Any time you are injured on the job, a workers’ compensation claim could be the answer. This system exists to support employees following an injury, and the program is designed to pay benefits regardless of fault. However, in Texas, you might not have the option of filing for workers’ comp, and instead must consider a direct personal injury claim against the company.
A single mistake when filing a Coca-Cola workers’ compensation claim in Houston could have major consequences. To get the best possible outcome, it is in your best interest to call a workplace accident attorney after you suffered an on-the-job injury at Coca-Cola.
While there are positives to workers’ compensation system, major downsides also exist. The no-fault system of compensation can be hard to navigate and the payouts can be substantially less than what someone might receive in a negligence lawsuit.
This program will typically pay for reasonable medical care for as long as it is needed and the insurance policy also typically covers lost wages during the period where an employee is recovering. These damages are helpful, but they represent a fraction of what a plaintiff might be entitled to in an injury lawsuit.
Non-economic damages are not available through these claims. Unlike with a personal injury lawsuit, they will not provide for pain and suffering, emotional distress, or other subjective losses tied to a serious injury or illness.
The good news is that filing a Houston worker injury claim against Coca-Cola might not be an injured employee’s only option. In Texas, employers are generally not required to carry workers’ compensation insurance, and many companies choose not to. In that scenario, filing a lawsuit directly against the employer is possible. These are known as non-subscriber claims.
A plaintiff could rely on several different legal theories to support their claim. This type of legal action can be successful if the plaintiff shows that the company was negligent or reckless in allowing the injury to occur. Compensation is also available if the plaintiff establishes that intentional misconduct led to the workplace incident.
It is worth noting that a claim can be successful even if the worker is partially at fault. If the employer shares any liability for a workplace injury, it is vital to speak with an attorney as soon as possible.
Lawsuits against parties other than an employer are also frequently an option. They are a possibility regardless of whether the company subscribes to workers’ compensation insurance, as third parties are not covered by these policies.
For example, a vendor that causes an injury on the premises of a Coca-Cola bottling plant could face a civil lawsuit. This is true even if that Coca-Cola facility carries workers’ compensation coverage. A lawsuit is an option for any third party, including pedestrians, contractors, and delivery drivers.
Standard rules of negligence apply here. That means the plaintiff must be able to show that the at-fault party acted in a careless, reckless, or intentional way when causing the injury.
You might have more options for compensation than you realize after getting hurt on the job. Filing a Coca-Cola workers’ compensation claim in Houston is one way to go, but it may not be the best opportunity to recover the damages you deserve.
A direct lawsuit against the company could provide you with a substantially larger recovery. Reach out to us as soon as possible to learn more during a free, confidential consultation.
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