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Can I File a Personal Injury Claim for a Work Accident?

Getting hurt at work can lead to complicated legal questions regarding workers compensation laws and when you can move past them to file a personal injury claim for greater damages. To navigate these treacherous waters, you may need a personal injury lawyer who understands the subtleties of Texas law.

At the Colley Firm, PC, we pride ourselves on our resources and experience with work-related personal injury cases.

What Workers Compensation ‘Covers’

Workers compensation only covers some of your costs when you get injured—and not very many. Of those it does cover, the funds provided generally fall far short of the total you’ll have to pay. It’s run and regulated by the Texas Department of Insurance’s Division of Workers' Compensation, which doesn’t require employers to carry work comp as long as they can afford personal insurance.

In theory, workers comp is intended to provide certain benefits, including limited reimbursements for lost wages, medical expenses, and benefits for family in the case of death.

The incidents workers comp doesn’t cover include those caused by the following:

  • Intoxication
  • Roughhousing or unprofessional activities and actions
  • Self-inflicted injuries
  • Off-duty events sponsored by the employer
  • Terrorism or other attacks
  • Acts of God

Avoiding Workers Comp Barriers

There are a few situations in which someone can file a personal injury lawsuit against the at-fault party in an on-the-job accident. These include when the accident, injuries, and other damages caused are due to special circumstances, such as:

  • If the accident was due to a third party, whether it’s a piece of equipment or someone other than the employer
  • If the employer doesn’t carry workers comp insurance coverage and relies on a private insurer
  • If the employer was extremely negligent in rules, safety practices, or the enforcement of either

More Than Workers Compensation

When we can get past the confines of workers compensation laws, we can claim a much wider and often more important set of personal injury damages. These can include the following:

  • Immediate and forecasted medical expenses, including hospitalizations, medications, prosthetics, and in-home medical equipment
  • Current and projected income loss or diminishment due to an inability to work the same hours or even the same job
  • Pain and suffering caused during the accident and your recovery
  • Emotional distress due to changes in lifestyle, such as the loss of your career or permanent disabilities
  • Disability modifications to your home and vehicle
  • Punitive damages for egregious negligence or apparent malice
  • Property damage
  • Wrongful death

Get in Touch with a Personal Injury Lawyer

To find out whether you can file a personal injury claim for your workplace accident, you can schedule a free, no-obligation case consultation with our team at the Colley Firm, PC. Call us at 1-877-411-2001 or fill out the online contact form at the bottom of the page.