Most Texans spend most of their time at work, meaning that Houston workplace accidents are extremely common — even for jobs that are not necessarily physically demanding. It is a reality that on-the-job accidents can happen at any time, and for almost any reason. This means that all employees should understand their options to recover after a work-related accident.
Houston Workers Comp Claim
There are two types of claims that a worker can pursue after being injured in a workplace accident. The first is a worker’s compensation claim, which is the most common of the two. The workers’ compensation system provides employees a way to obtain compensation for an on-the-job accident without needing to show that their employer was at fault. These claims are usually quicker to process than traditional personal injury claims because the workers’ comp program is a no-fault system.
The main hindrance of worker’s compensation claims is the availability of damages. Injured parties who successfully bring a Texas worker’s compensation claim can obtain benefits for medical costs, lost income, and any decrease in their earning capacity, but unlike a personal injury case, a workers’ comp claim does not provide an employee to non-economic damages.
Texas Personal Injury Claim
The second option for injured workers is to bring a Texas personal injury claim. Unlike a workers’ comp claim, a personal injury claim requires that the employee prove that another party acted negligently and that the negligence of that party contributed to their injuries. Also, injured workers are usually unable to bring a personal injury claim against their employer because workers’ comp claims are the primary remedy in the majority of cases. However, a personal injury claim may be appropriate against a non-employer third party, such as a vendor, supplier, property owner, independent contractor, another driver, or the manufacturer of defective equipment or machinery.
Determining which kind of workplace injury claim to bring is not always an easy choice, and in certain cases, it may be possible to bring both types of claims simultaneously. Workers’ comp claims are usually easier to prove, but even these cases can present obstacles for workplace accident victims. For instance, an employer for the insurance company may argue the extent of the worker’s injuries, or it may claim that their condition was not related to their employment. Those injured on a Houston workplace accident should consult with a qualified Houston personal injury attorney at West Loop Law and the Law Office of Nhan Nguyen, MD, JD for immediate assistance.
Workers Comp Lawyer in Houston
Injured workers should contact a qualified Texas workers’ comp attorney to discuss possible avenues for compensation. Nhan Nguyen, MD, JD and Nader Rabie, JD at West Loop Law and the Law Office of Nhan Nguyen, MD, JD are here to fight for you after being unfairly injured in a workplace accident. We have spent our careers representing injured parties and fighting to hold people and businesses accountable for negligence, carelessness, and misconduct that have resulted in serious and fatal injuries. Give us a call today at 713-840-7200 to discuss your case.
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