How Does Worker’s Compensation Affect Your Ability to File a Personal Injury Lawsuit?

If you’re injured on the job, how will a worker’s compensation claim affect your ability to file a personal injury lawsuit? Brett Cain explains the details. 


Host: We have a question from Thomas right now in Dallas, go ahead Thomas.

Thomas: I was hurt of work and I need legal representation, but my employer wants me to go through workers comp, well is that a good decision should I do that?

Host: All right thank you for your call, what do you think?

Brett: Thomas great question. You must have been reading up on that. The personal injury world here in Texas and workers’ comp here in Texas oftentimes are oil and water, they don't mix. although they may also, both, may be involved in a potential claim you really need to dig down into further and more specific details to determine exactly how best to pursue your claim. For instance, as a general rule when you elect to receive workers comp benefits here in Texas, you forego any liability claim against your employer. Well, that may be a straight, very clear, it's just your employer you work, there but when you're out on an oil rig, for instance, where there are multiple parties being involved there's a service company, there's a production company, and who knows how many different other companies are involved, the negligence of a third party company while you're at work for your employer may allow you to move outside from your workers comp claim, receive those benefits but then pursue a negligence claim against the third party. So I don't want to get too specific on hypotheticals but if anyone out there is dealing with this particular issue call us we can talk through it.