We depend on our jobs to help us earn a living. However, your life can quickly change if an on-the-job injury stops you from working and financially supporting your family.
At D. Miller & Associates, PLLC, we understand the tough times employees go through after suffering an injury at work. We can help you recover compensation from a work-related accident in Texas. If you suffered a work-related injury, call us today at 713-850-8600 to schedule a free consultation with a work injury lawyer in Beaumont.
If you have a viable case, we can help you develop a legal strategy for your claim. We will find the parties liable for your injury, collect evidence against them, and help you file a workers’ compensation claim or a personal injury lawsuit.
Should I File a Workers’ Compensation Claim or a Personal Injury Lawsuit?
Many employers have workers’ compensation insurance to cover the costs employees face after an accident. If a business carries this insurance, you cannot sue after an injury. However, under state law, companies do not have to carry workers’ compensation insurance. Even if your employer does carry it, there are some situations where your employer may try to deny your claim or you may not have coverage under the policy.
Who Has Coverage Under Workers’ Compensation?
Workers’ compensation coverage is only available to full-time employees. That means independent contractors cannot file for benefits, even if an injury occurred while they were working.
Some truck drivers are not considered full-time employees. If you were in a truck accident as an independent contractor, we can help you use another method to recover compensation.
This situation also comes into play in rideshare driver accidents. Drivers for Uber and Lyft, for example, are independent contractors, not full-time employees. If you were in an accident as a rideshare driver, you can recover compensation by filing an insurance claim or lawsuit. Understanding which policy offers you coverage in this type of crash can be difficult, so contact our attorneys for help.
What Does Workers’ Compensation Cover?
Workers’ compensation provides compensation after a variety of work-related accidents. If you suffered injuries in an industrial accident, for example, you should qualify for workers’ compensation. This program also offers benefits in other situations, such as:
- After a slip and fall on a job site;
- In a car accident, if you were driving a work vehicle at the time;
- If you suffered a head injury while at work; and
- If any other hazardous workplace condition caused an injury.
In these cases, we would help you file a workers’ compensation claim. If approved, you will receive benefits for:
- Medical care to treat your work-related injury or illness;
- Income to replace a portion of your lost wages;
- Death benefits to compensate surviving family members if a loved one died on the job; and
- Burial benefits to pay some of the deceased worker’s funeral costs.
In some cases, these benefits are not enough to pay for all of your related costs. If there were other parties responsible for your accident or your injuries, we have options to recover additional compensation for you.
How Can I Get Additional Compensation?
If someone else’s negligence caused your accident and you suffered injuries, we can file a third-party claim to recover a settlement outside of the workers’ compensation program. A liable third party could be an individual or another company that caused the harm.
For instance, if you were driving the company vehicle on a work-related assignment and another driver crashed into your car, you can hold that driver liable for the accident and the injuries you sustained. Or, if a malfunctioning piece of work equipment caused your accident, the equipment manufacturer may be responsible for producing a defective product that caused your injuries.
We have the resources and skills to conduct an investigation to identify any other parties who were responsible for your work injury. We will gather evidence to support your case, including your medical reports detailing the nature and severity of your injuries, a police report if the authorities responded to your accident, and other documentation showing what happened in your case.
Depending on the circumstances of your accident and your injuries, we may seek also punitive damages to punish the parties responsible. A judge may award these damages if the at-fault party acted in a reckless or malicious manner.
Do I Automatically Receive Workers’ Compensation?
No, your employer has to approve your workers’ compensation claim. Having one of our work injury lawyers is beneficial at a time like this. If your employer or its insurance company challenges your claim, we will look out for your best interests and fight an unfair denial.
Why Would My Employer Deny My Claim?
Your employer’s insurance company may try to reduce or deny your claim in an attempt to save money. To do that, it may review the circumstances of your accident, look at your injuries, and conclude they are not serious enough to merit workers’ compensation benefits. An insurer may also claim that you caused your own injuries or you were under the influence of drugs or alcohol at the time of your accident. If that is true, you will receive a denial for your claim.
Our attorneys have heard these and other excuses from insurance companies before. We know how to challenge these claims to get you the compensation you deserve for your work injury.
D. Miller & Associates, PLLC, Can Help You After a Work Injury in Beaumont.
Whether you fell from a scaffold or hurt your back from heavy lifting, the legal team at D. Miller & Associates, PLLC, can help you pursue compensation for your injury.
Call us today at 713-850-8600 to schedule a free consultation with our work injury attorney in Beaumont. We work on a contingency basis, so you do not pay us unless we recover compensation for you.