Jason Stephens | August 16, 2023 | Workplace Accident
If you are involved in a workplace accident, it can be life-altering. Fortunately, you may be able to receive financial compensation.
An on-the-job accident may entitle you to workers’ compensation benefits. If the accident was the result of a third party or if your employer doesn’t have workers’ comp insurance, you can also pursue a personal injury lawsuit to recover damages.
Immediately Following a Workplace Injury
A workplace accident can be terrifying. However, knowing what to do when an accident occurs is crucial.
The following are steps to take immediately after being hurt at work:
- Check for injuries and seek medical attention as soon as possible.
- Notify your employer as soon as possible of your injury. You only have 30 days to begin the process of filing a claim for workers’ compensation benefits.
- Complete a claim for workers’ compensation. This includes Filing Form 0-41 with the Texas Division of Workers’ Compensation.
An experienced attorney can walk you through the claims process or help you with a personal injury lawsuit if you are eligible to file one.
An Overview of Workers’ Compensation
Workers’ compensation in Texas is a type of insurance that operates on a no-fault basis. This allows injured workers to successfully file for workers’ compensation benefits even if they caused the accident.
If you are injured in a workplace accident in Texas, you have one year to file a workers’ compensation claim. If the deadline expires before you file your paperwork, your claim will likely be denied immediately.
Who Qualifies for Workers’ Comp Benefits?
If you sustain an injury or illness while working for a company that is subscribed to the Texas Workers’ Compensation System, you are eligible to receive workers’ compensation. However, Texas law does not require employers to carry workers’ compensation insurance.
Federal employees in Texas are not eligible for state workers’ compensation benefits. If a federal employee is injured, the Federal Employees’ Compensation Act provides coverage.
If you are injured at work, an experienced attorney can help you determine if you are eligible to file a claim.
Workers’ Compensation, Personal Injury Lawsuit, or Both?
Workers’ compensation benefits are available to all employees who work for subscribing employers. You can file a lawsuit against your employer if it has opted out of carrying workers’ comp insurance. Further, you may be able to file a lawsuit against any liable third parties.
The following are workers’ compensation benefits that may be available:
- Medical bills and related expenses
- Temporary wage benefits, typically 70 percent of your average weekly pay
- Supplemental wage benefits if you are disabled after reaching maximum medical improvement
- Permanent benefits that are typically 75 percent of your pre-injury wage if you are permanently disabled following your on-the-job accident
Importantly, you can collect workers’ compensation benefits while pursuing a lawsuit against a third party. This may occur if you were injured on the job as a result of defective equipment or machinery. In this instance, workers’ compensation benefits may be available, and you may also be entitled to compensation from the third-party manufacturer.
If you decide to pursue a personal injury claim, the following are damages that you may recover if you file a lawsuit:
- Medical expenses
- Lost wages and income
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Whether you are pursuing workers’ compensation benefits, a personal injury lawsuit, or both, an experienced attorney can help you recover compensation.
Contact Our Workplace Accident Law Firm in Fort Worth, TX
If you’ve been injured in an accident in Fort Worth and need legal help, contact our Fort Worth workplace accident lawyers at Stephens Law Personal Injury | Wrongful Death | Truck Accidents to schedule a free consultation.
Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 300
Fort Worth, TX 76107