Many people ask about their rights to file a lawsuit in lieu of a workers’ compensation claim. It’s an understandable question as there are a lot of factors that come into play and things that must be taken into consideration before moving forward with legal action.
After a workplace injury, you should understand what rights you do have, the steps you must take to move forward, and how you can best pursue benefits or compensation. Here are some of the things you should know.
Texas Doesn’t Require All Employers to Offer Workers’ Compensation
In Texas, not all employers are required to carry workers’ compensation coverage. In these situations, as an injured employee, you would have no other recourse but to take legal action and file a lawsuit against the responsible party for the damages you sustained.
You may file a lawsuit against your employer for failing to provide necessary safety measures or equipment. You may file a lawsuit against a co-worker whose negligent or reckless actions caused you significant injuries.
What If My Employer Carries Workers’ Comp Insurance?
If your employer does in fact carry workers’ compensation insurance, you will most likely need to go through that process to recover benefits. Workers’ compensation serves in lieu of a lawsuit following an on-the-job injury or illness to protect the employer.
However, there are a few rare exceptions that may make it possible for you to file a lawsuit, even if your employer has workers’ compensation insurance. This can include the following:
- If your employer’s workers’ compensation insurance is not adequate enough to cover the cost of the expenses you incurred as a result of your damages
- If your employer acted in a way that was malicious or intentional to cause you harm—this excludes failing to protect your safety
If you believe you have a workers’ compensation claim or you need to file a lawsuit for a workplace injury, you can count on The Edwards Law Firm to help you. We’re experienced in these types of cases and know what it takes to help you reach a favorable outcome.
Trust that our Corpus Christi workers’ compensation lawyers are ready to go the extra mile on your behalf. Let us be the voice you need to pursue the benefits you deserve.