Which Work Injury Claim Should You File?

Sustaining an injury at work can be stressful, especially if you are unsure how your injury will impact your future. Understanding your legal rights can help you prepare for any obstacles you may encounter to ensure you receive the best possible outcome after filing an injury claim.

There are two avenues in which you can pursue compensation after a workplace injury — workers’ compensation and personal injury. While you may be eligible to file for both, it’s essential to know the differences.

Workers’ Compensation

In Texas, workers’ compensation is insurance your employer may choose to carry but is not required in most cases. A workers’ compensation policy covers medical expenses, lost wages, and other costs relating to your injury. Workers’ compensation is filed as a no-fault claim. This means that you cannot hold your employer responsible for your injuries and sue your employer for your injuries in the future once you file a workers’ compensation claim and receive benefits. However, there are special circumstances in which an employer may be sued, such as a fatality that resulted from an employer’s gross negligence.

Personal Injury Claims

If your employer does not carry workers’ compensation insurance, you can proceed with a personal injury lawsuit. Personal injury lawsuits can offer more money than a workers’ compensation claim may provide. Workers’ compensation limits coverage to economic damages only, such as loss of work and medical costs. However, in addition to economic damages, a personal injury claim allows for non-economic damages such as pain and suffering and emotional distress.

How to Get Started with a Work Injury Claim

If you were injured at work and want to explore your options, Bandas Law Firm, P.C. is here for you. We are prepared to guide you through each step of the process, so you can learn what to expect. When it comes to protecting your rights and holding responsible parties accountable for their careless actions, our team of experienced attorneys will be in your corner fighting for the maximum compensation you deserve.