Many Texans spend the majority of their time at work. As a result, San Antonio workplace accidents are very common, even for those with jobs that are not physically demanding. Indeed, an on-the-job accident can occur at any moment, and for almost any reason. Thus, all employees need to understand their options when it comes to recovering after a work-related accident.
There are two types of claims that a worker can bring after an on-the-job accident. The first, a workers’ compensation claim, is the more common of the two types of claims. The workers’ compensation system provides employees a simplified way to obtain compensation for a work-related accident without needing to prove that their employer was at fault. Because the workers’ compensation program is a no-fault system, these claims are typically quicker to process than traditional personal injury claims.
The main drawback of workers’ compensation claims is the availability of damages. Injured employees who successfully bring a Texas workers’ compensation claim can obtain benefits for their medical expenses, lost wages, and any decrease in earning capacity. However, unlike a personal injury case, a workers’ comp claim does not entitle an employee to non-economic damages.
The second option for injured workers is to bring a Texas personal injury claim. Unlike a workers’ compensation claim, a personal injury claim requires the employee to prove that another party was negligent, and that the other party’s negligence was the cause of their injuries. Additionally, injured workers cannot typically bring a personal injury claim against their employer, as a workers’ compensation claim is seen as an injured employee’s sole remedy in most 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.
Determining which type of workplace injury claim to bring is not always a straightforward decision, and in some cases, it may be possible to bring both types of claims at once. While workers’ compensation claims are typically seen as easier to prove, even these cases can present hurdles for accident victims. For example, an employer or their insurance company may dispute the extent of an injured worker’s injuries, or argue that their condition was not related to their employment. Those injured in a workplace accident should reach out to a dedicated San Antonino personal injury lawyer for immediate assistance.
Have You Been Injured in a San Antonio Workplace Accident?
If you or a loved one has recently been injured in a San Antonio work-related accident, contact the dedicated personal injury lawyers at Carabin Shaw. At Carabin Shaw, we have extensive experience helping injured workers and their families recover financial compensation after being involved in serious accidents. Our dedicated team of attorneys understands the challenges on-the-job accidents present, and we are prepared to help you overcome these hurdles. To learn more, and to schedule a free consultation today, call 800-862-1260. Calling is free, and we will not send you a bill for our services unless we can help you recover for your injuries.