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If it does not, you are not confined to a benefit schedule. You have an ordinary negligence case with a jury and the full range of damages. If it does, a comp claim usually bars suing the employer, but it rarely bars a claim against everyone else on the site.
Most serious workplace injuries in this region happen to contractors working on somebody else’s premises, which is exactly the situation where a third-party claim exists. Call 713-521-0059.
Usually not. Comp generally resolves the claim against the employer. It does not resolve claims against a premises owner who controlled the hazard, a contractor who directed the work, an equipment manufacturer, or a staffing agency.
Those third-party claims are where the real value sits, and they are separate from the comp file.
Texas is the only state where an employer may lawfully carry no workers compensation. If yours does not, Section 406.033 of the Texas Labor Code bars it from arguing contributory negligence, assumption of the risk, or the negligence of a fellow employee. See our non-subscriber page.
The job safety analysis, the contract between the premises owner and your employer, training records, equipment maintenance history, and any incident or root cause investigation. Most of it exists on day one and some of it is destroyed on a retention schedule.
A Texas personal injury claim generally must be filed within two years of the injury under Section 16.003 of the Civil Practice and Remedies Code. Call 713-521-0059.
