Workers’ Compensation vs. Personal Injury: Which is Right for You?

Workmans comp or Personal injury

When you suffer an on-the-job injury, you may have the option of filing a workers’ compensation claim. However, unlike nearly every other state in the nation, Texas does not require businesses to carry this no-fault insurance, meaning it may not be an option at your workplace.

Supposing workers’ comp is an option, approved claims will provide compensation for medical expenses related to the injury along with a portion of your weekly wages. These benefits will continue until the doctor your employer has selected for you decides you should return to work. At that point, you will no longer be entitled to collect workers’ compensation.

Personal Injury Lawsuits

When a workplace injury results from someone else’s behavior – be that directly or through negligence – you may be entitled to seek compensation through a personal injury lawsuit. Different than workers’ comp, these seek compensation for damages such as lost wages, medical expenses, and personal pain and suffering, and can result in a much more substantial settlement.

Some industries, such as the building trades, often skirt workers’ comp regulations in other states by hiring “contract workers” instead of employees. However, in Texas, this distinction is irrelevant unless your employer carries comp insurance, which they are not required to do.

If you work for an employer that carries workers’ comp but are labeled as a contract worker, filing a personal injury lawsuit may be the only way to recover your damages. However, even if you have the option of filing a workers’ compensation claim, you may be better off taking legal action through a lawsuit, as these tend to result in more favorable outcomes for seriously injured workers.

We Are Here to Help

At Shaw Cowart, LLP, our award-winning personal injury attorneys have decades of experience helping injured workers get total compensation. If you suspect your injury resulted from someone else’s behavior, we are here to listen to your story, discuss your options, and help you decide on the best path forward.

We have offices in San Antonio and Austin. We serve victims of serious injury throughout the state of Texas. Call us at 512-499-8900 to schedule a free case review and learn more about your rights.