The Difference Between Workers’ Compensation and Personal Injury in Texas

When going about your day or at work, accidents may happen due to your own mistakes or the negligence of others. When you suffer an injury while working, you might think you can file a personal injury claim against your employer, but this is not always the case. Under Texas law, injured employees file workers’ compensation claims, while those who get hurt due to the negligence of others file personal injury claims.

The similarity between workers’ comp and personal injury claims is that both of them offer a pathway to compensation. However, different rules apply and they provide different types of damages. So, what is the difference between workers’ compensation and personal injury in Texas?

This blog delves into the key differences between the two to help you understand which one is best suited for your unique situation. If you are still unsure what your case qualifies for after reading or need more information and legal guidance, contact Terry Bryant Accident & Injury Law now at (713) 973-8888 or toll-free 1 (800) 444-5000 for your free case review.

Why You Should Let Us Represent You

Our attorneys at Terry Bryant Accident & Injury Law have decades of experience representing injured workers and victims of negligence. We know when a case qualifies for workers’ compensation or when it is a personal injury claim, as well as the factors necessary to secure a favorable outcome for both.

We have a successful track record handling workers’ comp and personal injury cases, as evidenced by the total recoveries we’ve made. When you retain our services, we will bring our experience and skills to your case and work hard, giving 110% to secure the best outcome. If you need a law firm that is ethical, reliable, and results-driven, call us now for a free case review.

We understand that each case is unique and take a personalized approach to ensure each client gets what they need to achieve their goals. 

The Difference Between Workers’ Compensation and Personal Injury in Texas

There are several key differences between Texas workers’ compensation and personal injury claims, and below we discuss the main points.

Fault vs. No-Fault

Workers’ compensation operates on a no-fault basis, meaning that fault does not play a role in workers’ comp claims in Texas. It does not matter whether the employer caused the accident that injured the employee or it was caused by the worker. The law looks at whether the injury is work-related.

This means that as long as you get hurt while performing your primary work duties or a task within the scope of your employment, you are eligible for workers’ compensation.  It also does not matter if the accident happened outside the workplace, like in a car accident. If you are a delivery person or on your way to a meeting, workers’ compensation will be available to you, and you don’t have to prove fault or negligence.

On the other hand, personal injury claims are fault-based. It falls on the injured party to establish that the other party’s negligence or intentional acts caused the harm. Also, the responsible party’s negligence must have directly caused the injury suffered, and you must have suffered damages.

You must prove negligence by a preponderance of the evidence to have a valid personal injury claim and win. This means that the proof you present must outweigh the information the at-fault party presents to refute your claims. Additionally, you must establish the elements of negligence, such as duty of care, breach, causation, and damages.

Filing a Lawsuit vs. Not Filing a Lawsuit

Aside from providing injured workers with benefits, workers’ compensation protects employers from getting sued, hence the no-fault rule. This allows injured employees to get a quicker and more predictable resolution for their injuries. However, there are exceptions.

The following are situations when you can waive workers’ compensation and file a lawsuit:

• For gross negligence or intentional harm.
• To overturn an adverse administrative decision. However, since the Texas Department of Insurance regulates workers’ compensation claims, you must exhaust your administrative remedies before you can file a lawsuit.
• Against a third party whose negligence caused your injuries. For example, if you got injured because of a defect in a machine you were operating, you can hold the manufacturer liable.

However, note that workers’ compensation is not compulsory for private employers in Texas. So, you might have to resort to filing a lawsuit to get compensation for a work injury if your employer doesn’t carry workers’ compensation insurance and their fault led to the accident.

If this is the case, you can file a personal injury lawsuit against the person responsible for your injury. Lawsuits are time consuming and involve a lot of effort like evidence gathering and establishing fault, and your case might go to trial. Although lawsuits take time, we always advise clients to consider the merits, as it may offer a better possibility of receiving maximum compensation.

Our lawyers can help you with the personal injury lawsuit filing process, and advocate for you in court before the judge and jury.

Filing Deadlines

Workers’ compensation claims have stricter deadlines than personal injury claims. Under Texas rule, injured workers must report their injury to their employer within 30 days of the incident. If you fail to file within this time, you can lose your benefits. You must also file a formal claim with the Texas Department of Insurance’s Division of Workers’ Compensation, within a year of the injury.

If you’re filing a personal injury claim, the Texas statute of limitations usually gives you two years. The time usually starts counting from the day you sustained the injury; once it elapses, you could be barred from seeking compensation. However, there are some exceptions, such as delayed discovery of the injury, or if the injured party was a minor or mentally unsound. (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.)

The Types of Damages Recovered

Another key difference between workers’ comp and personal injury is the type of compensation received. The following are the benefits provided under workers’ compensation:

Medical Benefits: It covers all reasonable and necessary medical care to treat the work-related injury or illness. This includes doctor visits, hospital stays, medications, and physical therapy.

Income Benefits: Income benefits compensate for lost income for the time you were away from work or if you suffered a disability and can no longer work. The available income benefits are the following:

• Temporary income benefits (TIBs) pay for some or all of your wages due to a work-related injury or illness. These benefits start after you have been off work for more than seven days.
• Impairment income benefits (IIBs) are for those with a permanent impairment. The amount you will receive is based on your impairment rating.
• Supplemental income benefits (SIBs) are paid after IIBs have been exhausted and if you have an impairment rating of 15% or more and are earning less than 80% of your average weekly wage.
• Lifetime income benefits (LIBs) are paid for specific severe injuries, such as loss of limbs, paralysis, or severe brain injuries.

Death Benefits: They are provided to families of employees who died from a work-related injury or illness. It replaces a portion of their lost income and covers funeral and burial expenses.

In some cases, injured workers who cannot continue the job they had before their injury or illness are given vocational rehabilitation as part of their benefits. 

On the other hand, personal injury cases offer victims a broader range of damages. If you file a personal injury case, you can receive economic and non-economic damages. The two compensate for monetary and non-monetary losses, including the following:

• Medical expenses
• Lost wages
• Loss of earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Mental anguish/emotional distress
• Property damage
• Loss of consortium
• Physical impairment
• Out-of-pocket expenses
• Cost of home improvement.

Note that if you shared any fault in the accident or event that led to your injury, the Texas modified comparative negligence rule will apply in personal injury cases. If it does, your compensation will be reduced by your fault percentage. So, if you were 40% at fault, you will receive only 60% of the sum awarded.

Were You Hurt at Work or by Someone’s Negligence? We Can Help!

Dealing with a workers’ compensation or personal injury case while recovering from your injuries is never easy, but the journey can be made a little easier with representation from our Terry Bryant Accident & Injury Law team. We will prioritize your interests and work to resolve your case on time, while fighting to get you maximum compensation.

We work on a contingency fee basis, so you don’t have to worry about paying us upfront. You pay when you win. Call us now at (713) 973-8888 to receive a free and confidential work injury consultation.