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  • Writer's pictureClinton Morgan

Can I Sue My Employer If I Am Injured On The Job?

If you are injured on the job, in most cases, you will be limited to collecting workers' compensation and won't be able to sue your employer. However, some exceptions may apply to your case, which may allow you to either sue your employer or a third party that's responsible for your injuries. The ability to bring a lawsuit can enable you to collect a large amount of compensation for your economic and non-economic damages. The best way to find out if you can bring a legal claim for your injuries on the job is to contact an experienced Houston workplace injuries attorney that can thoroughly investigate your case. The Morgan Legal Group is the Texas personal injury firm that goes the extra mile, going up against insurance companies and large corporations on behalf of injured workers - call (713) 969-5026 to schedule a free consultation.

Workers Compensation In Texas

If you are covered by your employer's workers' compensation policy, you are entitled to collect reimbursement for your medical expenses and a portion of your lost earnings; however, these benefits are much less than you would be likely to recover in a lawsuit. In most states, workers' compensation is required, but in Texas, it's optional, so if your employer chose not to purchase this coverage, you can bring a lawsuit for negligence that may allow you to recover a much more considerable amount of compensation than you could with workers' compensation. This is especially true if you are seriously or catastrophically injured because a personal injury lawsuit allows you to make large claims for economic and non-economic damages such as:

  • State of the art out of network care;

  • Accommodations to your home and vehicle;

  • Home health care;

  • Lost earnings potential;

  • Pain;

  • Suffering;

  • Humiliation;

  • Disfigurement; and

  • Loss of Enjoyment of Life.

If your injuries are severe, receiving a large amount of money can help you regain control of your life and to feel optimistic about the future. That's why it's crucial to speak to an experienced Houston workplace injury attorney who can investigate your employer's insurance coverage to see whether you can sue rather than collect workers' compensation.

Third-Party Claims

If you are covered under your employer's workers' compensation policy, you cannot sue them directly, but it's worth investigating whether there is a third party whose negligence contributed to your injury. For example, if you are delivering goods for your employer and you are hit by another car, you can sue the negligent driver in addition to collecting workers' compensation. Another example is when an employee of a company not affiliated with your employer caused your injury, such as being injured by somebody delivering supplies to your worksite.

Third-party claims are complicated due to subrogation issues with the workers' compensation carrier and comparative negligence between your employer and the third party. For example, if you were injured by somebody delivering supplies to your worksite, but the accident was partially caused by the conditions at your workplace, or because you failed to follow a safety practice, you will need an experienced attorney to advocate for you and protect you from being blamed for causing the accident. That's why it's vital to hire an experienced Texas workplace personal injury attorney that can fight for you throughout Texas, including Corpus Christi, Abilene, San Angelo, and Sweetwater, and who can guide you through the process.

Houston Workplace Injury Attorney

If you've been injured on the job, it's helpful to investigate your case promptly so that deadlines are met, and evidence is preserved. Hiring an experienced Houston workplace injury attorney is the best way to uncover all the responsible parties and applicable insurance coverage available so that you can collect the largest amount of compensation possible for your injuries. Attorney Clinton Morgan, the founder of the Morgan Legal Group, has extensive experience investigating workplace accidents. The Morgan Legal Group leaves no stone unturned when representing workers injured on the job- call (713) 969-5026 to schedule a free consultation.

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