Workplace injuries are a common reality for many employees across various industries, from construction sites to office environments. When accidents happen on the job, most people immediately think of workers’ compensation as the primary way to recover from their injuries. While workers’ compensation is a vital system designed to cover medical expenses and lost wages, it isn’t always the only option for those who are hurt on the job. In some cases, injured workers may have other avenues to pursue additional compensation beyond workers’ comp.
At the Edwards Law Firm in Corpus Christi, we understand how complex workplace injury claims can be, especially when you need to explore compensation options beyond workers’ compensation. If you or a loved one has suffered a serious injury at work, it’s important to know your legal rights. Contact us today for a free consultation with one of our experienced workplace injury attorneys.
Understanding Workers’ Compensation
Workers’ compensation is a state-mandated system that provides benefits to employees who are injured or become ill as a result of their jobs. In Texas, workers’ compensation offers coverage for medical expenses, a portion of lost wages, rehabilitation services, and death benefits for families of workers who die as a result of their injuries. It operates on a no-fault basis, meaning workers can receive benefits regardless of who was responsible for the accident.
However, workers’ compensation has its limitations. The compensation is often capped, and it doesn’t always account for the full range of damages an injured worker may experience, such as pain and suffering or punitive damages for gross negligence. In some cases, it’s possible to seek additional compensation from third parties or in cases involving employer negligence.
Third-Party Liability Claims
One of the most important things to understand about workplace injuries is that workers’ compensation doesn’t prevent injured workers from filing claims against third parties who may have contributed to the accident. A third-party liability claim allows the injured worker to recover damages from individuals or entities that are not their employer but may still be partially responsible for the injury.
For example, if a construction worker is injured because of faulty equipment or machinery, the manufacturer of that equipment could be held liable in addition to the workers’ comp benefits the employee receives. Likewise, if a delivery driver is injured in a car accident while making deliveries, they could file a claim against the other driver responsible for the crash.
Third-party claims offer the potential for additional compensation beyond what workers’ compensation covers, such as:
- Full wage loss: Workers’ compensation only covers a portion of lost wages, but a third-party claim can recover the total amount.
- Pain and suffering: Workers’ compensation does not provide compensation for the physical and emotional pain endured by injured workers.
- Punitive damages: In cases of deliberate harm or extreme negligence, punitive damages may be awarded to punish the wrongdoer and deter future misconduct.
Employer Negligence and Non-Subscriber Claims
In Texas, not all employers are required to carry workers’ compensation insurance. Employers who opt out of the workers’ compensation system are known as non-subscribers. If you work for a non-subscriber and are injured on the job, you may be able to file a personal injury lawsuit directly against your employer.
This type of claim can be beneficial because, unlike workers’ compensation, you may be able to recover compensation for all of your damages, including pain and suffering. Additionally, Texas law imposes strict liability on non-subscribers, meaning they may be more likely to settle a claim quickly to avoid the risk of a costly lawsuit.
It’s important to note that filing a claim against your employer for negligence is only possible if the employer has chosen not to provide workers’ compensation. If your employer carries workers’ comp, you generally cannot sue them for your injuries.
Gross Negligence and Wrongful Death Claims
Another situation where injured workers or their families can seek compensation beyond workers’ compensation is when an injury or death occurs as a result of an employer’s gross negligence. Gross negligence goes beyond ordinary carelessness or failure to follow safety protocols. It also involves reckless disregard for the safety and well-being of employees.
In cases of gross negligence, the family of a deceased worker may be able to file a wrongful death lawsuit against the employer. This type of lawsuit seeks compensation for the emotional and financial losses experienced by the family, including funeral expenses, loss of companionship, and loss of future income.
Punitive damages may also be awarded in cases of gross negligence, serving as a punishment to the employer and a deterrent to others. If you believe that gross negligence is a factor in a workplace injury or death, it’s essential to consult with a skilled attorney to explore all legal options.
Steps to Take After a Workplace Injury
If you have been injured in a workplace accident, there are several important steps to take to protect your rights and ensure you receive the compensation you deserve:
- Report the injury: Immediately notify your supervisor or employer of the injury. Failing to report the accident promptly could jeopardize your ability to file a workers’ compensation claim.
- Seek medical attention: Even if your injuries seem minor, it’s important to see a doctor. A medical professional can fully assess your condition and document your injuries, which is crucial for any claim you may file.
- Document the accident: Gather as much evidence as possible about the circumstances of the accident. Take photos of the scene, collect witness statements, and keep a detailed record of the events leading up to and following the injury.
- Consult with an attorney: Workplace injury claims can be complex, especially if you’re considering filing a third-party claim or lawsuit. An experienced workplace injury attorney can help you navigate the legal process and determine the best course of action for your case.
Why Choose the Edwards Law Firm?
At the Edwards Law Firm in Corpus Christi, we have years of experience handling workplace injury claims and helping injured workers pursue the full compensation they deserve. Whether you’re seeking workers’ compensation benefits or exploring options for a third-party claim, our team of dedicated attorneys is here to guide you every step of the way.
We understand how overwhelming it can be to deal with a serious injury, medical bills, and lost income. That’s why we are committed to providing compassionate, personalized legal representation tailored to your unique needs.
Our firm offers a free, no-obligation consultation to discuss your case and explore all available legal options. If you’ve been injured in a workplace accident, don’t wait. Contact us today to schedule your consultation.
Schedule Your Free Consultation Today
Workplace injuries can be life-altering, but you don’t have to face the challenges alone. While workers’ compensation provides essential benefits, it may not cover all your losses. By exploring additional avenues for compensation, such as third-party liability claims or employer negligence lawsuits, you can ensure that you receive the maximum compensation available for your injuries.
At the Edwards Law Firm, our Corpus Christi workplace injury lawyers are dedicated to fighting for the rights of injured workers and their families. Let us help you secure the compensation you deserve. Contact us today at 361-217-6679 to schedule your free consultation and learn how we can assist you in your workplace injury case.