Trujillo & Sanchez Law Firm

Work - Related Injuries

WORKERS’ COMPENSATION ATTORNEYS IN TEXAS

Workplace injuries in Texas are covered by a government-run system called workers’ compensation. This system pays financial benefits to employees who become injured or disabled due to an accident on the job.

If you have a job-related injury or illness, a workers’ compensation lawyer in Texas from our firm could help you navigate the benefits system and go after the services and compensation you deserve. When you contact Trujillo & Sanchez, P.C., you’ll receive a complimentary case assessment.

What does Workers’ Compensation Cover?

This insurance provides salary and medical benefits to employees who have work-related injuries or illnesses. In addition, it pays for all necessary medical treatment related to the injury, as long as it has been recommended or approved by the treating physician. However, it’s important to remember that:

  • It’s necessary for the employer to have workers’ compensation insurance in order for employees to receive benefits. If your boss does not participate in the state workers’ compensation program, you cannot get help from this benefits system. 

  • Most employers in Texas provide workers’ compensation insurance, although some don’t. Some employers participate in other programs that provide benefits for injured workers—like one of the federal employees’ compensation programs—while some companies choose to be non-subscribers.

If your employer elects not to buy workers’ compensation insurance, also called going “bare,” you could file a personal injury lawsuit for a work-related injury or illness. According to the Texas Workforce Commission (TWC) office, the defenses of “assumption of the risk, contributory negligence, “last clear chance,” and co-worker negligence are not available to a non-subscriber in a job injury case.”

Types of Workplace Injuries

Work-related injuries can occur in an office, an outdoor setting, or any other type of environment. Some common types of work accidents that often lead to workers’ compensation benefits include:

Construction work accidents

These incidents can result in injuries ranging from back injuries to catastrophic brain damage.

Commercial vehicle accidents

These accidents occur when the vehicle is used for commercial purposes, such as transporting products or a large number of passengers.

Equipment and machinery accidents

The use of machinery is common in different industries. For this reason, accidents can occur with this type of equipment.

Injuries from noise exposure

Hearing loss may occur due to excessive noise exposure at your workplace. In this case, you have grounds to file a claim for workers’ compensation.

Injuries from toxic exposure

Toxic exposure injuries can result from skin contact, breathing in fumes or accidentally ingesting a chemical substance.

Injuries from repetitive work

Repetitive motion injuries related to your job give you the right to file for compensation benefits.

Workplace fatalities

If an employee dies from a work-related injury or illness, the deceased’s family can file to cover funeral expenses and get financial support.

TWC says that the state’s workers’ compensation program does not cover injuries caused by the injured employee’s:

  • Willful criminal acts
  • Horseplay
  • Self-injury
  • Voluntary engagement in an off-duty recreational activity
  • Intoxication from drugs or alcohol

Also, the workers’ compensation program does not cover injuries caused by acts of God or a third party’s criminal act when motivated by a personal reason that was not related to the job. In that case, an injured employee who cannot get benefits through the workers’ compensation program could file a personal injury lawsuit against a co-worker or another third party.

Workers’ Compensation Insurance in Texas

Texas is distinct from most states in the U.S. because it doesn’t require employers to have workers’ compensation insurance. Still, business owners who choose not to carry workers’ compensation insurance (non-subscribers) have a duty to inform the state of Texas that they don’t provide coverage for their employees, as well as to report any injuries that occur at their workplaces.

Even if workers’ compensation insurance isn’t required, it’s often in the employer’s best interest to provide such coverage. For example, if an employee is injured on the job at a company without coverage:

  • The employer may be responsible for covering expenses associated with medical treatment, ongoing therapy, and lost wages.
  • The employee can sue the employer.

The Texas workers’ compensation program limits the amount that an employee with a work-related injury can receive in benefits through the workers’ compensation system. 

Three Things to Know About the Texas Workers’ Compensation Program

The Texas Workers’ Compensation program has many rules and regulations. If you do not follow them to the letter, you could lose eligibility for benefits. A workers’ compensation lawyer in Texas can provide guidance to help you avoid such an outcome. Here are a few things you need to know about this state’s program:

  1. If you collect workers’ compensation benefits for a job-related illness or injury, you cannot also file a personal injury lawsuit asking for money damages for the same event.
  2. Texas Labor Code § 408.001 says that the surviving spouse or eligible heirs of an employee whose death was the result of the employer’s gross negligence, intentional act, or omission can seek exemplary (also called punitive) damages. 
  3. An injured worker might have to submit to medical examinations at the expense of the workers’ compensation insurance carrier. Refusal to submit to an allowed examination could be grounds for terminating the employee’s workers’ compensation benefits.

Your workers’ compensation lawyer can answer your questions about these and other aspects of the benefits program.

What Workers’ Compensation Benefits We Can Get for You

As part of a typical workers’ compensation claim, injured employees are generally entitled to four different types of benefits:

  • Weekly compensation
  • Permanent disability benefits
  • Payment of medical bills and expenses
  • Occupational rehabilitation

At Trujillo & Sanchez, P.C., we’ll fight to get you the maximum workers’ compensation benefits possible. 

Reach Out for a Free Consultation Today

Our firm has recovered over $500 million in damages for our injured clients. We do not charge our workers’ compensation clients upfront legal fees. You can contact us today at (972) 529-3476 for a free initial consultation with no obligation.

Call now for a free consultation. If we don’t win, you don’t pay us!

 

 

 

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