Third Party Caused Work-Related Injury
At Farrah Martinez, PLLC, we handle workers’ compensation claims – specifically accidents caused by a third party’s negligence. If a third party caused the injury, then we sue that third party directly. A third party is anyone other than your employer that caused the injury you suffered while on the job. For example, if you are a truck driver and were in an accident while transporting goods for your employer and a drunk driver hit you, then the drunk driver (a third party) is responsible for your injuries. You might also be able to pursue a claim against your employer for income and health benefits under the worker’s compensation act.
An injury that occurred at work and happened while you were performing your job, is generally handled through the Texas Workers Compensation Division unless your employer does not carry worker’s compensation insurance.
Workers’ Compensation Insurance is Optional
Workers’ Compensation Insurance, often referred to as workers’ comp, is a form of insurance coverage maintained by employers to provide medical and wage assistance to employees hurt as a result of performing their job. In Texas, employers are not required to carry workers’ compensation insurance. So, the first step is to find out if your employer carries workers’ compensation insurance coverage for employees. Next, it depends on if your injury qualifies as a “compensable injury”. Call Farrah Martinez, PLLC, today for a free consultation to see if you are entitled to compensation.
Recovery for Injuries
A compensable injury is a legal term. In Texas, it means an injury that arises out of and in the course and scope of employment for which compensation is payable under the Workers’ Compensation Act. Simply put, the injury occurred as a result of you performing your job.
It is Illegal for an Employer to Fire an Employee for a Compensable Injury
Many employees are afraid to file a workers’ compensation claim because they do not want to risk being fired. According to the Texas Department of Insurance, each year tens of thousands of employees file workers’ compensation claims. By law, an employer is not allowed to fire an employee that files a workers’ compensation claim in good faith. If you are fired for filing a claim, you might have a retaliation claim for wrongful discharge.