The general rule here in Texas is that when a worker is injured during the course and scope of their job by a foreseeable risk of that job, he or she becomes eligible for workers compensation benefits. Those benefits are the employee’s sole and exclusive remedy. Employees are not permitted to file personal injury lawsuits against their own employer. Workers’ compensation benefits typically consist of payment of the following:
- Fair and reasonable medical bills in connection with the accident.
- Temporary total disability (TTD) benefits while the worker is recovering from his or her injuries.
- Permanent partial disability benefits for any permanent impairment as a result of the accident and injuries.
There are times when an accident that occurred at work was caused by somebody else. For example, if a carpenter from one company gets injured by an electrician from another company on the same job site, that’s known as third party liability. According to Houston Texas work injury attorney Hector Sandoval of the Sandoval Law Firm, when an employee’s on-the-job injuries are caused by an independent third party, that accident victim is allowed to file an accrual personal injury lawsuit against the person who caused the accident. Not only is the employee allowed to file the personal injury case, but he or she can file it at the same time as workers’ compensation benefits are being collected.
Texas law recognizes personal injury damages that might extend beyond what workers compensation benefits pay. People who are injured at work as a result of the negligence of a third party should give serious consideration to filing a personal injury lawsuit on top of a workers’ compensation claim. We can help you with both cases. If you were injured at work as a result of the negligence of a third party, contact the Houston Texas Work Injury Attorney Hector Sandoval at the Sandoval Law Firm to arrange for a consultation and case review at no cost whatsoever. Our goal is to maximize any proceeds that you might derive from a settlement or award.