Whether you are a business owner or an employee, it is important that you understand what is and is not covered under a Texas workers’ comp insurance policy. Unlike a typical personal injury claim, damages in a workers’ compensation case are limited to weekly compensation, medical bills, permanent impairment benefits and vocational rehabilitation. While this may seem reasonable for some, for others familiar with personal injury law, it may seem insufficient and even slightly unfair. For those not familiar with the law, this post is meant to shed light on the differences between the damages awarded in a personal injury lawsuit and a workers’ compensation case.
While there are several differences between a personal injury claim and a workers’ compensation claim, the biggest is the difference in damages. If an employee gets injured at work in Texas and their employer does not carry workers’ compensation insurance, the employee has the right to sue the employer directly. If the worker wins, they are entitled to recover damages for medical bills, future medical expenses, lost wages, lost earning capacity, pain and suffering, loss of enjoyment of life and permanent disability, among other damages. In the end, the amount an injured employee walks away with can be in the millions.
However, in a workers’ compensation case, an employee is strictly entitled to economic damages, which include weekly compensation, medical bills and vocational rehabilitation.
Due to the huge discrepancy in damages, it is beneficial for anyone with Texas workers comp insurance to be familiar with the law so that they know what to expect from their injury claim.