What Types Of Workers’ Compensation Claims Does Your Firm Handle?

The most common types of work injuries are back injuries. Most people who report work injuries are people who work in construction or warehouses. Those are typically physically demanding jobs. Other types of common injuries involve falls, which typically result in back injuries, knee injuries, and shoulder injuries. Ladder accidents are also fairly common. People have falls from them, which can be very dangerous, even if the height is low.

Who Can Typically Be Held Liable In A Worker’s Compensation Case?

There is a critical distinction between cases that I handle in New Mexico, which requires all employers to provide worker’s comp, versus in Texas, which does not have mandatory employer-provided worker’s comp insurance. The other complicating issue in Texas is that some employers provide worker’s comp insurance through the state system and others provide a type of insurance that they have purchased. The legal responsibility depends on what type of insurance the employer provides. In the case of the former, it is the worker’s compensation insurance carrier who is responsible for providing benefits under the state system.

On the other hand, if it’s an employer-provided insurance, then that insurer would be responsible for providing very limited benefits. Those include medical coverage and lost income benefits but they do not provide damages for mental anguish, pain and suffering, or impairment benefits. However, the employee reserves the right to file a lawsuit directly against the employer if there’s evidence that the employer’s negligence contributed to the injury. Those Texas employers who choose not to provide coverage through the state system have exposed themselves to those types of suits.

New Mexico requires all employers to provide worker’s comp insurance. Frequently, Texas employers will illegally send employees into New Mexico to perform work duties, aware of the fact that it can expose them to direct liability. As an employer, if you are going to send your employees into New Mexico or any other state and you do not provide worker’s comp insurance through the New Mexico system, it can create some liability issues for you.

For more information on Workers’ Compensation Claims In TX & NM, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (915) 301-7819 today.