If you were injured at your workplace in the Dallas/Fort Worth area, you will not be able to apply for workers’ compensation benefits if your employer is a non-subscriber employer who does not provide these benefits. Fortunately, you do have options. You can sue your negligent employer for compensation for your injuries. When considering whether to do this, you most likely want to know how much your claim is worth. While there is no exact formula for figuring this out, you can get a sense of how much you might receive by considering the types of compensation you could receive and factors that affect these settlements.
Types of Compensation That You May Receive in a Work Injury Case in Dallas
If you are able to prove that your employer’s negligence contributed to your injuries, you are entitled to receive all the compensation you deserve for your injuries. Types of compensation awarded in these cases include:
- Medical expenses. You are entitled to be compensated for your doctor bills, hospitalizations, surgeries, physical therapy, medications, and any other medical treatments you need. This includes both past and future costs.
- Lost wages. You can recover the wages you lost and will lose while you are off work recovering from your injuries. If you must change jobs due to your injuries or are permanently disabled, you may be entitled to lost earning capacity damages.
- Pain and suffering. While wages and medical bills can be estimated, it is hard to put a dollar amount on the pain and suffering and emotional trauma you suffered due to your injuries. An experienced workplace injury attorney can help you value this portion of your claim.
- Punitive damages. Punitive damages are a rarer type of damages and are awarded to punish an employer whose actions are grossly negligent. This is another type of compensation that would be hard to get without the assistance of a skilled lawyer.
Factors That Could Influence the Value of a Workplace Injury Claim
Every workplace injury case is unique, and the factors that can affect the value of a claim vary. However, here are some factors that can influence how much your claim is worth:
- Disputes. When there are legitimate disputes as to the employer’s negligence in causing your injuries or whether a defense, such as the routine job defense, is applicable, this could reduce the value of your claim. However, the key issue is whether the dispute is valid or one simply raised by the insurance company to try to deny your claim.
- Severity of your injuries. If you suffered serious injuries or a permanent disability, this will entitle you to more compensation for medical expenses, lost wages, and pain and suffering—and increase the value of your claim.
- Insurance company. When you file a claim for compensation after being injured at work, there is always some negotiation between the insurance company and your attorney. This is true even if your non-subscriber employer’s liability is clear cut. However, in some cases, the insurance company will not be reasonable, and you could have to fight harder to obtain the settlement you deserve.
- Jury. While many of these cases settle out of court, your attorney may need to file a lawsuit and litigate your claim. If you must take your case to a jury trial, there is no guarantee of how the jury will decide your case. However, if you have strong proof of your employer’s negligence and your injuries, this will increase the strength and value of your claim.
- Your attorney. Having an experienced workplace injury attorney who has a record of success in settling and trying cases against non-subscriber employers will also increase the likelihood that you will receive what you deserve either in settlement with the insurance company or through a jury verdict.
If you suffered a workplace injury in Dallas or Fort Worth and are employed by a non-subscriber employer, our skilled attorneys are here to collect the evidence you need to win your case and to fight for the compensation you deserve. To learn more about our extensive experience in these cases and your legal options, start an online chat to schedule your free consultation.