If you suffer an injury at work, then you have the right to pursue compensation. To do that, you need a premises liability lawyer in Houston. You may either recover workers’ compensation or pursue compensation by filing a personal injury lawsuit.
What Is Workers’ Compensation Insurance?
Workers’ compensation insurance is a type of insurance that some business owners have. This type of insurance pays employees benefits if they’re injured on the job. If you file a workers’ compensation claim and it’s approved, then you may be compensated for your medical expenses and lost wages. If your employer has workers’ compensation insurance, then you can see compensation for your injuries without filing a lawsuit.
What to Do When Filing a Workers’ Compensation Claim
Report the Injury
After you’re injured at work, you need to inform your supervisor of the injury within 30 days. It’s best if you do this in writing. Reporting the injury as early as possible will make your claim appear more credible. Your employer then has eight days to inform their insurer that you’ve been injured.
Seek Medical Attention
You’ll need to seek medical attention for your injuries. Your employer’s insurance policy may outline certain requirements for employees seeking medical attention after an accident at work. There may be a list of medical providers you must seek medical attention from.
Hire an Attorney
You should hire an attorney if you’ve been injured at work. They can help you fill out the paperwork required to file a workers’ compensation claim. It’s also wise to have an attorney working with you in case your claim gets denied.
File Your Claim
You can file a workers’ compensation claim in person, by mail, or online. You’ll have to fill out an Employees Claim for Compensation For a Work-Related Injury or Occupational Disease form. You need to fill out the form and file it within one year of the injury.
Appeal a Denial
Your employer’s insurance company can either accept or deny your workers’ compensation claim. If your claim is denied, then you have the right to challenge this decision. You’ll need to request a hearing that takes place in front of a judge. Your attorney will help you prepare for this hearing and represent you during it.
What Happens If an Employer Doesn’t Have Workers’ Compensation Insurance?
If your employer doesn’t have workers’ compensation insurance, then you may be able to sue them for your injuries. You can only sue if you have a viable claim. To know if your claim is viable, you’ll need to speak to a workplace injury attorney. Visit this page to read more about workplace injuries and get in touch with an attorney who can help.
If you can sue, then the type of lawsuit you’ll be filing is a personal injury lawsuit.
How to Pursue Compensation If Your Employer Doesn’t Have Workers’ Compensation Insurance
Seek Medical Attention
Be sure to seek medical attention as soon as possible after the accident. Having all of your symptoms documented in your medical records after the accident will help you defend yourself against allegations that the accident at work didn’t cause your current injuries.
Hire a Premises Liability Lawyer in Houston
After you seek medical attention, you’ll need to hire a lawyer. If the attorney believes your claim is viable and that you have a good chance of recovering compensation, then they may agree to represent your case. They’ll help you determine liability, investigate your claim, calculate your damages, and much more.
You have to sue the party who’s liable for your injuries, and that party might not be your boss. If the accident was premises-related, then you may need to sue the premises owner if your employer doesn’t own the premises where you work.
If you were injured in an accident caused by a faulty product, then the product’s manufacturer could be liable for the accident. If the accident occurred while you were driving for work, then another driver or a government entity may be liable.
File an Insurance Claim
Once you know who’s liable for your injuries, you’ll file a claim with their insurance company. Both the insurance company and your attorney will thoroughly investigate your case. Your attorney will attempt to prove the cause of the accident, demonstrate who was liable for it, and show that you’re entitled to compensation.
Settle or File a Lawsuit
Sometimes you’ll be able to settle outside of court. Your attorney will negotiate with the liable party’s insurance company until they offer you a settlement that’s high enough to accept. If the insurance company doesn’t offer you a fair settlement, then you may have to file a personal injury lawsuit and take the case to court.
Always hire an attorney if you’ve been injured at work. They can help you pursue workers’ compensation. If you can’t recover workers’ compensation, then your attorney may advise you to file a personal injury lawsuit.