Compensation for On the Job Injuries
Typically, when workers are hurt on the job in the course of their employment, the injuries will be compensated by workers’ compensation insurance if their employers are in the system. Workers’ comp is a state administered business insurance program that provides benefits to employees who suffer work-related injuries or illnesses. Medical expenses and lost wages are among the benefits provided by workers’ comp.
Should you be hurt in a car accident on the job in which you or a co-worker were at fault, likely it will be workers’ compensation that provides you with benefits if your employer is covered. But if you’re injured in an auto wreck that meets neither of those criteria, it could be that you can sue a third party. You need an experienced personal injury attorney that can analyze the facts of your case, maximize your potential recovery, and protect your legal claims.
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Workers’ Compensation in Texas
Unlike other states, employers in Texas are not required by law to carry workers’ compensation insurance. Many do, however, because the workers’ comp laws put a limit on the amount and type of compensation employees hurt or sickened on the job can receive. Employers who aren’t covered are called “non-subscribers.” Those who opt out of workers’ comp coverage don’t have the same protection from lawsuits filed by injured workers.
Understanding your employer’s status and the interplay of possible third-party liability is why you need our personal injury lawyers. For example, we can help protect any third-party settlement from possible subrogation from another party in the matter. Subrogation can occur when workers’ comp, for example, pays your claim, and then steps into your shoes to sue another responsible party or when you make a settlement with a third party and workers’ comp wants to be paid back for any benefits it provided.
If your employer is covered by workers’ comp insurance and you have work-related auto accident injuries, your lost wages and medical claims will be paid by workers’ comp. This will be the case even if you or a co-worker were at fault for the accident. Workers’ comp will also pay your claims if a third-party is at fault, even though there is also claim you can make against the negligent party.
Why would you make an additional claim if workers’ comp is paying? Because workers’ comp benefits are limited. So, if you’re damages are $50,000, but you can only receive $30,000 in workers’ comp, the difference needs to be made up. The problem arises when you settle with the third party and workers’ comp wants paid back.
When you have a work-related car accident attorney from Begum Law Firm on your case, you may be able to keep more of any third-party compensation.
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Claims Outside of Workers’ Comp
Now, if you have a car accident while traveling for work and your employer doesn’t have workers’ comp, you can sue your employer if there is a way to show liability. For example, if you’re driving a company car that hasn’t been properly maintained and you wreck, that may result in a claim against the employer. Or, if a co-worker is driving while you’re transporting goods for your employer, and he runs a stop sign and causes an accident, there would be a claim against the employer.
Third party claims refer to those made against someone other than your employer. An example would be that you’re on your sales route when you’re hit by a drunk driver. The negligent driver would be liable for your injuries. In some situations, you might even have a claim against parties such as a negligent auto service provider, manufacturer, or an entity that caused a poor road condition.
Understand that when your employer is a non-subscriber, and there is no potential third-party claim, the issue of possible compensation could come back to your own auto and health insurance.
The bottom line is that issues of fault and liability are often very complex, especially when considering the workers’ comp, the lack of it, or if some other negligent party is involved. Don’t try to sort through these complexities alone. The Law Giant can help.
Hurt in a Car Accident While Working? Contact a Brownsville Work-Related Car Accident Attorney
Being in a car accident can lead to serious injuries, loss time from work, and financial stress. If you were working at the time, the issues of liability and who’s going to compensate you for your injuries becomes complicated. Don’t despair. The experienced worker injury and car accident attorneys at Begum Law Group can take the stress of figuring out the legal matters from you so you can concentrate on getting better and returning to work. With an attorney, you can maximize your recovery and protect it from possible subrogation claims.