While some work injuries are caused because of an employer’s negligence or disregard for safety, others are caused because of a worker’s own error or misstep. A mover may accidentally drop a heavy box on their foot or a nurse may slip and hurt their back while moving a patient.
In these cases, can individuals still file for workers’ compensation?
Fault and Workers’ Comp Benefits
Workers’ compensation benefits are provided on a “no-fault” basis in Texas. This means that the employee does not even need to prove that the employer acted negligently for their injury or illness. The employer could have sustained the injury due to their own error and still successfully pursue workers’ comp benefits.
Keep in mind, however, that this does not mean that every injury sustained at work will be covered. According to the Texas Department of Insurance, your employer’s insurance carrier may not be liable for benefits after a workplace injury if:
The employee was intoxicated when the incident occurred
The injury was caused by the employee’s willful attempt to injure themselves or another person
The employee was injured by a non-employee for a personal reason not pertaining to their actual job
The employee was engaging in “horseplay” or unsafe practices
Pursuing Maximum Benefits
In order to avoid paying you benefits, your employer or their insurance company may try to find a reason to deny your workers’ comp claim, perhaps saying that you were not acting within the scope of your job duties or were engaging in unsafe behavior.
Please remember that you don’t have to go through this process alone. The Edwards Law Firm is here to stand in your corner during this time. We carefully develop our evidence and cases for a successful trial and have successfully helped our past clients obtain benefits after being injured on the job.
Contact our workers’ comp attorneys at (361) 541-6333 to learn more about your legal options.