Attorney for Workplace Injuries and Third Party Workers’ Compensation Claims in Texas

Have You Been Injured at Work?

If you or a loved one has been injured on the job, you have a right to seek compensation for your damages depending on how and where you were hurt.   If you were injured on the job and your employer carried Texas Worker’s Compensation Insurance you would most likely have a claim under Texas workers' compensation.

In Texas, workers’ compensation is a state-regulated insurance program that provides compensation for medical costs and lost income to employees who have suffered work-related injuries or illnesses. Workers’ compensation benefits are awarded without the need to prove that your employer was at fault.  If you were hurt on the job by a third party (machine, person, truck, car, etc.) you have the right to consult an attorney to try and recover monetary damages from that third party or their insurance carrier.

If you are hurt or injured while in your workplace, you may be entitled to:

  • Income benefits - Through the program, you may receive supplemental income to replace wages lost during your job-related injury or illness. Income benefits can include:
    • Temporary income benefits - You may be able to get temporary income benefits (TIBs) if your work-related injury or illness causes you to lose some or all of your wages for more than seven days. TIBs are 70%-75% of the difference between your average weekly wage and the money you are able to earn after your work-related injury.
    • Impairment income benefits - You may get Impairment Income Benefits (IIBs) if you have a work-related injury or illness that affects your body as a whole. IIBs are 70% of your average weekly wage.
    • Supplemental income benefits - Supplemental Income Benefits (SIBs) are paid monthly by the insurance carrier after your Impairment Income Benefits (IIBs) have ended. SIBs are 80% of what you get when you subtract the difference between 80% of your average weekly wage and any wages you got after your work-related injury.
    • Lifetime income benefits - Lifetime income benefits are paid for a major loss of body function which could include loss of sight, amputated body parts, paralysis, burns, or brain injuries. These benefits are paid out at 75% of your average weekly wage with a 3% annual increase.
  • Medical benefits - Texas workers’ compensation insurance pays for necessary medical treatment after a work-related injury or illness. The insurance carrier pays these benefits to the doctor or facility that provides your medical treatment.
  • Burial benefits - The funeral expenses of a family member killed on the job may be reimbursed under this program. They are paid to the person who paid for the burial expenses.
  • Death benefits - The family of someone who dies as a result of a work-related injury or illness may receive compensation for lost family income. Death benefits are 75% of the deceased employee's average weekly wage.

As mentioned above, if another party was involved, you may also have the right to process a claim for third-party liability. Third-party liability claims are a result of someone other than your employer being negligent and causing injury.

If you have been injured at work or contracted a job-related illness, you should consult an experienced workplace injury lawyer who can guide you through the process of obtaining compensation – especially when there is a 3rd party at fault for your workplace injury.

Workers’ Compensation in Texas

Workers’ compensation insurance is meant to provide employees with money for medical costs and lost income after a job-related injury or illness. In Texas, companies are not required to subscribe to workers’ compensation insurance, but if they don’t carry such insurance, they are open to being sued directly for injuries on the job.

Texas provides important benefits to injured workers. Not all companies subscribe to workers’ compensation insurance. If you are injured while working for a “non-subscriber,” you may have legal options under Texas personal injury law.

The Division of Workers’ Compensation (DWC) of the Texas Department of Insurance administers the claims process, which can be complicated. We are experienced at filing clients’ claims as well as navigating other aspects of the process, including temporary income benefits, lifetime income benefits, impairment rating disputes, and appeals of DWC rulings.

We are relentless in our pursuit of justice on behalf of people who are injured on the job. We will discuss your claim at length to see what avenues of recovery are available to you.

Texas Workers’ Compensation FAQs

How long to I have to report my work injury?

In Texas, you must report your injuries to an employer within 30 days from the date you were injured.

How long does workers comp last in Texas?

Medical care coverage lasts for as long as the medical care is needed. Income benefits last until you are able to return to work.

The insurance companies will do everything they can to reduce the timeframe associated with payment. Having an attorney on your side will help you obtain the maximum benefit under the law.

Can I file a workers’ compensation claim if I caused my own injury?

Yes. Because workers’ compensation is a no-fault system, you can claim benefits even if you caused your own injury. 

What is the difference between short term disability and workers’ compensation?

Short term disability insurance is an elective benefit that is often paid for by the employee. It is designed to assist workers who are hurt outside the job but cannot work due to their injuries.

Workers’ compensation is paid for by the employer. It is designed to assist employees who are hurt while working for their employer. Benefits could be paid short term or for life.

Does my employer have to carry worker’s compensation insurance?

No. In Texas, private employers do not have to carry workers' compensation insurance.

How can I find out if my employer has workers’ compensation insurance?

Employers are required to inform employees of workers’ compensation insurance. This might be done at the start of employment or a notice could be posted in a high foot traffic area. You may also reach out to your Human Resources department to see if they can provide information.

Can my employer fire me for making a worker’s compensation claim?

No. It is against the law for an employer to fire or retaliate against you simply for filing a worker’s compensation claim. 

Do I need to have a lawyer represent me?

You don’t have to hire an attorney for a worker’s compensation claim, however, a lawyer will make the claims process goes a lot smoother. An experienced attorney is familiar with the process, he will be able to properly present evidence of the claim, and he can manage the communication and negotiations with claims adjustors.

Free Initial Consultation and No Out-of-Pocket Costs*

If you are injured and believe you have been a victim of someone else’s negligence, call me at 281-929-0110 for a free initial consultation. Or if it is an emergency, please feel free to text me at 832-797-7600.

*As your personal injury lawyer, I will only receive a fee if we recover a settlement or jury verdict for you. In other words, you don’t pay any legal fees unless I make a financial recovery for you!

Have a question about an injury or legal issue?

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