If you were injured while on the job in Texas, you may be entitled to workers’ compensation benefits. These benefits are designed to help injured employees recover without having to prove fault. However, the process is not always simple, and many workers run into delays and disputes over what kinds of financial relief they should receive.
Learning about how workers’ compensation works in Texas can help you protect your income, as well as your long-term financial stability after a workplace accident. Reach out to our worker’s compensation lawyer in El Paso today for assistance.
How Workers’ Compensation Works in Texas
Texas is unique because most private employers are not required to carry workers’ compensation insurance. Employers who do carry coverage are called “subscribers.” Employers who opt out are known as “non-subscribers.”
If your employer is a subscriber, your benefits are handled through the workers’ compensation system. You generally cannot sue your employer (though there are exceptions), but you can receive defined benefits.
If your employer is a non-subscriber and/or if any third parties (like a contractor or property owner) share liability, you may also be able to pursue a personal injury claim for money damages that way. This type of claim can compensate you for pain and suffering and other things not covered by workers’ comp.
Types of Workers’ Compensation Benefits Available
Texas workers’ compensation provides several categories of benefits depending on the nature and severity of the injury.
Medical benefits cover necessary treatment related to the work injury. This includes doctor visits, hospital care, surgery, physical therapy, and prescription medications.
Income benefits replace a portion of lost wages if the injury keeps you from working. These benefits may include:
- Temporary income benefits
- Impairment income benefits
- Supplemental income benefits
- Lifetime income benefits
Death benefits and burial benefits may also be available if a worker is killed on the job. These benefits are paid to surviving family members.
What You Must Do After a Workplace Injury in Texas
To protect your right to benefits, you must report the injury to your employer as soon as possible. Under Texas law, this is usually required within 30 days of the injury or of discovering a work-related illness.
From there, the time limit to file your claim with the Texas Department of Insurance, Division of Workers’ Compensation is one year from the date of the accident in most cases.
If you intend to file a personal injury lawsuit, that deadline is usually two years. Missing any of the applicable time limits for your case could jeopardize your ability to recover compensation.
Common Workers’ Compensation Disputes
Many claims are delayed or denied because of disputes over things like:
- Whether the injury happened at work
- Whether the injury is as severe as claimed
- Whether medical treatment is necessary
- Whether the worker can return to light duty
These disputes often lead to hearings, appeals, and additional medical evaluations.
How a Workers’ Compensation Lawyer Can Help You Receive Benefits
Although workers’ compensation is supposed to be a no-fault system, injured workers frequently face resistance from insurance carriers. A lawyer can help level the playing field by:
- Making sure all of the relevant deadlines are met
- Gathering medical evidence to support your claim
- Challenging denied and/or reduced benefits
- Representing you at benefit review conferences and hearings
- Protecting you from retaliation by your employer
Attorney Cal Mundell was born and raised in El Paso and has recovered millions of dollars for our deserving clients to date. If you hire our legal team for your case, we’ll work hard to look into all of your legal options, including a workers’ comp claim and personal injury lawsuit if possible.
Contact Cal Mundell Law Firm, PLLC for a Free Consultation
If you were injured at work in the El Paso, Texas, area, you may have multiple legal options available to you for securing compensation. Reach out to us today for a free consultation to learn more at (915) 250-0700 or by reaching out to us online.