If you suffered an on-the-job accident, a work injury lawyer in Sugar Land can help you understand the options you have for getting the compensation you need. At D. Miller & Associates, PLLC, we have two options to help injured workers get the money they need:
- File a workers’ compensation claim; or
- File a third-party insurance claim or lawsuit.
If you suffered injuries in a workplace accident, our personal injury team is here to help. We offer free case evaluations, where we can help you understand the Texas laws that apply to your case, as well as your options for recovering compensation. Call us today at 713-850-8600 to get started. We handle all work injury cases on a contingency basis, meaning you pay nothing until we get you the cash you need.
Workers’ Compensation in Sugar Land, Texas
The most common way people get money to pay their medical bills and cover a portion of their lost wages after a work injury is through a workers’ compensation claim. Many employers provide their employees with workers’ compensation benefits that pay out to cover most on-the-job injuries. To qualify for workers’ compensation after your injury, you must:
- Work for a company that offers workers’ compensation insurance through the state program;
- Be an employee of the company, not an independent contractor; and
- Suffer the injury on the job, or suffer exposure that caused your illness at work.
In most cases, people can easily meet the second and the third requirements. The first one is often the trickiest. Unlike many states, Texas does not require employers to provide workers’ compensation benefits. Some offer no coverage for employees, while others offer another insurance policy instead. We can help you analyze your situation and determine if you can file a workers’ compensation claim. Even if your employer does not provide this coverage, we may still be able to recover money to help you make ends meet through a third-party liability claim.
What Benefits Are Available Through Workers’ Compensation in Sugar Land?
The Texas Labor Code requires workers’ compensation policies to provide four benefits to workers who suffer on-the-job injuries. These benefits include coverage for:
- Income losses;
- Medical costs;
- Burial expenses; and
- Death of a loved one.
Most people are primarily concerned with their income benefits, especially if they have already missed several days—or even weeks—of work. We can help you understand the type of income benefits you may qualify for, based on your injury and current situation. These could include:
- Temporary income;
- Supplemental income;
- Impairment or disability income; and
- Lifetime income benefits.
In addition, it is important to note the medical benefits available through workers’ compensation should pay for all of your injury-related medical costs. This includes hospital stays, treatment, prescription drugs, rehabilitation and therapy, and a number of other expenses.
What If I Do Not Qualify for Workers’ Compensation?
If you do not qualify for workers’ compensation, we can file an insurance claim or personal injury lawsuit against your employer to collect the money you need to pay your bills and cover your losses. If your employer provides coverage through the state workers’ compensation program, we cannot pursue this type of claim.
Filing a liability claim against your employer or other third party is not something you want to try to do on your own. Let us determine if you qualify. We can handle the complex claims process while you focus on your physical recovery. We can investigate your injuries, build a strong case on your behalf, and present our evidence to the liable party’s insurance company. Then, we can work to negotiate a fair settlement based on your damages, or take the case to court.
What Damages Can I Claim Against My Employer?
Filing a claim to collect the payout you need allows us to ask for more compensation than a workers’ compensation claim would provide. We can use your bills, receipts, and other documentation of your losses to show you are due a full range of economic and non-economic damages.
We can often recover damages for our clients that include compensation for:
- Ambulance transportation;
- Medical bills;
- Ongoing care costs;
- Lost wages, both current and future;
- Attorney’s fees and legal expenses;
- Pain and suffering and other non-economic losses; and
- Other accident-related costs.
Occasionally, if we have to take your case before a judge, we may also ask for punitive damages. This type of damages punishes the defendant for particularly malicious or reckless behavior. We often see this occur when an employer flagrantly ignores safety protocol or other standards, and it leads to an injury.
How to Win a Third-Party Liability Claim
Winning a third-party liability claim against your employer requires that we show your employer acted in a negligent manner and this caused your injuries. This means we need to provide evidence showing:
- Your employer had a duty to keep you and other workers safe from unreasonable dangers by following the rules outlined in the Occupational Safety and Health Act of 1970 and adhering to other safety guidelines;
- Your employer failed to uphold their duty, or you suffered injuries on the job because of some other danger;
- This led to your accident and injuries; and
- You suffered actual financial damages.
Often, we can pursue and win this type of claim for our clients even if their behavior contributed to their own injuries. Do not shy away from giving us a call if your injuries occurred because you made a misstep or mistake. Let us evaluate your case and determine if we believe you are eligible to file a claim.
How Can I Reach a Work Injury Lawyer in Sugar Land?
The work injury team from D. Miller & Associates, PLLC, can help you understand your best option for compensation after an on-the-job injury in Sugar Land. Call us today at 713-850-8600 for a free consultation and case evaluation.