Types of Compensation After a Workplace Injury
Written by AskTheLawyers.com™ on behalf of Sean A. Koch with Law Office of Bruce A. Ralston.
The majority of workplace injuries are minor, but when someone suffers a serious injury at work, there are a variety of avenues through which they may be eligible to pursue compensation. An injured worker’s opportunities for compensation may vary depending on when, where, and how the injury occurred. If you or a loved one were injured in a workplace accident, reach out to a workplace injury attorney to discuss your options for physical and financial recovery.
Methods of recovery after a workplace injury may include the following:
- Workers’ Compensation: Workers’ compensation, commonly referred to as “workers’ comp”, is a type of insurance that most employers are required to carry. This insurance is designed to compensate workers injured in the course of their job for basic medical expenses and wages lost during their recovery. In most cases, workers’ comp also protects employers from liability. Except in cases where negligence contributed to or caused the injury, a worker receiving workers’ comp benefits is not eligible to file a claim against their employer. Texas is the only state which does not require employers to purchase workers’ comp insurance, but many choose to do so anyway or may purchase an alternate type of injured worker insurance. If an employer does not offer workers’ comp or injured worker insurance, the injured party may then be eligible to file a personal injury claim.
- Employer Liability Claim: An employer liability claim is a type of personal injury lawsuit in which the worker in question was injured due to negligence on the part of the employer. Employers are required to provide reasonably safe environments for their workers. When an employer fails to follow, train for, and enforce industry safety regulations and an injury occurs, the employer may be considered liable and the injured party may be eligible to seek compensation in an employer liability claim. In this situation, the worker may be eligible to receive workers’ comp benefits at the same time as pursuing a lawsuit against the employer. Compensable damages in an employer liability claim tend to be much broader and may include past and future medical bills, lost wages and/or impairment of earning capacity, pain and suffering, and more.
- Third-Party Liability Claim: A third-party claim may exist when someone other than the employer and the worker may be fully or partially responsible for the worker’s injuries. This situation may occur when a driver strikes an employee while they are on the job or a piece of equipment from a rental company malfunctions causing an injury. In these situations, the injured worker may be eligible to receive workers’ comp benefits in addition to the same damages in a third-party claim which could be pursued in an employer liability claim.
To learn more about options for compensation after a workplace accident, talk to a workplace injury attorney sooner rather than later.