When you are injured on the job, you may naturally assume that your injury and any potential costs associated with treating it would be covered by workers’ compensation. While that is true in many states, Texas is unique in that it does not require private insurers to carry workers’ compensation coverage.
Because employers can usually opt out of this coverage option, that leaves them open to personal injury claims from workers who are injured while performing their job duties. If you recently suffered a worker injury at Target, you may be considering filing a Target workers’ compensation claim in Houston. A reliable work accident attorney could help you determine your best legal options and what forms of compensation may be available to you.
When a worker is injured on the job in most states, workers’ compensation coverage kicks in. While this can provide some peace of mind, not only do workers’ compensation policies not cover all the costs associated with an injury, such as pain and suffering, but it is rare that a worker can step outside this system and file a separate claim.
In the state of Texas, employers like Target that opt out of carrying workers’ compensation coverage due to the latitude that the state allows are known as non-subscribers. A successful non-subscriber claim can allow injured workers to recover far broader forms of compensation than they would through workers’ compensation alone.
Common Target worker injuries include neck injuries, back injuries, repetitive stress pain, and shoulder damage. However, in a non-subscriber claim, the burden of proof shifts to the injured worker to show that the employer (in this case Target) demonstrated negligence. Moreover, the worker’s injuries and damages must have stemmed directly from this negligence.
The general statute of limitations for personal injuries will usually apply. Texas gives most claimants two years from the date of their injury to get a case started. Certain factors can impact the statute of limitations, so anyone who is thinking about filing a Target workers’ compensation case in Houston should promptly get in touch with a lawyer to ensure there are no compliance issues.
A successful non-subscriber Target claim in Houston can allow for the recovery of multiple forms of damages, including economic damages, non-economic damages, and potentially even punitive damages. Importantly, even if the injured worker is found to have contributed in some way to their own injury, they can still recover at least a portion of their losses as long as they are not more than 50% at fault for what happened.
Economic damages include direct costs related to the injury like medical bills and lost wages, while non-economic damages can stem from losses like the trauma and loss of life enjoyment the worker’s injuries have imposed upon them. Punitive damages are less common but may be included in some cases where the employer’s actions demonstrated an instance of gross negligence.
Filing a Target workers’ compensation in Houston is not always a straightforward matter. While the ability to file a personal injury claim directly against your employer can be an option in the case of a non-subscriber like Target, this also means you need to show negligence occurred and was tied to your injury if you wish to recover compensation.
An attorney could provide the legal guidance and advocacy you require to pursue every penny you are entitled to. If you have questions about filing a work injury claim as an injured Target worker, do not hesitate to call now and set up your one-on-one case consultation.
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