If you suffered a workplace injury in Texas, you may be struggling to understand your options for getting compensation to cover your medical bills and lost wages. A work injury lawyer in Pearland can help you determine the best way to get the money you need, based on the details of your individual situation. Usually, workers can recover compensation by:
- Filing a workers’ compensation claim; or
- Filing a third-party insurance claim or lawsuit.
The D. Miller & Associates, PLLC, legal team can help you pursue the compensation you deserve after an on-the-job injury in Pearland. Our attorneys offer free case reviews. We can explain the laws that apply in your case and guide you through the process to get the full benefits you deserve. Call us today at 713-850-8600 to learn more.
Texas Workers’ Compensation Laws
Many people who suffer work injuries in Texas qualify for workers’ compensation benefits. Employers often provide this coverage to their workers as a part of a comprehensive benefits program. State regulations, however, do not require companies to offer their employees workers’ compensation coverage.
To qualify for benefits through a workers’ compensation policy, you must:
- Work for a company that offers these benefits through the Texas state program;
- Be a full-time employee of the company, not an independent contractor or volunteer; and
- Suffer the injury at work or suffer from an illness because of your job.
In some cases, your employer may offer some type of alternative coverage instead of participating in the state workers’ compensation program. We can help you understand the benefits your company provides and navigate the process to file a claim and get the money you deserve. If your employer does not offer any type of benefits for injured workers, we may be able to hold them liable for your damages through a liability insurance claim or lawsuit.
Workers’ Compensation Benefits Available in Pearland
If your employer participates in the state workers’ compensation program and you meet the other requirements, you are eligible to receive four types of benefits:
- Burial; and
The benefits most people associate with workers’ compensation coverage are the income benefits. These cover a portion of your lost wages and help you make ends meet while you miss work. These benefits become even more important if you suffered a serious illness or injury, such as a traumatic brain injury, and will miss weeks or even months of work. You could qualify for any of several types of income benefits, including:
- Temporary income, until you can return to work;
- Supplemental income;
- Disability income; and
- Lifetime income benefits.
Medical benefits are also available through workers’ compensation. They pay for your medical care associated with your injury or illness. This should include reimbursement for:
- Doctor visits or hospitalization;
- Treatment costs;
- Prescriptions drugs;
- Rehabilitation or therapy; and
- Other related costs.
Third-Party Liability After an On-The-Job Injury
If your employer does not participate in the state workers’ compensation program, you may be eligible to file a third-party liability claim or personal injury lawsuit. We can help you get the money you need to pay for your medical care and cover your household bills by identifying the party responsible for your injury and holding them liable.
In many cases, the responsible party will be your employer. They should have a liability insurance policy in place, allowing us to file an insurance claim to get the money you deserve. This claims process can be complex, and we will need strong evidence to prove your case. We will fully investigate your injury accident, identify any and all liable parties, and present your case to the insurance company. In most cases, we can negotiate a fair settlement to recover the damages you suffered without filing a lawsuit. If not, we will not hesitate to take your case in front of a judge.
Damages from a Third-Party Liability Claim
While workers’ compensation typically only provides benefits to cover your medical care and a portion of your lost wages, a liability insurance claim can recover many other types of damages. When we handle this type of case, we collect bills, receipts, and other evidence to support a payout that covers the full value of your economic and non-economic damages.
Some of the common damages we recover for our clients include:
- Medical bills;
- Ongoing care costs;
- Lost wages;
- Future lost income and benefits;
- Other injury-related costs;
- Attorney’s fees and legal expenses;
- Pain and suffering; and
- Other non-economic losses.
We usually settle these cases out of court. However, if we have to file a lawsuit in your case, we may also be able to ask the judge to award punitive damages. The court uses these damages to punish the liable party for especially careless or reckless behavior, with the goal of preventing the same thing from happening again.
How to Win a Third-Party Liability Claim
We must build a strong case before we can recover compensation through a third-party liability claim. We need to show your employer or another party acted negligently and this caused your injuries or illness. To do this, we need to establish the four elements of negligence:
- Your employer had a duty to keep workers safe by following all rules, obeying all standards, and acting in a reasonable manner;
- Your employer failed to uphold their duty;
- Their failure led to your injuries; and
- You suffered actual injuries and financial damages.
We follow this same process whether you suffered injuries in a work vehicle accident, after a fall on a job site, or after an industrial accident. We can often recover compensation for our clients, even if they contributed to their injuries or they do not believe their employer broke any rules. If you suffered a work injury in Pearland and need help getting the money you deserve, call us. We can review your case and explain your options for compensation.
Talk to a Work Injury Lawyer in Pearland, Texas, for Help with Your Claim
At D. Miller & Associates, PLLC, our team of work injury attorneys offers free consultations. We can evaluate your case and help you navigate the claims process. No matter if you qualify for workers’ compensation or need to file a third-party liability claim, we are here to help. Call us today at 713-850-8600 to get started.