What’s the Difference Between a Workers’ Compensation Claim and a Personal Injury Claim?
Workers’ compensation is a form of insurance that covers medical expenses and replaces a portion of lost wages for employees who suffer occupational injuries or illnesses, regardless of fault. The workers’ comp system protects both employees and employers. Eligible workers can get benefits promptly without having to sue or even prove fault, while covered employers are shielded from liability in employee injury lawsuits.
On the other hand, a third-party claim is an insurance claim you file against a party other than your employer who is responsible for your construction accident injuries. Liable third parties could include equipment manufacturers, contractors, property owners, and other entities whose wrongful actions or inaction contributed to your injuries. Unlike in workers’ comp claims, you can recover compensation for the full value of lost wages and subjective losses like pain and suffering from third-party claims. However, your Houston construction accident lawyers must prove fault on the part of the liable party to get compensation for these losses.
Can I File a Personal Injury Claim for a Construction Accident While Receiving Workers’ Compensation?
Yes. In some cases, you might be eligible to pursue both claims simultaneously. This strategy could maximize your potential compensation and cover the extensive costs associated with your work injuries.
But it’s important to note that if you receive workers’ compensation benefits and then also win a third-party claim, your employer’s insurance company could have the right to reclaim some or all of the benefits it paid you. Essentially, they could claim a portion of your third-party award to cover the costs they already covered, so you’re not getting reimbursed twice.
Balancing these two claim types is a delicate process, especially since it involves being caught between two insurance companies that are often equally reluctant to pay their fair shares. A Houston construction accident attorney can handle the nuances of this type of situation on your behalf, keeping the pressure on the insurance companies and ensuring that your interests remain front and center.
Contact Our Houston Construction Accident Lawyers For a Free Consultation
Fibich, Leebron, Copeland & Briggs is a nationally recognized legal powerhouse. Since opening our doors in 1992, we’ve handled thousands of cases and recovered more than $1 billion for our clients. Our firm is backed by over a century of combined experience and includes three attorneys board-certified by the Texas Board of Legal Specialization. When you come to us for help, you can rest assured that your construction accident case is in the hands of a team with the resources and experience to do right by you.
Don’t wait any longer. Contact Fibich, Leebron, Copeland & Briggs today for a free, no-obligation consultation with a Houston construction accident lawyer. You’ll never be charged any fees unless we secure your recovery.