How workplace injury cases work in Texas

On Behalf of | Aug 9, 2021 | Uncategorized

Industries and workplaces in Texas have taken the appropriate steps to ensure the safety of their workers. However, workplace injuries still occur that threaten workers’ health and livelihood. If you have been a victim of such injuries, here’s what you need to know about how such cases work in Texas.

Personal injuries laws in Texas

Under the Texas labor code, an employee that’s hurt in their line of work has a claim on workers’ comp. However, there are some limitations to this law. They include:

  • You have a deadline of two years from the date of your injury to file a lawsuit against your employer or whoever’s responsible. If you don’t adhere to this timeline, then the court would probably not hear your case.
  • If that injury occurred partly due to your negligence, then the rules change. The Texas civil court will reduce the amount of compensation you are entitled to by the percentage of your fault.
  • Suppose you or your employer are not at fault for your injuries. In that case, you can pursue a compensation claim from the third party responsible—for example, a manufacturer of the defective tool or equipment you used and any other person.
  • It is also important to note that there are caps to the amount of compensation you will receive if you succeed in your case. But, with a good lawyer and the type of injury you obtained, the caps might not apply to you.

What happens if you have worker’s compensation insurance?

If you have worker’s compensation insurance in Texas, you are waiving your right to file a lawsuit against your employer in the event of injury. The good thing about this insurance is that it is a no-fault system. You don’t need to prove that you were negligent or not, all you have to show is that you hurt yourself while working or the injury is work-related, and you will receive your compensation.

Texas laws don’t compel anyone to buy worker’s compensation insurance. If you are an employee, if you get hurt, you can file a lawsuit against your employer to receive all the compensation you are entitled to. On the other hand, if you are an employer without this insurance, you will be held responsible for any injuries that your employees might get in the line of work.