If you were recently hurt on the job, you may find yourself dealing not only with expensive medical bills but also many other financial and personal losses. Fortunately, you may be able to file suit and recover compensation for those damages if you can prove that either a third party or your own employer acted negligently and caused the accident that harmed you.
In order to better understand your legal rights and options, it may be worth talking to a Killeen workplace injury lawyer. Once retained, a qualified personal injury attorney can work on your behalf to catalogue your injuries and losses, collect evidence to prove civil liability, and pursue appropriate financial restitution.
While Texas does maintain a workers’ compensation system, it does not require employers to “subscribe” to it like most other states do. Accordingly, employees of non-subscribing employers can only recover compensation from their employers following an accident by filing a lawsuit against them, alleging some form of negligence.
Third-party lawsuits can also be filed if anyone other than an employer causes a workplace accident, regardless of whether the injured worker’s employer provides workers’ compensation insurance coverage. A variety of different third places could bear liability for a workplace injury, including:
Regardless of the specific defendant, third-party lawsuits for workplace injuries typically the plaintiff to show that the defendant violated a duty of care they owed them and, in doing so, directly caused them to be injured while on the job. A knowledgeable Killeen workplace accident attorney can provide further guidance about who may be liable for a particular accident and subsequent losses.
The upside to third-party lawsuits as opposed to workers’ compensation claims following a workplace injury is that there are no limits on what damages an injured worker can pursue compensation for. While workers’ comp typically only provides restitution for medical expenses, a percentage of lost wages, and occasionally disability benefits, civil plaintiffs can seek recovery for every economic and non-economic form of harm their accident caused.
Depending on the circumstances, a workplace accident lawyer in Killeen may be able to help an injured worker pursue compensation for not only medical bills and income losses, but also subjective damages like loss of enjoyment of life, loss of consortium, and physical pain and suffering. The long-term effects of a permanent disability and disfigurement can also be factored into a settlement demand or court case.
That being said since these lawsuits are civil claims, the standard statute of limitations for personal injury lawsuits limits how long a plaintiff has to file suit. As per Texas Civil Practices & Remedies Code, injured parties filing suit against a negligent third party generally only have two years following their accident to get their case started, or they may be ineligible to recover any compensation at all.
Workplace injuries can sometimes be tricky to recover compensation for, since you may have to use different legal processes to seek recovery depending on the circumstances. If you need to file a lawsuit against either your employer or a third party, seeking dedicated legal help is a virtual necessity if you want your case to have a favorable resolution.
Working with a Killeen workplace injury lawyer can help you better understand the possibilities in your claim and significantly increase your chances of a positive case result. Call today to schedule a consultation.