Suffering a work-related injury or illness can be devastating. It can mean missing out on the income you need while also having to worry about serious medical bills that you cannot pay. Every worker in Texas is at risk of being hurt on the job. Whether you are employed in manufacturing, construction, the oil industry, or retail, you can be seriously hurt at work. So what are your options if you are injured? Is there anything you can do to help yourself and ensure that you’re not left struggling with medical issues and financial problems? One of the most important steps you can take after suffering a work-related injury is to contact a Houston work injury lawyer.
If your employer has official workers’ compensation insurance, you can file for workers’ comp and receive the benefits that can help you with medical expenses and lost wages. If your employer is a non-subscriber, you can pursue a negligence-based claim against them or others who caused your injuries. At the Waldman Legal Group, our work injury attorneys have experience handling both workers’ compensation claims as well as personal injury cases (third-party claims), so you’ll receive the assistance you deserve.
Contact our team at (713) 688-4878 for a free consultation with our Houston work injury lawyers.
Why Choose Us?
Trusting the Waldman Legal Group With Your Work Injury Claim
Our managing attorney, Steve Waldman, has been practicing personal injury trial law since 1980. He has helped people across Texas receive the assistance they need after someone else’s negligence or wrongful conduct has led them to suffer losses.
At the Waldman Legal Group, our team brings help to both the English and Spanish-speaking communities to ensure that everyone who needs guidance can receive it. The language barrier should never prevent anyone from getting help.
With extensive litigation experience and dedication to all of our clients, our work injury lawyers fight for your rights so that you can obtain fair compensation. Because going through the claims process can be stressful, our team will always ensure that you’re kept informed of everything that pertains to your claim. You never have to chase us down to receive answers.
When you choose the Waldman Legal Group, you know you’re getting dependable assistance from an experienced and reputable Texas work injury lawyer. Don’t hesitate to get the guidance you need after suffering injuries in a work-related accident.
The Basics of Texas Workers’ Compensation Laws
Texas is unlike other states in the country in that it doesn’t require employers to have workers’ compensation insurance. The majority of employers still carry this type of insurance because it offers protection for themselves as well as their employees.
Employers who don’t have workers’ compensation insurance, non-subscribers, are still required by law to comply with reporting and notification laws if an accident occurs at their worksite that causes an employee to miss at least one day of work. Non-subscribers also have to provide notice of no coverage to the Division of Workers’ Compensation (DWC).
Workers’ compensation covers lots of injury types, but it doesn’t cover those that result from:
- Self-injury
- Willful criminal acts
- Employee horseplay
- Acts of nature
- Voluntary participation in off-duty activities
- Intoxication from alcohol or drugs.
Typically, when an employer has workers’ comp, it is the only remedy that can be pursued. However, if the employee was killed by the employer’s gross negligence or by their intentional act or oversight, families can sue an employer for wrongful death. To do this, you will most likely need the help of a Houston work injury attorney.
You also want to keep in mind that you don’t have an unlimited amount of time to file a workers’ compensation claim. It’s important to note that you only have 30 days to report the injury to your employer. You then have one year to file a workers’ compensation claim. If you learn that you suffered an injury much later, the statute of limitations begins ticking from the moment you realize or should have reasonably realized you were injured.
Types of Workers’ Compensation Benefits Available
Workers’ compensation in Texas offers many benefits that can help you if you’ve suffered a work-related injury.
Medical Benefits
Workers’ compensation covers all of the medical expenses related to the injury you suffered at work. Before you receive care, your employer must tell you if there’s network coverage that you have to adhere to. If there isn’t, you can choose your own healthcare provider.
There’s no specific timeline you have to worry about with medical benefits since workers’ comp will continue to cover reasonable and necessary treatment for as long as you need it. Your employer may even offer return-to-work programs with adjustments to your regular tasks to accommodate the injuries you’ve sustained.
Income Benefits
If the injury led you to miss work and therefore miss wages, workers’ compensation will also cover those losses. One of the income benefits you can claim is temporary income benefits.
You’re eligible to receive temporary income benefits if a work-related injury or illness led you to lose some or all of your wages for more than seven days. Texas uses a specific formula to calculate these benefits. You will be able to receive 70% of the difference between your average weekly wages and the wages you earn after the injury.
For example, if you earned an average of $800 a week before the injury and after the injury you’re earning nothing, Texas would pay you 70% of $800 ($560) a week. In some cases, you can get up to 75% of your weekly average.
