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


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!

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