Pursue a workers’ compensation claim or a personal injury lawsuit
In Texas, if you have a pre-existing injury and you experience a work accident that aggravates or worsens that injury, you may still be able to pursue a workers’ compensation claim or a personal injury lawsuit. However, the specific details of your case will ultimately determine the viability of your claim. It’s important to consult with an attorney who specializes in Texas workers’ compensation or personal injury law to get accurate advice based on your situation.
In Texas, the workers’ compensation system is optional for employers, which means that not all employers carry workers’ compensation insurance. If your employer does not have workers’ compensation coverage (nonsubscriber employer or self-insured), you may have the right to file a personal injury lawsuit against them. In this case, you would need to establish that your employer was negligent and that their negligence caused or contributed to your aggravated injury.
If your employer does have workers’ compensation insurance, you would typically file a workers’ compensation claim rather than a personal injury lawsuit. The workers’ compensation system in Texas provides benefits to employees who suffer work-related injuries or illnesses, regardless of fault. To have a successful workers’ compensation claim, you generally need to show that the aggravation of your pre-existing injury was a direct result of the work accident.
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It’s important to note that Texas has specific deadlines known as statutes of limitations that limit the time within which you must file a workers’ compensation claim or personal injury lawsuit. Consulting with an attorney as soon as possible after the work accident is advisable to ensure that you meet these deadlines and understand your legal options.
Consulting with a qualified attorney is the best way to get accurate advice based on the specifics of your case.
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At Sandoval Law Firm, PLLC, as your attorney, we will investigate your injuries thoroughly and provide you with answers as to what caused them! If you’ve been injured at work, do your research!