Temporary income benefits won’t kick in until you miss seven days of work unless you end up having to miss two weeks or more. Your benefits last until your doctor tells you your injuries won’t improve, you’ve received temporary income benefits for 104 weeks, or you’re able to return to your regular job for the same pre-injury wages.
If you’ve reached the maximum recovery that you can achieve, your doctor will then evaluate you to decide whether the injury left you with a permanent limitation or loss of function. If that’s the case, they will rate the impairment from 1% to 99%. You get three weeks of benefits for each percentage point.
You’re able to receive lifetime income benefits if you suffer:
- Loss of both hands at or above the wrist
- Loss of both feet at or above the ankle
- Loss of one foot at or around the ankle and loss of one hand, at or above the wrist
- Permanent loss of sight in both eyes
- Spinal injury that causes total and permanent paralysis to both arms, both legs, or one arm and one leg
- Brain injury resulting in a major neurocognitive disorder
- Third-degree burns covering most of both hands, one foot and one hand, or the face, one foot, and one hand
- Serious bodily injury if you’re a first responder.
You’ll want to speak with a workers’ compensation attorney to learn more about the exact income benefits you may be able to claim.
Death Benefits
If an employee dies from a work-related illness or injury, workers’ compensation will pay death benefits to the person’s children, spouse, or other eligible family members. How much they receive will depend on the relationship of the beneficiaries to the deceased. For example, children and spouses will get much higher death benefits than more distant beneficiaries would.
Death benefits will generally be 75% of what the person earned before the injury. Workers’ compensation will also cover burial expenses up to $10,000.
Steve Waldman has been recognized as a Thomson Reuters Texas Super Lawyer since 2011.
Benefits and Drawbacks of Workers’ Compensation
Workers’ compensation can offer both benefits and drawbacks, so it’s important to have a clear idea of what you can expect — especially if you have the option of filing a personal injury claim instead.
Benefits of Workers’ Compensation
Workers’ compensation offers employees the chance to receive help after suffering a work-related injury or illness without having to prove fault. You don’t have to demonstrate that anyone was negligent.
Most personal injury claims are based on demonstrating that negligence led to the accident, which can mean gathering a significant amount of evidence. With a workers’ comp claim, you just have to show that you suffered an injury while you were doing something pertaining to your work.
Another benefit that workers’ compensation offers is that it can be a relatively quick process. There can be delays in personal injury claims that extend the waiting time to receive the assistance you need. Unless your claim is denied and you need to appeal, workers’ compensation can get you your benefits faster than a third-party claim can.
Drawbacks of Workers’ Compensation
One of the most significant drawbacks of workers’ compensation is that your benefits are limited. You can’t receive your full lost wages, and you can’t receive payment for the pain and suffering you’ve experienced.
If the claim isn’t filed exactly as required, down to the smallest detail, the insurer will likely deny it. That means having to undertake an appeals process, which is complex and lengthy. Your employer may even dispute the claim that you were injured at work, which further complicates the process.
Third-Party Lawsuits After a Work-Related Injury
Can You File a Work Injury Claim In Texas?
One of the questions that our work injury lawyer often receives is whether it’s possible to file a third-party lawsuit after a work-related injury. The answer depends on a number of factors.
It’s important to note that if your employer has workers’ compensation insurance, they’re covered and can’t be sued. This doesn’t mean, however, that you can’t file a lawsuit against third parties if they caused or contributed to the accident that resulted in your injuries. Third parties that you can file a claim against can include the manufacturer of equipment or products that malfunctioned, a contractor, or even a driver who hit you as you were in the process of making a work delivery.
The only way that you can hold your employer responsible is if they don’t have workers’ compensation. You’re then free to file a work injury claim against them. Remember that if you choose to handle your work injury through a personal injury claim, you will need to prove that the person was negligent.
Proving Negligence Occurred
Negligence is a legal theory that applies when a person fails to behave with the level of care that a reasonable person would have shown in the same circumstances. The first thing that’s necessary is to establish that the other party owed you a duty of care and that they breached it. Then, you have to show that the breach led you to suffer injuries for which you can receive compensation.
An example of negligence would be a non-subscribing employer who hired an employee without the proper experience or training, and that employee’s actions led you to sustaining an injury. In this example, your employer owes you the duty of maintaining a reasonably safe workplace, which they breached by hiring someone who wasn’t trained or experienced. You can file a claim for any losses you suffer because of your coworker’s conduct.
