If you have the unfortunate experience of suffering from an accidental injury during the course of employment, you should have the right to experience a full recovery that will allow you to return to the job.
In reality, many workers who suffer serious injury on the job each year cannot return to their previous jobs because they may aggravate the initial injury or get re-injured on the job. These workers must rely on workers’ compensation until they are completely healed or secure other employment.
According to the Bureau of Labor Statistics, private industry employers reported 2.7 million nonfatal workplace injuries and illnesses in 2020, down from 2.8 million in 2019, a decrease of 5.7 percent.
What Can I Do if I am Injured On the Job?
If you get hurt at work, workers’ compensation is supposed to cover your medical costs and wages for any days of work that you miss. However, in Texas, private employers have the option of whether or not to carry workers’ compensation insurance coverage.
If you are injured on the job due to your employer’s negligence, and they do not have workers’ compensation benefits, you may have to bring a lawsuit against the employer for damages in order to collect medical expenses and any lost wages due to your injury or illness.
How Much Does Texas Workers’ Compensation Pay?
Texas calculates these types of benefits under a formula. The benefits are 70% of the difference between your average weekly wages and the wages you are able to earn after your injury. Or they can be 75% of the difference if you earned less than $10 an hour.
What Can I Do if Workers’ Compensation Is Unavailable Or Inadequate?
Workers’ compensation benefits are typically low for temporary or permanent disability benefits. Even if your employer has workers’ coverage insurance, depending on your work-related injury or illness, their insurance may not be enough to cover medical bills and other expenses.
You could suffer financially if you are unable to return to work. There is also no coverage for pain and suffering, which often accompanies a serious injury or illness. This loss also affects family members.
In you find yourself in these situations, a personal injury lawyer at the Shrum Law Office accepts personal injury cases to help you during this difficult time. You should understand the legal options you may have outside of workers’ compensation or your employer’s private insurance.
Can I Get Fired?
Texas is an “At-Will” employment state. However, under federal and state law, an employer cannot fire or retaliate against an employee for filing a workers’ compensation claim in good faith.
If an employee is injured at work and then fired, the employer remains liable to cover that employee’s workers’ compensation benefits until they find new employment. An employer may possibly have to cover other benefits, such as unemployment. It should be the duty of employers to provide their employees with recovery time from a work-related injury and safely return to their previous job.
If an employer fires an injured employee, that employer could risk a lawsuit under the Americans with Disabilities Act statutes. If an employee can prove that they were fired due to the injury or that there is discrimination at play, the employment contract has been violated.
Under What Circumstances Can I Sue My Employer?
You can bring a personal injury claim against your employer if you were injured at work under certain circumstances. You may have the right to sue your employer if you are injured at work by:
- Defective products
- Toxic substances, such as asbestos
- Another employee’s negligence
Workplace injury and liability laws are extremely complex. Even if you have some legal experience or knowledge suing your employer is a challenging process, especially if you are still suffering from an injury or illness. If the accident is car-related, you deserve to have a car accident lawyer who will look out for your best interests while you are recuperating.
In Texas, the law gives you two years from the date of a work-related accident to file a lawsuit. The file you claim should be against your employer’s private insurance.
Speak With an Experienced Work Injury Attorney
If you are recovering from a work injury you will have many questions about your rights and any benefits available to help you and your family. Consulting with an experienced personal injury attorney or auto accident attorney can help ensure that your rights are protected. At the Shrum Law Office our attorneys can help with workers compensation hearings, disputes, income benefits, and medical care.
