Difference between Industrial Injury Claims and Workers’ Comp
If you were hurt while working at an industrial job in Texas, you may hear different terms used to describe your legal options. Some people talk about workers’ compensation. Others mention industrial injury claims or lawsuits. These terms are related, but they are not the same thing. Understanding the difference can help you know what rights you may have after a workplace injury.
Unlike most states, Texas does not require employers to carry workers’ compensation insurance. That means your rights after a workplace injury may change depending on your employer’s coverage. A Texas workers’ comp lawyer can review your situation and explain what options are available to you.
What Is Workers’ Compensation?
Workers’ compensation is an insurance system that provides benefits to employees who are hurt on the job. If your employer carries workers’ comp coverage, you usually receive benefits without needing to prove that the employer did anything wrong.
Workers’ compensation may provide:
- Medical treatment related to your injury
- Partial wage replacement while you cannot work
- Benefits for permanent injuries
- Death benefits for surviving family members in fatal accidents
One important thing to understand is that workers’ compensation is generally a no-fault system. In other words, you can still collect benefits even if you contributed to the accident.
However, workers’ compensation also limits what you can recover. In most cases, you cannot sue your employer for additional damages if they carry workers’ comp insurance.
What Is an Industrial Injury Claim?
An industrial injury claim usually refers to a workplace injury that happens in high-risk environments, such as:
- Oil fields and refineries
- Construction sites
- Manufacturing plants
- Warehouses
- Chemical facilities
- Energy and industrial processing jobs
These injuries often involve dangerous equipment, heavy machinery, transportation accidents, falls, explosions, or toxic exposure.
In Texas, an industrial injury claim may become a personal injury lawsuit instead of a workers’ compensation claim if the employer does not carry workers’ comp insurance. Employers that choose not to participate are called non-subscribers.
What Makes Texas Different?
The biggest difference comes down to whether your employer has workers’ compensation coverage.
If your employer has workers’ compensation:
- You typically file a workers’ comp claim
- Medical care and wage benefits may be available
- You usually cannot sue your employer
- Pain and suffering damages are not available
If your employer does not have workers’ compensation:
- You may file an industrial injury lawsuit
- You can pursue full financial damages
- You may recover lost wages, medical costs, and other losses
- Compensation for pain and suffering may be available
Texas law allows injured workers to bring negligence claims against non-subscribing employers. In many of these cases, employers also lose certain legal defenses that would normally protect them in injury lawsuits.
What Makes Industrial Injury Cases So Complex?
Industrial accidents are often very bad and can involve more than one person who is at fault. Even if workers’ compensation applies, there may still be other claims that can be made against third parties.
For example, responsibility may fall on:
- Equipment manufacturers
- Contractors or subcontractors
- Property owners
- Trucking companies
- Maintenance providers
These claims from third parties are different from workers’ compensation and may let injured workers get more money than just the basic benefits.
It’s not always easy to figure out who is legally responsible for accidents at industrial job sites because many companies work together. A lawyer can look into safety violations, broken equipment, problems with training, or unsafe working conditions that caused the injury.
Common Industrial Workplace Injuries
Industrial accidents frequently lead to serious injuries that affect a worker’s ability to earn a living, including:
- Traumatic brain injuries
- Spinal cord injuries
- Severe burns
- Crush injuries
- Amputations
- Toxic chemical exposure
- Broken bones and internal injuries
These injuries often require long-term medical care and time away from work, which makes understanding your legal options especially important.
How Can a Texas Workers’ Comp Lawyer Help?
After a workplace injury, many workers assume they only have one option. In Texas, that is not always true. Whether your employer carries workers’ compensation coverage can completely change your rights.
A workers’ compensation claim focuses on providing limited benefits quickly. An industrial injury lawsuit focuses on holding negligent parties responsible and recovering full compensation for your losses.
Knowing which path applies to your situation can make a major difference in your financial recovery and future stability.
Talk to a Texas Workers’ Compensation Lawyer About Your Options
If you were hurt in an industrial accident, you should not have to figure out the system on your own. The type of claim available to you depends on your employer’s coverage, how the accident happened, and who may be responsible.
The Law Office of Sandy McCorquodale, P.C. helps injured Texas workers understand whether they have a workers’ compensation claim, an industrial injury lawsuit, or both. Call (833) 712-4472 today or fill out the short contact form on our website to schedule a consultation and learn what options are available.