Damages You Can Claim in a Third-Party Lawsuit
In a third-party lawsuit, you can claim economic and non-economic damages. These are compensatory.
Economic damages help you recover the economic losses you suffered because of the accident. Medical expenses make up the largest part of these damages. You can claim hospital stays, prostheses purchases, and even the cost of any changes you need to make to your home or vehicle to accommodate a disability. If you need to continue receiving medical care, economic damages will also include those future costs.
Lost wages can be compensated with economic damages. If you weren’t able to go to work, you missed out on wages, bonuses, and commissions, you deserve to be compensated for those losses. If the injuries are so severe that you can’t return to work in the same capacity or you can’t work at all, you can receive damages for loss of earning potential.
The family of someone who dies because of a work injury can claim funeral expenses, too. They can receive compensation for the income their loved one would have made throughout their lifetime.
Non-economic damages, on the other hand, offer compensation for losses that aren’t as easy to quantify because they’re not financial. These damages cover the physical and emotional distress you suffered because of your injuries, as well as loss of enjoyment of life. Because these are subjective losses, insurers will look at the severity of your injuries, how long it will take you to recover (if recovery is possible), and how the injuries impact your life.
If a loved one dies, then it’s possible to claim loss of consortium, as well. Loss of consortium offers compensation for loss of support and companionship.
Statute of Limitations for Third-Party Lawsuits
In Texas, you have a limited amount of time to bring a lawsuit against your non-subscriber employer or a third party. This is called the statute of limitations and it exists to ensure that claims are brought forward while there’s still viable evidence available. Texas’ statute of limitations for personal injury claims is usually two years from the date of the injury.
There may be exceptions that can extend the statute of limitations, especially if you don’t realize you suffered an injury or illness until later. That’s pertinent in claims involving exposure to toxic substances, for example. (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.)
Some exceptions can also shorten the time you have, however, so it’s essential that you quickly contact a Houston personal injury lawyer to ensure you don’t miss the deadline. If you do miss the deadline, you won’t be able to recover losses.
Most Common Causes of Workplace Injuries
Why Work Injuries Occur in Houston
Work injuries can happen for a number of reasons, but some causes are more common. Here are the top reasons work injuries happen in Houston.
Overexertion and Bodily Reaction
All activity that involves physical effort can result in injuries. For example, lifting heavy objects can result in neck and back strains. Throwing, pulling, and carrying heavy items may damage ligaments, muscles, and even your spine.
Falls, Slips, and Trips
Falling injuries tend to occur most often on construction sites, but anyone can trip and suffer serious injuries. Often, people think falling only from a significant height can be dangerous, but any fall can be deadly. Even slipping from a few steps could put your life at risk if you hit your head or your spinal cord.
These accidents can be caused by a messy work environment, faulty equipment, wet floors, and countless other reasons.
Contact With Objects
These accidents involve coming into contact with machinery or objects that can cause you harm. In warehouses, for example, being hit by a forklift can result in broken bones, and being hit by cranes or other pieces of very heavy machinery can result in traumatic brain injuries, spinal cord injuries, and even fatalities.
Exposure to Toxic Substances
If you work in the oil, construction, or other manufacturing industries, you likely come into contact with lots of chemicals and potentially harmful substances. If you don’t have appropriate safety equipment or if a machine malfunctions, you could be exposed. Toxic substances can result in respiratory issues, eye damage, and other health problems.
Repetitive Movements
If your work requires that you perform repetitive movements of any sort, you could suffer injuries like carpal tunnel syndrome. Being improperly trained, not having the right equipment, and not being given enough rest time can all lead to injuries from repetitive movements.
Fires and Explosions
Fires and explosions can occur from faulty wiring, defective machinery, and the spillage of flammable substances. This can be a concern for those who work on construction sites and oil rigs. They can also occur as a result of transportation accidents.
Caught Between Objects
These types of accidents tend to happen most in the construction warehousing industry. An example of this is when a worker gets a hand or arm caught in a machine. These accidents can lead to crushing injuries as well as amputations.
Vehicular Collisions
Delivery people can suffer accidents while en route. These collisions can be the result of vehicle malfunctions, improperly loaded cargo, or other drivers’ negligence.
Do I Need a Houston Workplace Injury Lawyer?
It’s never a requirement to have a workplace injury lawyer in order to file a workers’ compensation claim or a work injury claim, but it’s in your best interest to do so. Having an attorney helps ensure you receive all the benefits you’re entitled to after a work injury.
