Can I sue my employer for a work injury?
It depends. Are you 100% certain that your employer subscribes to the state-run workers’ compensation program? If you’ve verified with the Texas Department of insurance that they do, then the only way you can sue is if the accident resulted in death and was caused by “gross negligence.” Otherwise, your only option to recover compensation would be through a workers’ comp claim.
It’s important to note that if you’ve been in an on-the-job accident, you cannot take your employer’s word on anything. Talk to an attorney to get a true understanding of your options. The call is free, and we will never notify your employer. Call us anytime at (214) 651-6100.
What is workers' compensation?
Workers’ compensation (often referred to as “worker’s compensation,” “workers comp,” or workman’s comp”) is a state-run, no-fault insurance program which provides injured employees with certain benefits, including partial reimbursement for lost wages. While this seems like a noble effort to help those injured in workplace accidents, it’s almost never enough to cover your true losses. Why should you accept less than 100% of your lost wages due to an accident that wasn’t your fault?
Employers like workers’ compensation insurance because it effectively shields them from personal injury and wrongful death lawsuits. If your employer has workers’ comp, you cannot sue them. Your only option is to go through the workers’ compensation claims process (except if gross negligence was involved). Texas is unique in that it allows employers to “opt-out” of the workers’ compensation program. Many employers will opt out, and then enact a program disguised to look like workers’ compensation in an attempt to fool their employees into thinking that they cannot sue. The best way to determine the status of your employer, and thus your legal options, is by calling a law firm who can verify with the Texas Department of Insurance.
Rasansky | McKenzie Law can do this for you. Call us today at (214) 651-6100.
Am I an employee or an independent contractor?
There’s a lot of confusion (and misinformation) about employment status in Texas. It is important to note that just because you work on-site on a daily basis doesn’t mean that you are a full-fledged employee. Likewise, just because your boss tells you that you’re a contractor doesn’t mean that you are an independent contractor in the eyes of the law.
An employee is someone who works for an employer and has a set of work instructions and rules that they adhere to. A contractor on the other hand is someone who isn’t explicitly employed by the employer, and someone who dictates for themselves their work tasks as well as supervises themselves.
As an employee, you may be eligible for certain benefits as well as receive compensation if you’ve been injured at work (as long as your employer subscribes to workers’ compensation; something that Texas doesn’t require employers to carry). Contractors, by virtue of not being employed by their superiors, may not qualify for a workers’ comp claim.
That being said, both employees and contractors who’ve been injured on the job may still be able to file a negligence lawsuit in order to seek compensation for their injuries. Additionally, if the injury was caused by a defective product, you may also have a valid product liability claim.
Want to know your legal options? Call us at (214) 651-6100 or email us using the contact form on this page for a free consultation.
Can I be fired for filing a work accident claim?
There’s a lot of confusion (and misinformation) about employment status in Texas. It is important to note that just because you work on-site on a daily basis doesn’t mean that you are a full-fledged employee. Likewise, just because your boss tells you that you’re a contractor doesn’t mean that you are an independent contractor in the eyes of the law.
An employee is someone who works for an employer and has a set of work instructions and rules that they adhere to. A contractor on the other hand is someone who isn’t explicitly employed by the employer, and someone who dictates for themselves their work tasks as well as supervises themselves.
As an employee, you may be eligible for certain benefits as well as receive compensation if you’ve been injured at work (as long as your employer subscribes to workers’ compensation; something that Texas doesn’t require employers to carry). Contractors, by virtue of not being employed by their superiors, may not qualify for a workers’ comp claim.
That being said, both employees and contractors who’ve been injured on the job may still be able to file a negligence lawsuit in order to seek compensation for their injuries. Additionally, if the injury was caused by a defective product, you may also have a valid product liability claim.
Want to know your legal options? Call us at (214) 651-6100 or email us using the contact form on this page for a free consultation.
Should I wait for OSHA to finish their investigation?
It is not necessary or even advisable to wait until OSHA finishes their investigation to gather necessary information related to a work accident case. In fact, you should begin gathering information and speaking with attorneys immediately after the accident!
Building your case is important and needs to be done as soon as possible. If you wait for OSHA to finish their investigation (which can take up to six months), you run the risk of potential witnesses forgetting very important information, video evidence being erased, etc, etc…
If an attorney is willing to take on your case, request that they send a spoliation letter to the employer immediately, and allow your legal team to start collecting evidence and building your case. You can be sure that the employer and their insurance company are already working on their defense, and waiting only puts you at a disadvantage right from the start.