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Suing Outside of Workers' Compensation

If you have been a victim of workplace injury in the state of Texas, don’t try to handle the ensuing events on your own and don’t settle before exploring the options available to you. The well-trained Texas workplace injury lawyers from Arnold & Itkin are proven assets in dealing with the situations surrounding accidents on the job.

Don’t Automatically Settle for Workers’ Compensation

Workers’ compensation is a state-regulated insurance program which pays medical bills and replaces a portion of lost wages for employees injured on the job. It may not cover everything involved in your injury.

For example, workers’ compensation will not cover the following:

  • Lost earnings
  • Lost earning capacity
  • Permanent impairment
  • Pain and suffering
  • Loss of enjoyment of life

And, if you choose workers’ compensation, you forfeit your right to sue your employer or coworkers. It will only cover weekly compensation, permanent impairment benefits, medical bills, and vocational rehabilitation.

Do All Employers Carry Workers’ Comp Insurance?

Unique to the state of Texas, employers located in Texas do not have to carry workers’ compensation insurance. If they do choose to carry workers’ compensation insurance, they may do either of the following:

  • Purchase insurance from private insurance companies; or
  • Self-insure, if they meet the requirements of the Texas Workers’ Compensation Act and are certified by the Texas Department of Insurance

This can become complicated if you do not have a lawyer specialized in Texas laws for work-related injuries.

Suing Outside of Worker’s Compensation

Certain situations may enable you to sue outside of workers’ compensation for damages due to your injuries.

These five exceptions are an example:

  • Defective Product Injury – You may be able to sue the manufacturer of the product.
  • Toxic Substance Injury – You may be able to sue the manufacturer of the toxic substance.
  • Third Party Injury – You may be able to sue an individual / outside party for personal injury.
  • Employer’s Intentional or Egregious Conduct – You may be able to sue your employer for personal injury.
  • Employer Without Workers’ Compensation Insurance – You may be able to collect money from the state.

Why Hire a Texas Workplace Injury Attorney?

Texas is the leading state in workplace fatalities, with 493 fatal work injuries in 2013 and 536 the year before. With statistics like that, you want someone you can trust to get you the complete recovery you deserve. Arnold & Itkin has recovered over $1 billion in 5 years for our clients. Our Houston workplace injury attorneys are dedicated to obtaining full compensation for workers and their families and are skilled in navigating the complicated processes involved in both workers’ compensation and third party claims.

From plant and refinery accidents to oil rig explosions to trucking accidents, our firm knows how to handle a broad range of cases. You can be confident that whether your case falls under workers’ compensation or general litigation, the Texas workplace injury lawyers at Arnold & Itkin are prepared to help.

If you have been told your case falls under workers’ compensation, but know your personal damages are greater than what that compensation will cover, contact workplace injury attorneys at Arnold & Itkin.

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