If you were hurt on the job or injured somewhere else in McAllen, TX, you may be wondering whether to file a workers' compensation claim, a personal injury lawsuit, or both. These two legal paths exist for different situations, follow different rules, and can lead to very different outcomes — so understanding which one applies to your case matters.
Texas handles workplace injury law differently from most other states, and that alone can change your options significantly. This article explains the general differences between a workplace injury claim and a personal injury claim in Texas so you know what questions to ask when you speak with an attorney.
Nothing here is legal advice for your specific situation. An attorney can review the details of what happened to you and explain exactly which path — or combination of paths — may be available.
What Is a Workplace Injury Claim in Texas?
A workplace injury claim in Texas is a request for benefits filed under the state's workers' compensation system after you are hurt on the job. Workers' compensation is a no-fault system, which means you generally do not have to prove your employer did anything wrong to receive benefits — only that you were injured while doing your job.
Benefits through workers' comp typically cover medical expenses and a portion of lost wages while you recover. In many cases, the tradeoff is that you give up the right to sue your employer directly in civil court.
Workers' comp claims are administered through the Texas Department of Insurance, Division of Workers' Compensation. An attorney familiar with McAllen, TX workplace injury cases can help you understand how the process works locally.
What Is a Personal Injury Claim in Texas?
A personal injury claim in Texas is a civil lawsuit or demand for compensation based on someone else's negligence — their failure to act with reasonable care — that caused your injury. Unlike workers' comp, a personal injury claim requires you to prove fault.
Personal injury claims can arise from car accidents, slip-and-fall incidents, defective products, dog bites, and many other situations. They are handled in civil court and typically seek damages including medical bills, lost income, pain and suffering, and other losses that workers' comp often does not cover.
In Texas, the general statute of limitations for most personal injury claims is two years from the date of the injury, though exceptions exist. An attorney can confirm the deadlines that apply to your specific case.
How Is Texas Workers' Comp Different From Other States?
Texas is the only state in the country where private employers are generally not required to carry workers' compensation insurance. Employers who opt out of the system are called "non-subscribers," and this distinction significantly changes your legal options if you are hurt on the job.
If your employer is a non-subscriber and you are injured at work in McAllen, TX, you may be able to file a personal injury lawsuit against them directly — and they cannot use certain common defenses. This can be a meaningful advantage in some situations.
If your employer does carry workers' comp coverage, your options are different. An attorney can look up your employer's coverage status and help you understand what that means for your case.
Can You File Both a Workers' Comp and a Personal Injury Claim?
In some situations, yes — you may be able to pursue both types of claims at the same time, though not against the same party. A "third-party claim" is a personal injury lawsuit filed against someone other than your employer who contributed to your workplace injury.
For example, if you were hurt on a job site in McAllen because of defective equipment made by an outside manufacturer, you might file a workers' comp claim with your employer's insurer and a separate product liability lawsuit against the manufacturer.
These situations can be legally complex, and the outcome of one claim can affect the other. Talking to a personal injury attorney before you act is one of the most useful steps you can take.
What Damages Are Available in Each Type of Claim?
The types of compensation available differ significantly depending on which claim you file. Workers' comp benefits are generally more limited but easier to qualify for, while a personal injury lawsuit can seek a broader range of damages but requires proving fault.
Workers' comp benefits in Texas often include:
- Payment of medical treatment related to the injury
- Income benefits based on a percentage of your pre-injury wages
- Impairment income benefits if you have a permanent disability
- Death benefits for qualifying family members if a worker is killed
A personal injury claim may seek compensation for:
- Full medical expenses, past and future
- All lost earnings and reduced earning capacity
- Pain, suffering, and emotional distress
- Property damage, in some cases
An attorney can help you evaluate which combination of claims may give you access to the most complete recovery for your losses.
What Should You Do Right After a Workplace Injury in McAllen?
The steps you take in the days following a workplace injury in McAllen, TX can affect your ability to pursue any type of claim. Taking action quickly protects your rights under both systems.
Three things to do as soon as possible after a workplace injury:
- Report the injury to your employer in writing and note the date you did so — Texas has strict reporting deadlines for workers' comp claims.
- Get medical attention and keep all records, including doctor's notes, diagnoses, and bills.
- Avoid giving recorded statements to any insurance company before speaking with an attorney.
Missing a reporting deadline or making an early misstep can complicate your case, regardless of which type of claim you pursue.
Frequently Asked Questions About Workplace and Personal Injury Claims in Texas
These are some of the most common questions people in McAllen ask when they are trying to figure out which type of claim applies to their situation.
Does Texas require employers to have workers' comp insurance?
No — Texas is the only state where private employers can legally opt out of workers' compensation coverage. Whether your employer has coverage directly affects your legal options after a workplace injury.
What if my employer's negligence caused my workplace injury?
If your employer carries workers' comp insurance, you generally cannot sue them directly for negligence. If they are a non-subscriber, you may be able to file a personal injury lawsuit against them. An attorney can confirm which applies to your case.
How long do I have to file a workers' comp claim in Texas?
In most cases, you must report a workplace injury to your employer within 30 days and file a claim with the Texas Division of Workers' Compensation within one year. Deadlines can vary, so an attorney should confirm the rules for your situation.
Can I choose my own doctor for a workplace injury in Texas?
Under the Texas workers' comp system, there are rules about which doctors you can see, and your employer's insurer may have a say in your treatment network. An attorney can explain your rights regarding medical care in your specific claim.
If you were hurt at work or injured in McAllen, TX and you are not sure which type of claim applies to you, FindCounselNow can connect you with a local personal injury attorney for a free case review — at no cost and no obligation to you.