When to Hire a Workers’ Compensation Attorney
Under federal law, employees have the right to a safe workplace, but individual states have different rules and regulations pertaining to workplace safety. Texas, for example, does not require employers to carry workers’ compensation insurance. This means that employees injured on the job can seek compensation from their employer directly. If you’ve been injured on the job in San Antonio, your employer may be held liable for damages, whether physical, emotional, or financial. If questioning when to hire a workers’ compensation attorney, the time is now. At Carabin Shaw, our attorneys are here to fight insurance companies and negligent employers on your behalf.
Workers’ Comp Basics
Workers’ compensation refers to an insurance program that provides a monetary payoff to a worker if he / she is injured on the job or because of his / her work. Essentially, workers’ comp is a way for employers to protect themselves against civil lawsuits filed by the injured worker; while employers avoid dealing with the long processes of courts, it can also prove beneficial for the victim who may be in need of immediate financial relief. However, once a worker agrees to an amount and compensation, they are technically waving his or her right to sue an employer anytime after the settlement has been made. A San Antonio workers’ compensation lawyer can help determine when you or a loved one meets the criteria to file a claim. Let’s look at some of the basic requirements.
Who Can File a Workers’ Comp Claim?
- A person whose employer has a compensation policy in place
- A person who was injured at their site of work or developed an illness or other bodily injury as a side effect of their work
- The injured person was an employee of the business
- Employees do not have to be U.S. Citizens to qualify for workers’ comp. Undocumented workers are covered under Texas workers comp laws.
- A spouse or surviving family member
According to San Antonio workers’ compensation lawyers, workers’ comp coverage includes the following:
- Medical expensenses
- Travel expenses
- If you had to travel in order to receive medical treatment
- Death benefits
- If an individual dies on the job, surviving family members, especially a spouse, may be entitled to the deceased’s lost wages as well as funeral and burial expenses.
There are four types of income benefits as established by the Texas Workforce Commission (TWC), which include:
- Temporary Income Benefits
The amount that a worker receives is calculated in the following way: 88% of the average weekly wages are covered. The TWC formulates calculations based on the average weekly wages of the state. In 2019, the weekly maximum an injured worker can receive in Temporary Income Benefits regardless of their pre injury income is $938.00. The minimum a established that a person can receive in TIB is $141.00.
- Impairment Income Benefits (IIBs)
Injuries caused by work-related incidents that are or become permanent.
- Supplemental Income Benefits (SIBs)
If a person has not returned to work or has returned to work but is not able to make 80% of the state weekly wage average.
- Lifetime Income Benefits (LIBs)
If a work-related injury meets the following criteria:
- Loss of limb(s)
- Permanent blindness
- Physically traumatic injury to the brain
- Third degree burns covering certain amounts and areas of the body
If you or a loved one has suffered a work related injury, you may be wondering, “is there is a reliable work accident attorney near me?” At Carabin Shaw, our team is composed of committed San Antonio work injury lawyers who are dedicated to fighting on your behalf.
Our San Antonio attorneys are available to help you determine what the best course of action is for your case. Even if you are unsure of when to hire a workers’ compensation lawyer, our lawyers offer a free consultation. Call our law firm in San Antonio at 210-222-2288 to schedule your consultation with one of our expert lawyers, today.