When you get hurt at work, you can get workers’ compensation. If someone or something else helped cause your injury, you may be able to sue them for compensation. This is called a third-party personal injury claim, and it can be a good way to recover damages after an accident. An experienced San Antonio, Texas work injury lawyer can tell you when such a claim should be filed.
When Should I File a Third-Party Personal Injury Claim?
You should file a third-party personal injury claim when you were injured at work, but something else contributed to it. Let’s say that you are making a work-related trip, like going out to make deliveries. Your vehicle gets hit by a drunk driver and you get injured. You can get workers’ compensation, but you can also sue the driver who caused your accident. The claims both proceed at their own rate and you can actually win both of them.
What If My Employer Doesn’t Have Workers’ Compensation Insurance?
Texas does not require employers to carry workers’ compensation insurance. What this means is that if you get hurt on the job, the only way to reclaim any damages may be through a third-party personal injury claim. A lawyer from our firm can take a closer look at your circumstances and help you figure out the best path forward.
Which Awards More Damages, Workers’ Comp or a Third-Party Personal Injury Claim?
Workers’ compensation is only meant to reimburse you for the actual expenses incurred due to the accident. A successful claim pays out “economic” damages meant to cover things like medical bills, lost wages, and the cost of future medical care.
A third-party personal injury claim also allows you to claim non-economic damages. This means that your compensation can make up for things like loss of enjoyment, psychological trauma, and any other pain and suffering you have experienced. This could mean that your third-party claim can help you secure more compensation than you could if you only filed a workers’ compensation claim,
Do I Need a Personal Injury Attorney?
You are not required to hire an attorney, but one can do a lot to help you with your case. A personal injury lawyer can:
- Handle all communications with lawyers and insurance companies for you
- Gather evidence needed to show negligence of other parties
- Calculate fair compensation
- Prepare you for testimony or depositions
- Protect you from accusations of fault or wrongdoing
- Keep you updated about your case
- Remind you of important dates and deadlines
- Make a case that can win in court, if necessary
We can advocate for you and help you fight for the best possible outcome at every turn.
Schedule Your Consultation
If you are ready to file a workers’ compensation claim or a third-party personal injury claim, we’re ready to help you. Contact Sahadi Legal Group and schedule a free consultation.
