Extra Recovery Beyond Workers Compensation in Workplace Accidents
About a century ago, when factories and other workplaces were far more dangerous than they are today, state legislatures across the United States passed what was then known as workman’s compensation laws to help injured employees recover lost income and medical treatment for injuries suffered at work. The workers’ compensation system was and remains intended to serve as a streamlined means of protecting injured employees — while it is not necessary to prove negligence on the part of an employer or coworker, neither are many elements of personal injury damages available to injured employees under workers’ comp laws in Texas and elsewhere.
Don’t assume that your right to a financial recovery begins and ends with workers’ compensation. Contact a knowledgeable attorney at the Law Offices of Jason Khattar & Associates for a free consultation about your rights in the aftermath of a serious workplace accident.
We can advise you about your right to personal injury damages under many different circumstances, including the following:
- Negligence of a driver, vendor, supplier, independent contractor or other party unrelated to the employer
- Availability of supplemental insurance carried by certain employers to take the place of workers’ compensation
- Employer’s failure to carry either workers’ comp insurance or supplemental insurance
If the employer carries supplemental insurance or no insurance at all, the general rule against a personal injury lawsuit against the company for workplace accident damages does not apply. On the one hand, you’ll need to prove negligence against the employer or someone under the employer’s control. On the other hand, the full range of negligence damages will be available to you upon establishing the employer’s liability. These include payment for pain and suffering as well as other losses that the workers’ compensation system does not cover.
In some cases, especially accidents suffered in the construction industry, you will be able to pursue a personal injury lawsuit against a third-party defendant even while your workers’ compensation claim is being paid. Our expert workplace accident lawyers can advise you about all the different sources of payment that might be available in your case.
Contact us HERE for a free consultation about your rights if you or someone in your family has suffered a serious injury on the job, contact a personal injury lawyer at the Law Offices of Jason Khattar in San Antonio.