No matter the type of work you do, getting seriously injured on the job can leave you with significant physical limitations, emotional trauma, and financial setbacks. Workers’ compensation can sometimes help cover some of these losses, but the coverage offered from this program is usually far from enough.
Fortunately, this is where a Leander workplace injury lawyer can step in to help. Depending on your circumstances, you may have a right to pursue more comprehensive restitution through third-party litigation after being hurt at work, and guidance from a seasoned personal injury attorney can be absolutely vital to getting a positive case result.
A worker’s right to file suit over a workplace injury in Texas depends primarily on two things: whether they can prove someone else was legally negligent, and to a lesser extent whether they have workers’ compensation coverage through their employer. Since workplace injury lawsuits are a form of a personal injury claim, they are almost always built around the legal theory of negligence. In order for this type of claim to proceed, a plaintiff needs to demonstrate that:
However, there are some exceptions to this rule of thumb. For example, there are some situations where product manufacturers may hold strict liability for injuries workers suffer by using defective tools or machinery, making a negligence-based claim unnecessary.
Notably, if an injured employee is covered by workers’ comp, they cannot simultaneously file a civil claim against their employer. However, if an injured employee does not have worker’s compensation coverage, they can work with a skilled Leander lawyer to start filing their claim.
Unlike workers’ comp, which only repays for certain economic losses like medical bills and some lost income from time missed at work, a civil lawsuit or private settlement demand based on a workplace accident can demand restitution for all of a plaintiff’s economic and non-economic losses, such as emergency medical bills, the cost of long-term rehabilitative care, emotional trauma, reduced working capacity, and more.
However, even if a work-related injury has lifelong consequences, state law generally prohibits prospective plaintiffs from waiting longer than two years after initially getting hurt to begin the litigation process. For this reason and several others, contacting a seasoned lawyer should be a top priority after a workplace injury in Leander.
Injuries at work can be disruptive to every part of your personal and professional life, especially if you fail to take full advantage of your right to pursue civil recovery afterwards. Throughout this sort of case, support from an experienced legal professional can be invaluable not just to maximizing available compensation, but often to getting any compensation at all.
A Leander workplace injury lawyer can discuss your options with you in detail during a private consultation. Reach out today to get started on your case.