Marshall Workers’ Compensation Attorney
Discover Your Rights as an Injured Worker in Texas
Texas is unique in that it does not require employers to purchase workers’ compensation coverage for its workers. Although, many employers still choose to purchase some form of workers’ comp insurance because it protects them and their companies from liability if something goes wrong and a worker is hurt on the job.
If you suffered an injury while working in Marshall, Texas, come to Morris & Dewett Injury Lawyers for legal counsel and guidance. Our workers’ compensation lawyers can help you discover and use your options after being hurt at work. You might be covered by workers’ compensation and not know it. Or you could not be covered but still have a way to seek a recovery.
Let’s get answers together. Call (888) 492-5532 now.
What Does Workers’ Compensation Do?
Workers’ compensation is a unique type of insurance that employers can buy to cover some or all of their workers. It is a no-fault-based insurance system that does not depend on establishing liability to provide benefits to an injured claimant. Instead, a covered worker should be eligible for benefits if they are hurt while performing a job-related duty, even if the injury happens because of their own negligence.
Importantly, workers’ compensation applies to workplace accidents. If your injury was not caused by an accident but instead by some form of willful negligence, then you might be disqualified from receiving workers’ comp. For example, if you were running down a hallway that you knew was freshly mopped, slipped, and fell, then you might not have a valid claim.
Benefits Through Workers’ Compensation
If you do qualify for workers’ compensation, then you might get these benefits:
- Medical treatment coverage: Any medical treatments that are necessary for you to recover from your work-related injury should be fully covered by the workers’ compensation insurance provider. Even small payments related to co-pays or prescription costs should be provided. Insurance companies sometimes argue that some treatments are optional, not necessary, as a way to avoid providing coverage.
- Disability pay: If you cannot return to work right away due to your injury, then you could receive temporary disability pay equal to a percentage of what you earned before the accident. If you are disabled and cannot return to work at all, then you could qualify for long-term disability pay that is based on the severity and type of the disability.
- Vocational retraining: When returning to work could be an option if you changed roles or careers, workers’ compensation benefits can include coverage for any costs associated with training, certification, or education.
Injury Claims After Workplace Accidents
Texas workers who do not have workers’ compensation will need to explore a different legal avenue to receive compensation after a workplace accident. Specifically, a personal injury claim against the party or parties that caused the accident might be the best or only option. Unlike a workers’ comp claim, liability must be established in a personal injury claim, which makes it more difficult for you to get the compensation that you deserve. In Texas, your liability must also be under 51% for your injury claim to remain legally valid.
After a workplace accident, we might be able to file an injury claim against:
- Your employer if the workplace was unsafe.
- Third-party that caused the accident like a vendor or driver.
The potential compensation through a personal injury claim will be different from a workers’ compensation case, too. You can seek damages related to your medical costs, lost wages, and miscellaneous losses, as well as your physical pain and emotional trauma. Non-economic damage related to your pain and suffering is not achievable through workers’ compensation, so it could mean that the value of an injury claim will be higher than you might expect.
Get Workers’ Comp Answers Today
Do you need to file a workers’ compensation claim or a personal injury claim after an on-the-job accident in Texas? If your employer has not been clear about the employment benefits you receive, then the answer will not be clear, either. For clarity, guidance, and support, come to Morris & Dewett Injury Lawyers. Our Marshall workers’ compensation attorneys are standing by to help you through this difficult time and get the compensation you deserve.
Call us at (888) 492-5532 to discuss workers’ comp during an initial consultation.