If you are injured on the job in Texas, your recovery/compensation rights may be covered by two types of claims:
- Workers’ Compensation (employer must carry workers’ compensation insurance).
- Personal injury claim under Texas civil common law (employer does not carry workers’ compensation insurance).
You pay no fees unless we recover your compensation!
Claims Under Workers Compensation Law
Texas law also requires employers to notify each employee that they have up to five days to waive their Workers’ Compensation insurance rights. It is important to clarify that by waiving these rights, the employee retains his or her right to sue the employer for injuries that occur on the job. This scenario is unusual, as employers often do not inform their workers of these rights.
Categories of Workers Compensation Benefits
- Death benefits;
- Medical benefits; and
- Income benefits
Personal Injury Claims Under Texas Common Tort Law
In order for a personal injury claim to be SUCCESSFUL, Texas law requires you to show that your employer failed to provide you with a safe workplace. There are many ways to show this failure. For example, you can show that your employer failed to train its employees properly, failed to warn employees about known hazards (or even hazards that reasonably should have been known), provided dangerous or unsafe tools for the job, among others.
(Building a Better Austin, a report by Workers Defense Project, January 2013).