Lawyers Explain Your Claim Options
A lawyer will fully assess your claim to advise you of your options for recuperating losses. This can save you a lot of time and a lot of mistakes while navigating the process. With a lawyer, you can get a clear idea of what claims you can pursue and how to begin the process.
Lawyers Investigate the Accident
When you hire our Houston workplace injury lawyer, you’re getting someone with decades of experience who will investigate the accident and gather evidence to demonstrate you deserve compensation. This is an important step in a workers’ compensation claim because you need to show the injury is work-related, but it can be especially important in third-party claims.
The right evidence can make a huge difference when proving that the other party was negligent. This is not simple to do, especially if you’re dealing with serious injuries. You may be in the hospital or have mobility issues that prevent you from being able to pursue evidence in the same way our team can.
Lawyers Negotiate With Insurers
One of the most important things that a work injury lawyer can do is negotiate with insurers. People sometimes think that insurance companies want to help, but the only thing they’re concerned about is protecting their profits. They’ll try anything so they don’t have to pay you what you deserve.
One common tactic they use includes pushing you to accept an offer that is only a fraction of what you may be entitled to. They may threaten to not pay you at all if you don’t take their low-ball offer, and they’ll count on the fact that you want to move through the claims process quickly. All of this can result in you getting much less than you deserve for what you’ve suffered.
With a lawyer by your side, however, you know your rights will be protected. Our lawyer knows all of the tactics that insurers may try and will push back to ensure you get fair compensation. With the Waldman Legal Group, you can expect a fierce negotiator.
Lawyers Can Take Your Case to Court
Sometimes, it’s impossible to come to a fair settlement with the insurer. They may dispute the claim and could try to blame you for the injuries you suffered. If this occurs, having a lawyer is critical. With a Houston worksite injury lawyer representing you, you have the chance to take your claim to court.
At the Waldman Legal Group, we work tirelessly to get you fair compensation. You should never try to advocate for yourself in court, especially when dealing with insurance companies.
Steve Waldman is a lifelong Texan who’s been practicing personal injury trial law since 1980.
Work Injury FAQs
If you’ve suffered a workplace injury, it’s likely that you have questions about what to expect from the process. Down below, our team at the Waldman Legal Group offers answers to some of the most common questions clients have about work injury claims.
What’s the difference between workers’ compensation and a third-party claim?
Workers’ compensation is a type of insurance that your employer purchases that allows you to recover benefits if you suffer a work-related injury or illness. You can receive benefits quickly, but there are limits to what you can claim.
With workers’ comp claims, you don’t have to prove negligence, only that you were injured while working. One of the most important things to remember is that you can’t hold your employer responsible for your injuries if they have workers’ compensation insurance.
With a third-party lawsuit, you can claim damages that include emotional distress, but you do have to prove that negligence occurred. You can file a third-party claim against parties other than your employer if they caused your injuries. If your employer doesn’t subscribe to workers’ compensation insurance, you can file a claim against them if they were negligent and their conduct resulted in your injuries.
What should I do right after a workplace injury?
The first thing you need to do is to get medical care. Not only does getting help ensure that you’re safe and you can get immediate treatment, but it also leaves a record of the injuries you suffered. If your employer has workers’ compensation, be sure to ask them if you need to see an in-network healthcare provider.
You then need to take pictures of where the accident occurred as well as of your injuries. Gathering as much evidence as possible can make a difference in any type of claim you pursue. Be sure to keep all medical records and write down your account of what happened.
Let your employer know as soon as you can about the injuries you sustained. To be able to file a workers’ compensation claim, you must let your employer know within 30 days.
You then need to contact a Houston work injury lawyer. Our team can help you understand your options and begin the process so that you can get compensation as soon as possible.
Can I claim pain and suffering after a work injury?
The answer depends on the type of claim you choose to file. If your employer has workers’ compensation and you don’t have grounds to file a third-party claim against anyone else, you can’t ask for pain and suffering damages. You can only receive lost wages and coverage for medical expenses.
However, if you can pursue a third-party claim, you have the right to receive pain and suffering damages through that claim.
Am I allowed to file for both workers’ compensation and a third-party claim?
You may be able to. If your employer has workers’ compensation and a third party caused your injuries, you can file both claim types. If you’re pursuing both of these, it’s vital that you hire our worksite injury attorney. Each claim is complex and has different requirements, so you don’t want to tackle them without experienced representation.
How long do I have to file a claim after a work injury?
If you’re filing a workers’ compensation claim, you have up to a year from the date of the injury or from when you discovered the injury. