After suffering a workplace injury, you have two potential pathways to compensation. You can either file a workers’ compensation claim or initiate a personal injury lawsuit against the party responsible for your accident.

‍

Filing a Workers’ Compensation Claim

Workers’ compensation is an insurance that provides compensation for work-related injuries, regardless of fault or negligence. Filing a workers’ comp claim allows you to access medical benefits, income replacement, and vocational rehabilitation if you're unable to return to work. To receive these benefits, you need to provide notice of your injury within 30 days of the accident and file your claim with the Texas Division of Workers’ Compensation within one year.

‍

Filing a Personal Injury Lawsuit

A personal injury lawsuit, on the other hand, is a legal complaint filed in a Texas civil court that alleges someone else’s negligence caused your injuries. You can seek compensation for a broader range of damages in a lawsuit compared to a workers’ comp claim, including medical bills, lost wages, punitive damages, and psychological trauma. However, to receive a settlement, you'll need to prove that the defendant's negligent actions directly caused your workplace injuries.

You might be able to file a lawsuit against your company if you believe their actions caused your injuries. You can also file a claim against a responsible third party, such as a subcontractor, a defective machine's manufacturer, or a negligent motorist. Filing a workers’ compensation claim waives your right to sue your employer, but you can still sue a negligent third party. Consult an attorney at The Moudgil Law Firm to determine which approach suits your case.

‍

Workers’ Compensation Benefits in Texas

In Texas, workers’ compensation benefits come in four types, all serving as income replacement for work-related injury or illness:

1. Temporary Income Benefits (TIBs): For workers absent from work for more than seven days due to a work-related injury, temporary income benefits amount to 70 or 75% of their average weekly wage before the injury.
2. Impairment Income Benefits (IIBs): Available to workers with permanent bodily damage from a workplace injury, IIBs equal 70% of the worker's average weekly wage before the injury and continue even after the worker returns to the job.
3. Supplemental Income Benefits (SIBs): Designed for injured workers with permanent damage who are not back to work or earn less than before the injury, SIBs are equal to 80% of the difference between 80% of the employee’s average weekly wage before the injury and their current weekly pay.
4. Lifetime Income Benefits (LIBs): Granted to workers with serious injuries like blindness, brain injuries, or loss of limbs, LIBs equal 75% of the worker’s average weekly wage before the injury, with a 3% annual cost-of-living increase.

Additionally, there are benefits to cover final expenses or wrongful death:

1. Medical Benefits: Cover reasonable and necessary medical care for work-related injuries or illnesses.
2. Burial Benefits: Provide up to $10,000 for an employee’s funeral expenses to the person who paid them.
3. Death Benefits: Help families replace 75% of lost income when an employee dies due to a work-related injury or illness. Spouses of first responders can receive death benefits for life even after remarrying (applies to marriages on or after September 1, 2017).

‍