Out of State Workers Injured in Texas
Any injury or illness that you suffer while on the job is the responsibility of your employer, in terms of medical and wage replacement coverage. The vast majority of employers carry workers’ compensation, which will cover 100% of your medical costs, as well as partial wage replacement. If your employer does not carry workers’ compensation coverage, you may be able to file a lawsuit in order to cover your losses. No matter what, you should not be left with the exorbitant bill of a serious injury such as a torn ligament, broken bone, traumatic brain injury, chronic back pain from to bulging disc, or other workplace injury or illness. However, for out of state workers who get injured on the job here in Texas, it is best to work with an attorney in-state. Contact the Houston lawyers of Michael P. Fleming & Associates as soon as you can to get started today.
Why Having a Local Attorney in Houston is the Best Option
A lawyer based in Texas will have intimate knowledge of the state’s employment and work injury laws. If your case requires an attorney to file a lawsuit against your employer or a third party you must have a lawyer who can practice in Texas. If your case goes to trial it is also best to have an attorney who is familiar with the courts in Texas, filing a lawsuit in the right court can have a significant impact on your case.
When you suffer a workplace injury while in the state of Texas, but are not a resident, it can seem logical to work with an attorney from your home state. Seeing your attorney in person may be easier, for one, however searching for a Texas workers’ compensation attorney while you are not even in Texas can be a challenge. We strongly urge you to consider the following when making your decision: In order for your attorney to fully understand Texas law, they must be an attorney based here in Texas. Texas does not require employers to carry workers’ compensation insurance, as per the Texas Workforce Commission.
Workers’ Compensation or Non-Subscriber?
If your employer is covered under workers’ compensation, you cannot file a lawsuit against them unless they displayed egregious negligence. However, if your employer is a non-subscriber or has “gone bare” in terms of coverage, they are left open to a personal injury lawsuit. A personal injury lawsuit may net a larger award, such as damages for pain and suffering, but workers’ compensation kicks in almost immediately, whereas the compensation from a personal injury lawsuit can take longer.
Did Your Employer Use Notice 6?
When you were hired to work in Texas by your employer, they should have notified you using “Notice 6” if they have workers’ compensation, or using “Notice 5” if they do not. One of these documents must be filed with the Texas Department of Insurance. Because of the vast intricacies in Texas employment law, you need a local Houston-based attorney with experience assisting clients with Texas workers’ compensation and employer-based lawsuits.
Contact Our Houston Workers’ Compensation Attorneys for Immediate Assistance
Whether you were injured or were exposed to dangerous substances that caused an illness at work, you deserve workers’ compensation benefits. Barring that, you have the right to file a personal injury lawsuit against your employer. Do not hesitate to contact the Houston lawyers of Michael P. Fleming & Associates today 713-221-6800.