Work Injury

Understanding Your Work Injury Options

Getting hurt on the job puts you at a fork in the road: file for workers' compensation, pursue a direct claim against your employer, or both, depending on your situation. Our attorneys know how to evaluate your specific circumstances and guide you toward the path that gets you the most compensation.

Personal Injury Lawyers Fighting for You

Suffering a work injury can land you in a difficult legal position. Do you file a workers’ compensation claim in pursuit of benefits? Or, do you file a personal injury claim against your employer directly? The answer depends on the details of your employment and accident.

The Daspit Law Firm and our team of experienced work injury attorneys are here to help you pursue the right legal option based on the specifics of your case. We are known throughout Texas for going head-to-head with insurance companies and stubborn defendants that do all they can to avoid payouts to the wrongfully injured, and our approach to recovery from insurance is exactly why we win.

Our long history of successful case results across our years of practice experience has earned us a powerful reputation among our clients, our peers, local courts, and opposing counsels.

Why should you be working with us for your work injury claim?

• We don’t charge any legal fees unless we win your case.
• We make home and hospital visits for your convenience.
• We are available 24/7 for emergencies.
• We offer free, confidential case reviews.

Dial (888) 273-1045 to connect with our firm now.

Why Would You File a Work Injury Claim?

Workers’ compensation benefits are paid to injured employees who get hurt in an accident related to their job duties, even if they are solely to blame for the accident. This is a tremendous benefit to injured workers, when it is applicable.

Texas law does not require all employers to carry workers’ comp insurance that covers all of their employees. As such, you might not be included in your non-subscriber employer’s workers’ compensation plan. What do you do instead?

You would have to file a work injury claim against your employer directly, much like a regular personal injury claim against a negligent party. This puts you in an unusual situation where you are demanding compensation for your work injury from your employer, and possibly other third parties liable for your injury.

The Daspit Law Firm has all the experience and insight you need to confidently move your case forward. We can also help you understand your rights and legal options when hurt at work due to outlying circumstances, such as illegal and obvious wrongdoing on behalf of your employer that causes you harm.

You may be able to collect compensation that helps pay for:

• Medical costs
• Rehabilitative therapy
• Lost wages
• Lessened enjoyment of life

FAQS Regarding Work Injury Claims

Should I file a workers' compensation claim or a work injury lawsuit?

It depends on whether your employer carries workers' compensation insurance. If they do, you generally file a workers' comp claim, which pays regardless of fault but is limited to medical costs and partial lost wages. If your employer is a non-subscriber with no workers' comp, you can typically file a work injury lawsuit directly against them, which can recover more but requires proving negligence.

Can I sue my employer if I was partly at fault for my work injury?

If your employer carries workers' compensation, fault generally doesn't matter, benefits are paid regardless. If you're filing a direct work injury claim against a non-subscriber employer, Texas comparative negligence rules apply, and you can still recover as long as you were not more than 50% at fault.

What if a third party, not my employer, caused my work injury?

You may be able to file a claim against that third party in addition to any workers' compensation benefits you receive. Common third parties include equipment manufacturers, whose defective products can lead to a product liability claim, contractors, and drivers who cause an accident while you're on the job. These claims aren't limited by workers' comp caps.

What compensation can I recover for a work injury?

Workers' compensation typically covers medical costs and a portion of lost wages. A direct work injury claim against a non-subscriber employer, or a third-party claim, can recover more, including full lost wages, lost earning capacity, pain and suffering, and lessened enjoyment of life.

How long do I have to file a work injury claim in Texas?

Workers' compensation claims generally must be reported within 30 days and filed within one year. A work injury lawsuit against a non-subscriber employer or third party generally must be filed within two years. Because these deadlines differ and can overlap, it's important to have your case reviewed early.

Speak With a Work Injury Lawyer Today

Whether workers' compensation or a direct claim is the right path for you, our attorneys are ready to fight for the compensation you deserve. For a free case evaluation, call us at (888) 273-1045 whenever it is convenient for you.