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Legal Blog

What Are My Rights as an Injured Employee?

Workplace injuries are defined as injuries that take place while a worker is performing their job duties. These injuries can occur in various types of industries. In the state of Texas, employees are often subject to precarious conditions in the workplace – especially in industries such as manufacturing and construction. If you are injured on the job, you do have rights as an injured employee. The workers’ compensation law in Texas allows you to sue a third party that may be responsible for your injuries. There are a series of additional rights given to workers who suffer injuries in the workplace for many and varied reasons.

The arena of workers’ comp and on-the-job injury issues within the workplace can be quite complex at times. That’s why it’s important to have the help of a seasoned attorney in the area of workers’ compensation law to protect your rights. If you’ve suffered an injury on-the-job in the state of Texas and need to know if or how you can make a claim to obtain compensation for your injuries, the Houston workplace injury lawyers at The Krist Law Firm, P.C. are here to help. Call us today at (281) 283-8500 to request a free case evaluation.

Workers’ Compensation Insurance

According to Texas workers’ comp law, an employee who is injured on the job cannot file a lawsuit against their employer if that employer is a subscriber to workers’ compensation insurance. Making a negligence claim against the employer, in this case, is generally prohibited. This feature of the law is designed to motivate employers to carry workers’ comp insurance.

Intentional Harm Caused

If the employer intentionally injured or caused harm to their employee, or if a fellow coworker injured another coworker, then the injured worker has a right under the law to file a claim against the employer. If the injuries sustained result in the death of the worker, the estate of that worker can file suit against the employer for gross negligence or intentional acts.

List of Rights as an Injured Employee

Some additional rights you have as an injured worker, include:

  • Right to choose a doctor to treat your injuries
  • Right to receive benefits
  • Right to medical care to treat your injury or illness
  • Right to maintain the confidentiality of your claim information
  • Right to an attorney at all times to assist you with your claim
  • Right to receive ombudsman assistance to help with a dispute resolution proceeding about your claim when you have no attorney representation
  • Right to receive assistance and info for free from the Office of Injured Employee Counsel

If you or a loved one has suffered a serious injury or lost their life due to a workplace accident, it’s important to understand that workers’ compensation payments sometimes do not provide everything that is needed to cover the expenses incurred due to an accident. Your rights as an injured employee may extend beyond recovery available through worker’s comp. For instance, you may be able to ask for compensation for pain and suffering as well as potential future expenses by filing a third-party claim.

If you need help from a team of Houston workplace injury lawyers to help you obtain all potential sources of compensation to which you may be entitled, contact The Krist Law Firm, P.C. We are committed to pursuing every available option on your behalf so that you can have what you need to cover the financial expenses you now face and recover from your injuries.

Contact us today at (281) 283-8500 to schedule a free, no-obligation consultation.