Can I Claim Workers’ Comp Benefits If I Was in an Accident at Work?

If your employer has workers’ compensation insurance and you were injured on the job, then under Texas law you can make a workers’ compensation claim and are entitled to workers’ compensation benefits.

If your employer does not have workers’ compensation insurance (is a non-subscriber) and you were injured on the job, your employer will only be required to pay for your medical care, lost wages and other damages, if you can prove that your employer’s negligence caused your injuries.

If the negligence of a third-party (someone other than your employer) caused your injuries, a claim can be made against that third-party for your damages including medical care expenses, lost income, pain and suffering, physical impairment, mental anguish and other damages.

Depending on the facts of what happened, you may have the right to compensation from multiple sources, including workers’ compensation benefits as well as a lawsuit against the company(ies) that caused or contributed to your injuries and damages.