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When Should I File a Worker’s Compensation Claim?

May 9, 2017

If you’ve been injured on the job in Texas and you’re expecting to receive a settlement by your employer for their negligence, you’ll need to file a worker’s compensation claim to get the process rolling.

The first question, though, is asking if you should file a worker’s compensation claim or a personal injury lawsuit.

If you decide to file a claim, the second question is asking when to file in order to start receiving the worker’s compensation benefits.

The short answer is, you want to file as soon as possible, but you also need to make sure you do it correctly. All that needs to be established is that the injury did, in fact, occur at your workplace, and is connected to the work that you perform. There doesn’t have to be proof of fault for these benefits to be paid out.

Do I File a Worker’s Compensation Claim or a Personal Injury Lawsuit?

The benefits paid out between a worker’s compensation claim and a personal injury lawsuit can be widely different, so seeking out a professional in this area is important. Whether you choose worker’s compensation or a lawsuit, your lawyer’s fees are usually paid on a contingency basis, which means your lawyers will get paid a percentage of whatever you get paid.

Find an Experienced Work Injury Lawyer

A law firm like Fears Nachawati has handled work injury cases for years, and they know every step along the way. Let them advise you on your next steps, including if you should file a claim or not.

A worker’s compensation claim means an employee will receive non-taxable income which is generally the equivalent to around two-thirds of their average wages. An employee will also receive medical care for their injuries, and they’ll get reimbursed for any necessary job training.

But know that if an employee receives these benefits, they’ll be foregoing their rights to sue their employer for personal injury at the workplace.

Filing a Personal Injury Lawsuit

If you and your legal representation decide to file a personal injury lawsuit, you’ll need to prove that the employer was directly or indirectly at fault for your injury.

Generally, the amount awarded in a successful personal injury lawsuit is greater than the benefits one would receive through worker’s compensation, so it is always best to look into both instances.

The case might not even make it into a courtroom, as a personal injury attorney can often negotiate a settlement that greatly favors their client and eliminates extra legal fees and courtroom costs.

An experienced San Antonio work injury lawyer, like the ones at Fears Nachawati, can walk you through each step of your worker’s compensation claim, as well as help you figure out what compensation you should expect to receive. Call them at (210) 858-5383 to learn more.


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