An idiopathic injury is an injury resulting from a condition or disease an individual has that has nothing to do with their place of employment. In order to receive compensation for an idiopathic injury, you have to prove that the injury was caused by something or someone at the workplace, and that it did not just happen on its own.
If you or a loved one has experienced an injury that you think could have been prevented by your employer, The Krist Law Firm, P.C. can help assess your case and pursue compensation for your injuries. Call us today at (281) 283-8500 to schedule a free initial consultation with our Houston workplace accident lawyers.
Workers’ Compensation
In the state of Texas, it is up to private employers to choose whether or not to offer workers’ compensation coverage to their employees. Your employer should let you know whether or not insurance coverage is provided.
Under the Texas Workers’ Compensation Act, workers’ compensation covers your medical expenses and part of your lost earning capacity.
Texas has a “coming and going” rule, which clarifies that an injury sustained while driving to and from work is non-compensable since it did not occur on work property and any individual can be exposed to those same dangers while traveling.
The exception to the “coming and going” rule is the Access Doctrine. The Access Doctrine has a two-part test to determine whether or not the injury sustained qualifies for compensation. In order to be eligible for compensation, you must prove that your employer incentivized you to take that particular way to and/or from work, or that the location you were injured can be considered part of your employer’s premises.
Other Possible Lawsuits for Your Injury
If your employer does not have workers’ compensation, then you may be eligible to file a personal injury lawsuit.
Each employer must follow a certain set of guidelines and regulations for their company. Unfortunately, the employer will often neglect one or more of these guidelines, resulting in their employees getting injured. This is especially common for more dangerous jobs such as those in the construction industry.
How a Lawyer Can Help
The Houston workplace accident lawyers at Krist Law Firm, P.C. can help if you find yourself injured by something or someone at your place of employment. Having a lawyer with extensive knowledge in workplace accidents on your side can help build your case. Our lawyers are here to help if you are in a dispute with your insurance company or employer, if you need to evaluate if the Access Doctrine applies to your injury, and more.
If you have experienced a work injury and think you have a valid case, our Houston workplace accident lawyers can evaluate your claim and build a strong case. Call The Krist Law Firm, P.C. today at (281) 283-8500, or contact us online to schedule your free consultation.