November 02, 2017
When it comes to workplace injuries, there is a great deal of misinformation circulating in our society. As employees, we have many questions and, in some cases, they’re questions we’re afraid to ask. If I’m injured at work do I get paid? When I am injured at work what are my rights? Below, we’ll answer those questions and more, hoping to give you a better understanding of the rights of injured workers in Texas.
Who Pays for Medical Treatment?
In cases where you are injured on the job and your employer has Texas Workers’ Compensation, you have certain rights to medical treatment and lost wage payments while you are out of work. Again, if you employer has Texas Workers’ Compensation coverage, generally, you cannot sue them for failing to provide a reasonably safe work place. Your exclusive remedy is Worker’s compensation and will be subject to Texas Worker’s Compensation laws. On the other hand, approximately one-third of Texas employers are Non-Subscribers(Do not have Texas Worker’s Compensation) and instead, to control the costs associated with injury claims, have elected to purchase a policy that covers employee work injuries. In these cases, an injured worker can file a lawsuit or an arbitration in order to pursue a claim against a negligent employer. Surprisingly, there are several well-known companies in Texas that at Non-Subscribers.
What About My Lost Work Hours?
Another area of concern for employees is lost wages with many people wondering “am I entitled to full pay if injured at work?” This is a sensitive area and many people never get an answer to this concern, until they’re faced with a real possibility of lost wages. Typically, employees won’t receive the equivalent of their full pay via worker’s compensation or non-subscriber plan benefits, but they will receive a portion of their wages. That percentage could vary based on type of case, whether worker’s compensation or a non-subscriber, and the time of policy involved.
Can I Sue My Employer for Negligence?
Generally speaking and as mentioned above, if an employer has Texas Worker’s Compensation, you cannot sue him unless the injury resulted from higher level of negligent conduct. A personal injury attorney could evaluate your case and determine if the facts in your case give rise to lawsuit even though your employer has Worker’s Compensation.
On the other hand, if your employer is a Non-Subscriber and you injury resulted from your employer’s failure to provide a safe work place, you may have a right to file a lawsuit to recover damages you have suffered as a result of your injury. Each case is different and just because your employer is telling you that you were responsible for causing your injury, only a work-injury attorney would be able to tell you if you have a case. Other factors that you may consider are whether there is a potential third party that could be responsible for your injury. If your injury involved equipment or tool failure, you may have a potential case against the manufacturer of the product.
If your injury involved an employee or agent of another company, you may have a claim against that company.
If you have been injured in a workplace accident and feel overwhelmed by the process, consider consulting an experienced attorney from Sandoval & Waldman, PLLC. The consultation comes with no obligation and, a conversation with one of our attorneys can shed a light on your unique circumstances.
You have rights and I can help you protect them. Call Hector Sandoval at Sandoval & Waldman, PLLC at 713-6898-4878.