Workers’ Comp: How Hard Is It to Receive Compensation

• by dn29v
• July 15, 2024

This Blog was brought to you by the J.A. Davis & Associates, LLP – Accident Injury Lawyer principal office in San Antonio

You Deserve Compensation If You Have Been Injured on-the-job: But Getting it is Another Matter

Have you recently been hurt on the job? If you have, it is critical that you seek the help of a Texas work injury attorney who specializes in these types of civil actions if you expect to receive the fair compensation you deserve. Most on-the-job injury cases are quite complicated. They can be some of the most difficult to win because there can be many diverse factors that impact a work injury case. In Texas, the greatest issue in determining if you can be successful in recovering fair damages for your injury is whether or not your employer subscribes to Texas workers’ compensation insurance. You must start here.

If your employer subscribes to “workers’ comp” then the employer is likely shielded from a workplace injury civil lawsuit. Workers comp cases are called subscriber cases. By law, they are not subject to civil lawsuits in state court, although there is an exception. If your employer does not subscribe to workers’ comp, one option is to file in a non-subscriber case through the state’s Division of Workers Compensation. Just as often, filing a civil case against the defendant is appropriate. You must know where (and how) to file before anything can be done. More Information here
Employers pay a portion of their income to the state for this “umbrella insurance coverage” and though it is not inexpensive for them, they find that the amount of money they pay to this state-run “insurance pool” is often less than what they would pay to a traditional commercial liability insurance company. Today, not quite half of Texas’ businesses participate in the state’s workers’ compensation program.

The rest of Texas businesses are considered non-subscribers to the program. Many – but not all of them – carry some form of workplace liability insurance. So if you are injured on-the-job, and the injuries are significant enough to justify bringing a suit, you are certainly within your rights to seek legal compensation in court for your injuries, pain and suffering, lost wages, disability, and other damages through a civil lawsuit.

Some employers neither subscribe to the state workers’ compensation insurance program nor do they carry liability insurance for their business. When that happens you may be able to file a lawsuit against your employer, and possibly even other third parties who might also have been found to be liable for your injuries. Even if your employer subscribes to workers comp, but your on-the-job injury is caused by a third party, you can bring suit against them, even if you can’t sue your workers’ comp subscribing employer.

Complicated, isn’t it? Of course, it is.

This is why you need the help of an experienced attorney to determine whether your injury falls under the state workers’ compensation subscription rules or not. The attorneys at our Law Office can effectively help you protect your rights as a worker and help win a fair settlement for your on-the-job injuries. But first, you need to know who is financially obligated to pay the damages owed to you.

The best outcome for your workplace injury produces a fair settlement for you without having to go to trial. But if a trial is necessary, we are more than willing to vigorously argue your case in order to win the fair judgment that you deserve from ALL defendants. We represent you to the best of our skill and ability. And if we’re able to secure fair compensation for you without taking your case to court, you can get back on your feet faster and resume living your life.

So if you or someone you love has been hurt on the job, our attorneys can help you collect the compensation you need and deserve, and bring those responsible for your work injuries to justice.

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