A Private Insurance Policy?

Many companies have used an alternative insurer other than Workers’ Compensation to reduce costs.

These plans, if they are not registered as workers’ compensation with the state of Texas, generally do not automatically qualify the employer for the benefits of workers’ compensation immunity because of an accident on the job.

Texas provides a method to determine if your employer has Workers’ Compensation coverage at the time of your accident. You can also reach out to the HR department for verification of coverage. You can contact the state of Texas Workers’ Compensation Commission for questions regarding workers’ compensation, benefits, and claim procedures.

If your injury occurred on the job, but your employer was not a subscriber to workers’ compensation in Texas, you may be able to bring a “nonsubscriber” case against your employer.

On the Job Personal Injury Cases In Texas (Third Party Cases)

To recover damages in a Texas personal injury case, you must prove that the person who caused the accident owed you a duty and caused you legally recoverable damages. If your injury was caused by the actions of another person (not a co-employee) or company, you might have a third-party case.

For more information on Power Line Accident Injury Claims In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (832) 402-6008 today.

Stanley Injury Law

Get Your Questions Answered - Call Me For Your Free,
20 Min Phone Consultation (832) 402-6008


The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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