Suffering a workplace injury can trigger a domino effect of issues that leaves many people wondering how they are going to cover medical bills and make up for lost wages. For some, this even means trying to continue to work despite their injury. Luckily, Texas has protections in place for workers, giving them options for recovering compensation after an on-the-job injury. Often, this may include:
- Filing a claim based on the workers’ compensation their employer provides; or
- Filing an insurance claim or lawsuit against their employer to recover the necessary compensation.
At D. Miller & Associates, PLLC, we can help you understand the best option for getting the compensation you deserve after a Baytown workplace injury. We can help you understand the laws that outline your options and help you navigate the claims process. Call us today at 713-850-8600 for a complimentary consultation with a work injury lawyer in Baytown.
Understanding Texas Workers’ Compensation Laws
If you suffered an on-the-job injury in Texas, you likely qualify for benefits through your employer’s workers’ compensation coverage. Many employers provide these benefits to workers as a part of a package, although the state does not require them to do so.
To get workers’ compensation benefits after an injury, you must meet three qualifications:
- You must work for a company that offers this type of benefit through the state workers’ compensation program;
- Your company must classify you as an employee, rather than an independent contractor or volunteer; and
- You must suffer the injury at work, or suffer from an illness that occurred because of something your job exposed you to.
Occasionally, employers do not offer workers’ compensation through the state program, but instead, offer alternative coverage through another insurance policy. While this policy may differ from the state workers’ compensation program, many of the same benefits are likely available.
During your initial consultation with one of our attorneys, we can help you understand the workplace injury benefits available to you and explain the claims process required to receive them. We can walk you through this process, protecting your right to compensation.
Getting Workers’ Compensation Benefits in Baytown, Texas
If you meet the requirements to draw workers’ compensation, you may qualify for the following types of benefits.
Income benefits offer a portion of your regular pay while you cannot work. There are several types of income benefits, and you may qualify for one or more depending on the severity and nature of your injuries. These include:
- Temporary benefits until your injuries heal, and you can return to work;
- Supplemental income to help you make ends meet;
- Disability income if you cannot return to work; and
- Lifetime income benefit for those with major injuries.
Medical benefits pay for the health care services related to a workplace injury or illness. This could include:
- Ambulance transportation from the scene;
- Emergency department services;
- Outpatient treatment costs;
- Rehabilitation and therapy;
- Prescriptions drugs; and
- Other related care costs.
Death and Burial Benefits
These benefits help cover the cost of funeral and burial costs if an on-the-job accident takes the life of a family member. While these benefits are not as common as income and medical benefits, they can help a grieving family make ends meet after the death of a loved one.
Filing a Third-Party Liability Claim After a Workplace Injury
You may be able to file a third-party liability insurance claim or a personal injury lawsuit if you suffered injuries at work, but your employer does not offer workers’ compensation benefits. We can review the facts of your case and provide advice on taking this step.
Often, we can help you identify the liable party responsible for your injury and file a claim to recover compensation for your medical care and lost wages. In many cases, your employer failed to take action to prevent your injuries. These cases can be difficult to prove, but we can often negotiate a fair settlement with the insurance company. If your employer refuses to negotiate, denies wrongdoing, or will not pay out a fair settlement, we will not hesitate to file a personal injury lawsuit and take your case in front of a judge.
Damages Available From a Third-Party Liability Claim
The damages available from a third-party liability claim or personal injury lawsuit cover a lot more ground than the typical workers’ compensation claim. We can often recover a wide variety of compensatory damages for our clients after a workplace injury. Some of the most common include:
- Medical expenses;
- Ongoing and future care costs;
- Lost wages, including future lost income;
- Lost benefits and retirement;
- Injury-related out of pocket costs;
- Attorney’s fees and other legal expenses;
- Pain and suffering damages; and
- Wrongful death damages, if your loved one died in a fatal work accident.
Winning Your Third-Party Liability Claim
To win compensation, we must prove your employer or another third party acted in a negligent manner. This requires us to conduct a full investigation and gather any available evidence to establish four elements:
- The at-fault party had a duty to keep you and other workers safe by following all applicable rules and best practices;
- They failed to uphold this duty and allowed unsafe conditions to develop;
- Their failure led directly to your workplace injury or illness; and
- You suffered compensable damages as a result of this incident.
If we review your case and believe you have a valid third-party liability case, we will handle your claim on your behalf. We may even be able to recover compensation for you if your employer claims you contributed to your own injuries or if you cannot identify the cause of your accident.
Talk to a Work Injury Lawyer in Baytown, Texas
At D. Miller & Associates, PLLC, we can evaluate your workplace injury and help you understand your options for getting the payout you need and deserve. We can help you file a workers’ compensation claim, file a third-party liability claim, or take the at-fault party to court. Call us today at 713-850-8600 to discuss your Baytown workplace injury.
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