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Can I Receive Workers’ Comp in Houston, TX if it Was My Fault?

The workers’ compensation attorneys have been answering many questions for the state’s employees. One prominent question is, are you eligible to receive workers’ comp in Houston, TX, when it is unclear if your injuries were caused by an external source, such as employer negligence, or from your own fault.

Workplace injuries can even turn into fatalities. The U.S. Department of Labor says transportation-related accidents were the leading cause of workplace deaths in 2020.

We invite all potential clients who may be interested in discussing their legal options regarding work-related accidents involving personal fault (such as causing one’s own injury from negligence) to contact us today so they can get started on their claim right away!

Workers’ Comp in Houston, TX is a No-fault Program:

Houston is a no-fault workers’ compensation state. What this means is that the workers can obtain benefits regardless of whether they were at fault for their injuries or not. These workers’ compensation benefits could include:

  • You can get the medical benefits which will cover the cost of medical treatment. These benefits include hospitalization expenses, surgery, physical therapy, prescription medications, and all other treatments required for a worker’s recovery.
  • Once your claim is settled, you can receive the permanent partial disability benefits as well. This is true if the injury at the workplace caused you permanent disability, yet you were still able to perform some job-related work. These are the benefits given when there is a loss of functions related to your skills.
  • Other benefits are 70 percent of your weekly pay as you earned before you got injured. These benefits are called temporary total disability. You will continue to receive these benefits until you can get back to your work as usual. The doctor’s opinion is crucial in this case – only they can recommend whether you can now return to work or not after assessing your maximum medical recovery.

Workers’ Comp in Houston, TX is even provided if the worker is killed due to his/her own fault. Benefits are given to the dependents of the deceased. This also includes the funeral costs as well.

Assaults in the Workplace:

Were you injured at work due to an assault? You may be eligible for workers’ compensation benefits. Your eligibility will depend on the details of your dispute, and if it is due to the employment relationship, then you are entitled to get workers’ compensation benefits.

Workers’ compensation is not covered if you are injured at work due to a personal relationship with another worker. You must show that your injury occurred in the scope of employment. In any case, you can always file the claim for compensation with a personal injury case against the aggressor. A person can pursue their own case either through a civil procedure called “personal injury,” which will allow them to recover compensation for the injury.

There are two different types of injuries that can arise from horseplay. First, if the employee was not involved in or instigating it; in that case, they might have a claim for workers’ compensation coverage against their employer if this type of activity led to an injury at work. However, if horseplay is the nature of the job at the workplace, then injuries are covered by workers’ compensation if the incident did not deviate from the nature of employment.

Injuries During Work Breaks:

If you are injured while taking a break at work, your injuries may or may not be covered under workers’ compensation. For breaks to qualify as “working,” they typically need either have occurred on company grounds and/or been connected with what happened during the victim’s employment period.

This includes:

  • If the injury occurred at the cafeteria of the company
  • If the injury occurred out somewhere while you were at lunch with your employer
  • If the injury occurred at an event that the company sponsored

Our Lawyers Are Here For Your Help:

Suppose you sustained an injury at work and are unsure whether you are eligible for Workers’ Comp in Houston, TX. In that case, our workers’ compensation lawyers are here to help determine if you are eligible for benefits. Schedule a free consultation and learn what legal rights come with being injured on the job!

There’s never been a better time to work with our firm! If you choose the right team, there are no upfront fees. We only charge clients who succeed in recovering compensation on their behalf-and that comes at an affordable rate for any budget.

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