FAQ About Injured Workers' Rights
Answer: Most all personal injuries are covered, including back injuries, neck injuries, shoulder and knee injuries, head injuries and repetitive stress injuries. Additionally any kind or type of physical injury or industrial disease is covered by workers' compensation, as long as it is work-related. An injury or medical condition you already had prior to employment may not qualify unless it was exacerbated or hastened on the job. If you or a loved one has been injured or suffered a loss at work, call our Law Firm we can help.Question 2: What is workers' compensation?
Answer: Texas workers' compensation laws allow workers who are injured or killed in the courses of their employment to receive compensation without filing a traditional lawsuit and proving who caused the accident or injury. An injured worker need not prove that his or her employer was negligent or at fault. The worker must only show that the injury occurred in the course and scope of his or her employment. Unless someone or something other than the employer or a coworker was responsible for the worker's injuries, workers' compensation will be the exclusive remedy for the injuries. However, if it can be shown that an individual who was not a co-employee or a defective product was the cause of the injury to the worker, then the worker may have both, the right to file for workers compensation and have a lawsuit for pain and suffering, mental anguish, other damages and possibly punitive damages. Call our Law Firm, we will meet with you for free and help investigate if you are entitled to workers compensation benefits as well as a lawsuit for damages against a responsible third party. Call us toll free at 1.800.862.1260.Question 3: What do I receive for my injuries?
Answer: In general, Texas workers' compensation medical and monetary benefits are controlled by Texas law. Benefits are administered to injured workers depending on their extent and type of injury and will be determined from a schedule and/or formula. Texas law authorizes the payment of any and all medical bills that relate to your injury, as well as payments to make up, at least in part, for the wages you lose because of your injury. In some cases, you may be able to receive money to help you train for a new job. You may also be entitled to a stream of future payments in the event of a physical or mental impairment.Question 4: What happens if my employer does not have workers' compensation insurance?
Answer: Most larger Texas Employers carry workers' compensation insurance that they purchase from an Insurance Agency or an Insurance Company. However, some Texas employers elect to operate without workers compensation insurance. Employers who operate without insurance are referred to as "non subscribers." If a negligence can be shown against the employer and on behalf of the non-subscriber employee, Texas law allows for a direct lawsuit where damages such as pain and suffering, lost wages, and mental anguish can be recovered.Question 5: What do I do if I have been injured on the job?
Answer: Your first step should be to always report your injury to your employer as soon as possible. Usually, a verbal report is all you need to make. If you or a loved one has been injured or suffered a loss at work, please call our Law Firm... we can help. You should also immediately seek medical care for your injuries. You also have the right to select your doctor of choice. This may be important because some company doctors may attempt to rush you back to work, regardless of your condition.Question 6: Where should I seek immediate medical attention?
Answer: Emergency care can be sought without concern about approval, but the right to select your ongoing treating doctor is yours in most cases. There are some rules that can limit your selection, as to whether your treating doctor is on an approved list of approved doctors from which you can choose. If you are unhappy with the doctor or other health care professional, you may have the right to request treatment from someone else. Call our Firm... we can help you find a doctor that will look out for your best interest and is approved as a treating doctor.Question 7: Are workers' compensation benefits taxed?
Answer: Workers' compensation benefits are not taxed by either the federal government or the states. An exception can occur when the workers' compensation is being received in place of Social Security Disability Insurance or Railroad Retirement benefits. However in most cases, workers' compensation benefits are not taxed.Question 8: My employer and I disagree about my workers' compensation benefits. What can I do?
Answer: Texas Law provides you as the claimant an opportunity for review meeting called a Benefit Review Conference, formal hearing, and appeal within the workers' compensation commission if you and your employer, or your employer's insurer, cannot resolve a dispute. Normally a workers' compensation claim can also be appealed beyond the DWC to a reviewing court. We highly recommend that you be represented by an experienced workers' compensation attorney in any workers' compensation claim, especially at any hearing and on appeal to a court.Question 9: How much money would I need to hire your Law Firm?
Answer: NONE. Our Law Firm is different from most. We do not charge our clients any up-front fees or expenses. We are only paid attorney’s fee unless and until we win your claim and you begin receiving benefits. And we charge no fees on any "third party lawsuits" until we obtain a settlement or a trial verdict in your favor. If we do not settle or win your case, you do not owe us attorney’s fees or expenses.Question 10: I was injured on the job, but the injury was caused by someone or something with no connection to my employer. What are my rights?
Answer: You still have the right to receive workers' compensation benefits. However, you may be able to bring a separate lawsuit against the individual or party or product that caused your injuries. If you recover against the third party, your employer or its insurer may be entitled to reimbursement out of a monetary damage award. It is important to consult with an attorney with experience in this area of the law to learn exactly what your rights are in this situation. These types of cases commonly referred to as "third party claims" can be substantial in size, with some cases valued well in excess of one million dollars.
Call our Law Firm, we will meet with you for free and help you file a workers' compensation claim and investigate whether a lawsuit can be filed against a "third party" for monetary damages for your injuries. Call us toll free at 1.800.862.1260.