Injured on a Job Site in Northwest Harris County, TX? Don't Assume It's a Standard Workers' Comp Case.

Have you been injured on a Job Site in Northwest Harris County, TX? Here’s What You Need to Know.

Injured on the Job in Cypress, Hockley, or Waller or surrounding areas? Don’t Automatically Think “Workers’ Comp Case.”

Getting hurt at work can be a life-changing event, leaving you with serious injuries, mounting medical expenses, and an inability to work and support yourself or your family. If you have been injured in a job site accident in the Northwest Harris County area, the first thing that may come to mind is “workers’ compensation.” While workers’ comp is an important and often valuable avenue of recovery, it is important that injured Harris County workers know that Texas law has many important exceptions and features that almost always allow additional sources of compensation, separate from and in addition to a “traditional” workers’ compensation claim. So do not be quick to assume that your job site injury is a “standard” workers’ comp case with limited potential value. The opposite may be true.

Texas is the only state in the U.S. where private employers are not required by law to carry workers’ compensation insurance. This is a critically important fact for all workers in Harris County and throughout Texas to know. A large percentage of Harris County employers, especially smaller employers or those seeking to save money by not having to pay insurance premiums, are known as “non-subscribers.”

Your Injuries on the Job Site: What if Your Employer is a Non-Subscriber?

If your employer has no workers’ compensation insurance, you typically cannot bring a workers’ compensation claim. However, if your injury was due to your employer’s negligence, you have the very important right to file a personal injury lawsuit against your employer in Texas civil court. This can be a huge benefit to an injured worker because, when you file a lawsuit against a non-subscribing employer, there are certain defenses the employer is typically barred from raising in court, such as your own comparative negligence (except in the case where the employee was 100% at fault) or the sole negligence of a co-employee. 

As a result, this important aspect of Texas job site injury law makes it much easier for you to prove fault and recover full damages for:• All Medical Expenses (past and future)• Lost Wages (past and future)• Pain and Suffering• Mental Anguish• Disfigurement and Physical Impairment• And, in some cases, punitive damages as well.

It is important to note that these types of damages are usually not available in a traditional “workers’ comp case,” which only allows for reimbursement of medical bills and a portion of lost income.

More than Just Workers’ Compensation: Third-Party Liability Claims

Even if your employer has workers’ compensation insurance, that does not mean your job site injury claim is just a “workers’ comp case.” This is because many job site injury cases in construction accidents and industrial injuries in Northwest Harris County actually involve a number of companies, contractors, and subcontractors working in close proximity, and potentially acting negligently. If your job site accident was caused, in whole or in part, by the negligence of another party other than your direct employer or a co-employee, then you may have a valid “third-party claim” in addition to or even instead of a workers’ comp case.

Potential Third Parties in a Job Site Injury Case in Northwest Harris County

Examples of some of the most common third parties who may be liable for your job site accident injuries include:

• General contractors (if your employer was a subcontractor)

• Other subcontractors at the job site

• Equipment and machinery manufacturers (if your injuries were due to defective equipment or machinery)

• Property owners (if your accident was caused by an unsafe condition of the property)

• Vendors, suppliers, or delivery drivers whose negligence caused an accident

You can bring a third-party claim in addition to your workers’ comp case and pursue full personal injury damages, including pain and suffering compensation, even if you are receiving workers’ comp benefits from your employer.

Contact an Experienced Harris County Personal Injury Attorney Today

Job site injuries in Texas are complex, and you should not make assumptions about your legal rights, or the value of your job site injury case based on whether your employer is a non-subscriber or has workers’ compensation insurance. 

If you have been injured on a job site in Northwest Harris County, TX, contact the experienced personal injury attorney Shaw Clifford with The Law Office of Shaw Clifford immediately. 

We will investigate your job site accident, identify all potential sources of compensation, and aggressively fight for the maximum possible recovery on your behalf.

Contact Shaw Clifford