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Settlements in a Lowe’s Work Injury Claim in Houston

A workplace injury at Lowe’s often means long-term losses, including the need for ongoing medical care and a long period of time out of work while injured workers struggle to recover. Furthermore, workplace injuries can mean that the victim can no longer return to their previous profession or work in their previous job.

According to the Workers’ Compensation Act of 1993, Texas employers cannot offer settlements for workers’ comp claims. However, if an employer is a non-subscriber and does not carry workers’ comp insurance, they may have to pay out directly for injuries suffered by an employee on the job, and that includes settlements in a Lowe’s work injury claim in Houston. In that case, employees may have the right to pursue a settlement for the damages they sustained.

When Injured Workers Can File a Direct Claim Against an Employer

Texas has complex requirements around when employers must carry workers’ comp insurance. Government entities and private employers who contract with government entities must carry workers’ comp insurance. Furthermore, employers who work in other states usually carry workers’ comp insurance in according with those state laws, which means Texas employees must also receive protection.

However, many Texas employers do not have to carry workers’ comp insurance. When they do not, they need not adhere to the Workers’ Compensation Act and other requirements. When an employee suffers an injury on the job, however, that employee may have the right to file a claim directly against the employer. For example, if a Lowe’s in Houston does not carry insurance, employees can pursue settlements in Lowe’s work injury claims when the employer commits an act of negligence. Negligence may include:

  • Inadequate safety training
  • Failure to provide needed safety supplies
  • Using damaged equipment
  • Failure to take care of hazards in the facility

Employers who push their employees to take on dangerous tasks may bear liability for the damages caused by those losses.

What Compensation Can Employees Pursue in a Settlement

When employees suffer injuries on the job, they have the right to pursue a settlement that will help them recover compensation for those damages. As part of a settlement in a Lowe’s work injury claim, if the employee files a claim directly against the employer instead of through workers’ comp, the claim can include compensation for:

  • All medical costs associated with the workplace injury, including everything from emergency medical transportation to long-term treatment costs
  • The wages and other income lost because the employee could not return to work after suffering those injuries
  • The employee’s pain and suffering
  • Anticipated future medical costs related to the injury
  • Lost earning potential because of the injury

Workers’ comp claims typically do not include compensation for pain and suffering. However, when an employer does not carry this insurance and the employee must file a claim directly, they can pursue compensation for their non-financial losses as part of the settlement.

Contact a Houston Lawyer to Pursue Settlements in a Lowe’s Work Injury Claim

Workplace injury claims often turn complicated, especially when dealing with an employer that does not carry workers’ comp. An experienced work injury lawyer can help you understand how to pursue a settlement in a Lowe’s work injury claim in Houston and support you as you fight for compensation. Reach out to Schechter Shaffer & Harris, LLP today for a free consultation.

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