While most accidents occur out on our roadways, there are several types that present themselves when we least expect them to. Take for instance your job. While you may be required to work at a desk where there is minimal risk, others are required to climb ladders or lift heavy objects that could potentially injure their body. And when someone does engage in some sort of accident that results in physical or emotional suffering while at work, there usually is a worker’s compensation claim that gets filed.
Does this sound similar to the situation you are currently going through? Have you consulted with a nearby accident attorney in Texas yet? As common as worker’s compensation claims are in the U.S., Texas has few different rules when it comes to this type of incident.
Unlike most states in the U.S, Texas does not require its employers to carry worker’s compensation insurance. So, what does this mean for you or the person you know who has been harmed in an accident? They may be required to take further legal action and our featured Texas accident lawyers know exactly how to go about doing so.
What Are Some Important Facts Regarding a Work-Related Injury?
When an employer elects to carry worker’s compensation insurance, there are limits on the amounts that are set for compensation to be paid out. For instance, if you slip and fall on a construction site, there is only going to be so much you can receive as stated in the policy and the law. But any injury or illness that was sustained regardless of fault in the course and scope of employment should be included under your employer’s worker’s compensation insurance.
Now, if your employer elects to go “bare” and not carry anything, you have the right to file a personal injury lawsuit against them if the accident you were involved in somehow was caused by negligence. This negligence must have been on the part of your employer for you to successfully file a lawsuit and receive the funds you require for your medical treatments, time away from work, etc.
According to the Texas Workforce Commission where all these laws are laid out, any injuries sustained for any of the following reasons are not going to be covered if:
- They were the result of the employee’s horseplay
- Willful criminal acts or self-injury
- Intoxication from drugs or alcohol
- Voluntary participation in an off-duty recreational activity
- A third party’s criminal act if directed against the employee for a personal reason unrelated to the work
- Acts of God
Are You Looking to File a Claim or Lawsuit for a Work Accident?
Need a Texas Accident Lawyer to Help Get Your Case Started?
Whether your employer has insurance or not, filing a worker’s compensation claim can be rather difficult and take a significant amount of time to do. If you want to begin receiving the compensation you deserve sooner than later, give us a call or submit a contact information form right here through our site and one of our agents will get back to you. They will be able to assist you in finding and retaining a lawyer who specializes in work-related accidents in the state of Texas who is willing and able to help you.