In Texas, employers may choose to opt out of carrying workers’ compensation insurance. The intent of this type of insurance is to provide injured workers with the financial support they need after a work accident, including coverage of medical bills and other expenses. If you are injured at work and your employer does not have this type of insurance coverage, how can you secure what you need for a full and fair recovery?
As an injured worker, there are legal options available to you. You may have the option to seek the compensation you need through the civil justice system. In many situations, work injury claims go through the arbitration process, a method of resolving legal disputes that allows both parties to avoid the litigation process. After a work injury, you may benefit from an explanation of the specific legal options available to you.
What to expect from arbitration
Arbitration is an alternative to going to court over a lawsuit. After a notice of arbitration, there may be a selection of arbitrators, a group that will oversee the process, look at evidence and make the final decision on the case. While each arbitration hearing is different, each side will have the opportunity to present evidence, and there may also be witness testimony. The two sides may have the chance to question witnesses brought by the other.
In many ways, the arbitration process is similar to the courtroom process. After hearing evidence and witness testimony, the arbitrators will make the final decision on the case. Depending on your individual situation, the final ruling may be final, but there are times when it may be possible appeal the final ruling by the arbitrators.
Is it better than litigation?
Despite its similarities to the litigation process, there are many reasons why the arbitration process may be more beneficial. The parties can create a contract that will allow them to outline how the arbitration process will go, giving them more control over the proceedings. You may also find that this is a less intimidating and stressful process than litigation.
After a work injury, you may seek justice and recovery through a civil claim, and you may do this through arbitration. It may be helpful to first seek an understanding of all of the legal options available to you before you make any important decisions about your case.