Weslaco Work Injury Lawyer
After a work injury, there are two main ways to receive the compensation you need: workers compensation benefits or a personal injury claim. A Weslaco work injury attorney can help you with both.
While workers compensation may appear to be a helpful way to protect injured workers’ finances, it’s sometimes unable to sufficiently provide for your various needs in the long term. Many accident victims don’t realize that there may be another way to receive compensation: filing a personal injury claim.
However, filing a personal injury claim for a workplace accident is tricky and only possible under the right circumstances. For help, contact a Weslaco work injury lawyer at J.A. Davis & Associates, LLP today.
Can I File a Personal Injury Claim?
In Texas, personal injury claims related to workplace accidents cannot be filed under certain circumstances. For instance, accepting a workers comp offer may bar you from receiving additional compensation from your employer. Also, you can only directly sue your employer in a handful of scenarios.
The following is a look at the situations in which your Weslaco workplace injury may qualify for personal injury compensation instead of workers comp:
- Your employer refused to take adequate safety measures to prevent a serious safety risk.
- Your employer purposefully harmed you.
- You were hurt because you were exposed to a toxic substance.
- Your injuries were the result of a product malfunction, such as defective brakes on a work vehicle.
- Your Weslaco employer doesn’t purchase work comp insurance.
- Your injuries were caused by a third party other than your employer.
If any of the above situations is similar to yours, you and your Weslaco workplace injury attorney will still need to gather sufficient evidence to prove the facts of your claim and fight for the compensation you deserve.
A Look at Workers Comp
Texas is the only state that doesn’t mandate that employers provide their employees with workers comp insurance. Most private employers do carry workers comp, however, because skipping it exposes them to tremendous liability. Still, you should be prepared for the possibility that you are not covered by work comp.
All workplace injury victims in Texas are provided with a number of rights, including the right to counsel, the right to proper medical care, the right to choose a physician, the right to adequate compensation, and the right for any and all claims to be kept confidential.
Employers must also report all injuries to Texas’ Division of Workers’ Compensation, regardless of whether they actually provide coverage.
Because the caps on the amount of compensation you can receive from a workers comp claim are fairly low, many Weslaco work injury victims prefer to pursue compensation in court, given that their situation allows for it.
However, workers comp is better than no compensation at all. In cases involving serious injuries, it can be vital to your survival.
Personal Injury Compensation for Weslaco Workplace Accidents
While injuries are usually not too hard to identify, many injury victims are unsure of which damages they should list in their personal injury claim. Really, it’s simple. Any negative effect your accident has had on your life should be accounted for.
Some examples of specific damages include the following:
- Medical expenses
- Lost wages or earning potential
- Pain and suffering
- Emotional distress
- Lost enjoyment of life
- Loss of consortium
- Scarring or disfigurement
Call a Weslaco Work Injury Attorney
If you’ve been injured at work, it can be tempting to simply accept what you’re offered through workers comp and not cause your employer any further trouble. In many cases, however, what you’re told you’re entitled to isn’t going to be sufficient for your needs, which makes it hard to make a full physical, emotional, and financial recovery.
A Weslaco work injury lawyer at J.A. Davis & Associates, LLP can help ensure that you receive all the compensation you need. Call us today at 210-732-1062 or fill out the online contact form below for a free, no-obligation case consultation.