Suffering a workplace injury is difficult enough, but trying to get the compensation you deserve can be overwhelming. At the Law Office of Shane McClelland, we understand that this process may seem complicated and confusing. That’s why we’re here to simplify the process for you.
If your accident occurred at a construction site, in a warehouse, on the road, or in an office, understanding the difference between workers’ compensation and a personal injury claim could have a significant impact on your recovery and your future. A Texas workers’ comp and personal injury attorney at our firm can help you seek compensation. Call our team at the Law Office of Shane McClelland today at 713-597-4836 for a free consultation.
What Is Workers’ Compensation?
Workers’ compensation is a form of insurance that offers employees limited benefits following a work-related injury or illness. Texas does not require private employers to carry workers’ compensation insurance, which means some injured workers may need to explore other legal options.
In Texas, workers’ comp covers necessary medical treatment, partial wage replacement, and certain disability benefits. The primary benefit of workers’ comp is that you generally do not have to demonstrate that your company acted negligently to claim benefits. This applies even if you were responsible for your own injury, through carelessness or other causes.
However, workers’ comp comes with a catch. Your employer holding workers’ comp insurance means you typically cannot file a lawsuit against them for your injuries, regardless of their negligence. Your income benefits are limited, and you cannot recover damages for pain and suffering.
What Is a Personal Injury Claim?
A personal injury claim is a civil lawsuit you can file to seek maximum financial recovery from the person or company whose negligence harmed you. You usually hear about personal injury in the context of auto accidents or slip-and-fall injuries, but it also applies to workplace cases in certain situations. For instance, you may be able to file a personal injury claim when your employer lacks workers’ comp insurance or if a third party was responsible for your injury.
In contrast to workers’ comp, which you can receive without demonstrating negligence, a personal injury claim requires that you prove that someone was at fault. However, if you can do that, you may be eligible to receive much more than medical expenses and a percentage of your lost wages. You may be entitled to:
- Full wage replacement
- Damages for emotional distress and pain, and suffering
Which Option Is Right for Me?
If your employer has workers’ comp insurance and you were performing your job duties when injured, a workers’ comp claim will probably resolve your case the fastest. At the very least, you should be able to get medical coverage and partial wage replacement.
Personal Injury Claims
If your employer does not have workers’ comp insurance (or if a third party was negligent and caused the injury), filing a personal injury claim may be the only legal option. A personal injury claim enables you to claim higher compensation amounts that cover pain and suffering. In some cases, it is possible to file both.
At the Law Office of Shane McClelland, we can explain your options and help you decide which path is most advantageous in your particular situation.
Contact the Law Office of Shane McClelland
Don’t leave your future in the hands of the insurance company. If you’ve been injured on the job, you may be entitled to more money than you think. Call the Law Office of Shane McClelland at 713-597-4836 today for a free consultation.
