If your Texas employer has opted to participate in the workers’ compensation system, you must make a workers’ comp claim after a workplace injury in order to get benefits. You are almost never able to sue an employer who participates in workers’ compensation because workers’ comp is an exclusive remedy system.  Your employer’s workers’ compensation insurer should ideally grant you benefits and pay for your medical treatment and disability income.

If you disagree about workers’ compensation benefits, you may sometimes settle the case with the workers’ comp insurer.  Settlement involves relieving the insurer and employer of future liability. However, this settlement generally applies only to the employer and insurer who are involved in the agreement. This means you may still be able to sue for work injuries after settling a workers’ comp claim.

Texas Workers Compensation

Suing for work injuries is very complicated and is not possible under all circumstances. If you are considering filing a civil lawsuit for injuries you experienced at work, you should get help from a Houston TX workers’ comp lawyer in understanding your rights. Abbott and Associates, L.L.C. attorneys have extensive experience with workplace injury claims. Give us a call today to learn more about how we can represent you during your workers’ comp claim and lawsuit.

When Can You Sue for Work Injuries After Settling a Workers’ Comp Claim?

When you enter into a settlement agreement with a workers’ compensation insurer, you agree to accept the money or benefits being offered to you in exchange for releasing the insurer and employer of any future obligations to you from the work injury. This means you cannot try to pursue additional claims for more money or benefits for the same injury from the insurer.  This agreement, however, applies to the workers’ compensation insurer and employer only.

If a third party was responsible in some way for causing your work injury, you may have a separate cause of action against that individual or company.  The settlement you reach with the workers’ compensation insurer is not going to affect your cause of action against the third party.  You can pursue a separate lawsuit to try to obtain compensation for damages, and you may be able to prevail in that lawsuit if you can prove that the person or entity you are suing was negligent in a way that led to your losses.

If you are awarded compensation in the lawsuit for things like medical coverage or loss of wages, the workers’ compensation insurer may try to recover some of the money that you receive through litigation.  Since workers’ comp covered your medical bills and wage losses, the insurer may try to make a claim to recover that money paid out if the litigation also results in you being compensated for medical treatment expenses and loss of income.

To learn more about how you can maximize workers’ compensation benefits, and for help understanding how litigation and workers’ comp claims interact under the law, contact a Texas workers’ compensation lawyer at Abbott and Associates, L.L.C. today.

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