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Who Is Legally Responsible for My Work Injury?


Most people spend their waking hours at work, so it’s no surprise they are more statistically likely to experience an accident on the job. Likewise, the more dangerous the position is, the more likely an employee is to suffer an injury while working.

However, many workers are also unprepared for how to deal with a workplace injury. While a person injured by negligence could sue the responsible party for damages, what resources do employees have?

Under federal and state laws, employees have the right to a safe work environment. The Occupational Safety and Health Administration has many regulations to make the workplace as safe for people as possible. However, when an employer ignores these rules, you can choose one of two options—you can either sue your employer or file for workers’ compensation benefits.

More often than not, this choice is made for you by your employer. Texas offers employers the workers’ compensation program, which allows workers to file for workers’ compensation and prevents them from legally pursuing a personal injury case. However, if an employer opts out of this program, you are allowed to pursue a personal injury lawsuit because you can’t file for workers’ compensation.

If you file for workers’ compensation, you are eligible to receive several benefits, including payment for medical expenses and lost wages. However, unlike in a personal injury lawsuit, you can’t recover anything more, such as pain and suffering or loss of enjoyment of life.

Talk to one of our skilled Fort Worth workplace injuries attorneys about your case if you’re interested in which option you have the right to pursue. In either case, you might need the assistance of a lawyer to file a personal injury claim or help you appeal a denied workers’ compensation claim. Let us take a look at your situation and offer experienced advice regarding your best course of legal action.

Contact us at (817) 591-4222 or fill out our online form to schedule a free case consultation today.

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