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Blogs 2019 June Do I Need to Show My Employer Was At-Fault for Workers' Comp?
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Do I Need to Show My Employer Was At-Fault for Workers' Comp?

Posted By Law Office of James M. Stanley || 12-Jun-2019

Many Texas employers choose to carry valid workers’ compensation insurance, and public employers are legally required to do so as well. This is because the workers’ compensation system protects workers who are injured while working, and circumvents the need for personal injury litigation: In other words, it’s considered to be a win-win for both parties.

Many people worry that filing a workers’ compensation claim is akin to suing their employer, and may fear bringing a “case” against them. Fortunately, you can pursue a workers’ comp claim regardless of whether your employer was at fault. These crucial benefits can often make the difference between a speedy, affordable recovery process and mounting debt for medical treatments.

Is There a Need to Prove Fault in Workers’ Comp?

Contrary to popular belief, workers’ compensation is not a form of litigation, and with very few exceptions, your claim won’t end up anywhere near a courtroom. Because of the Workers’ Compensation Act of 1993, you also will not receive a settlement: Instead, you’ll receive regular benefits to cover medical treatments, surgeries, lost wages, and other expenses related to your injury. These are usually awarded on an “as needed” basis, but you can also receive a lump sum for certain benefits, such as impairment income.

Thanks to the workers’ compensation system, you may receive a faster and more decisive decision on your claim after sustaining a workplace injury. Of course, Texas is unusual in that it does not require all employers to carry workers’ compensation. If your employer does not have a workers’ comp program in place, then they will be considered a “non-subscriber” – and you will have to pursue a traditional personal injury claim against them.

Skilled Litigation and Workers’ Comp Lawyers

At the Law Office James M. Stanley, our mission is to help injured Texans during the most difficult times of their lives. Whether we’re fighting out a fierce litigation battle in the courtroom or filling out complex forms on your behalf, our seasoned workers’ compensation attorneys can do it all. Since 1976, the people of Fort Worth have trusted us to put our experience and resources on the line for them, and we’re ready to do the same on your workplace injury claim.

Call (817) 591-4222 today to speak with our attorneys!

Categories: Workplace Injuries

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The following is a sampling of some of the many cases we have had the privilege to handle on behalf of our clients. Each case is unique and must be evaluated on its own merits. Past results do not predict future results.​​

  • Catastrophic High Pressure Water Injury Resulting in Ruptured Colon, Infections, Multiple Surgeries Required

    NET TO CLIENT $3,069,546.66

  • Catastrophic Brain Injury/Motor Vehicle Accident

    NET TO CLIENT $3,018,051.78

  • Electrocution involving Defective Product

    NET TO CLIENT $2,491,510.87

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $1,119,736.98

  • Grandmother seriously injured when rear-ended by 18-wheeler oil

    NET TO CLIENT $977,516.95

  • Wrongful Death due to Employer Negligence

    NET TO CLIENT $852,773.73

  • Wrongful Death caused by Employer Negligence.

    NET TO CLIENT $841,000.00

  • Catastrophic Injury caused by Defective Product.

    NET TO CLIENT $714,000.00

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $728,664.19

  • Serious injury caused by 18-Wheeler blocking road

    NET TO CLIENT $584,309.41

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $443,360.00

  • Wrongful Death and Survival Action

    NET TO CLIENT $461,423.23

  • Wrongful Death of a Fetus and Serious Personal Injury

    NET TO CLIENT $584,062.75

  • Wrongful Deaths

    NET TO CLIENT $532,211.06

  • Wrongful Death of a child

    NET TO CLIENT $499,266.40

  • Serious injuries to driver of 18-wheeler

    NET TO CLIENT $465,230.35

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $359,520.00

  • Wrongful Death of a Child

    NET TO CLIENT $303,070.11

  • Wrongful Death of a Child

    NET TO CLIENT $380,345.57

  • Wrongful Death caused by physician negligence

    NET TO CLIENT$345,526.90

  • Serious Personal Injury

    NET TO CLIENT $352,813.23

  • Wrongful Death of a Child

    NET TO CLIENT $320,706.81

  • Medical negligence by hospital

    NET TO CLIENT $284,156.68

  • Wrongful Death Alcohol-Related Accident

    NET TO CLIENT $341,061.50


*The amounts reflected are the actual dollar amounts received by clients after deduction of attorney’s fees and expenses.
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* James Stanley is the only attorney of the Law Office of James M. Stanley that has been inducted into the Multi-Million Dollar Advocates Forum and Million Dollar Advocates Forum

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