What Is the Difference Between Workers’ Comp and Employer’s Liability?

After an injury at work, two different legal options may be available. The simplest is a workers’ compensation claim. This is a no-fault insurance process. Your other option could be a liability claim against your employer, depending on the circumstances of your accident. It is important to explore both options with a workplace accident attorney in Houston. Otherwise, you may settle for less than your claim is worth.

Workers’ compensation is an insurance program that allows covered employees to seek insurance benefits for their medical bills and lost wages without having to prove anyone’s fault for the accident. Texas is the only state that does not make workers’ compensation insurance mandatory for employers. If your employer does have workers’ compensation insurance, you can use this policy to seek financial benefits for your losses after an occupational injury or illness.

To file a workers’ compensation claim, report your injury to your employer within 30 days of the accident. Your employer should follow up by filing a claim with its insurance provider. The insurance company will review your case and either accept or deny benefits. For the most part, workers’ compensation insurance will cover any injury or illness suffered while performing job-related tasks. If you have a successful workers’ compensation insurance claim, you will receive money for your full medical costs as well as about two-thirds of any lost wages.

You will not need to prove anyone else’s negligence to qualify for workers’ compensation benefits if your employer has this type of insurance in Texas. In exchange for no-fault benefits and a simple claims process, however, you give up your right to sue your employer. By agreeing to accept a workers’ compensation settlement, you forfeit your right to hold your employer liable for your accident. It is important, therefore, to review your other options with a lawyer before settling.

A liability claim against your employer in Houston might be a better option in a few scenarios. It could be your only choice if your employer does not carry workers’ compensation insurance. It might also be a better choice if your employer negligently caused your accident and injury. If you have proof of an employer’s negligence, a liability lawsuit could result in greater financial compensation than workers’ comp. A successful lawsuit could repay you for 100% of your lost wages, for example, as well as pain and suffering damages.

Finally, you may wish to file a liability claim for your workplace accident if a workers’ compensation insurance company is not handling the case in good faith. If the insurer is denying liability for your injuries or offering less than you require, for instance, you may need to bring a lawsuit to achieve a fair recovery. A personal injury lawyer in Houston can review your particular case and give you advice on whether you should pursue a workers’ comp claim or an employer liability lawsuit.

If you have grounds for a liability claim, you or your lawyer will determine fault for your accident. Fault will go to the party that owed you a duty of care, breached this duty and caused your accident. The at-fault party might be your employer, a coworker, a contractor, a product manufacturer, a property owner or another party. Then, your lawyer will file a claim with the civil courts in your county that demands fair compensation for your losses. Your case will either resolve during pretrial negotiations or go to trial.

After any injury or illness in the workplace in Houston, contact an attorney for an overview of your options. Choosing the right course of action is the only way to recover fair compensation.

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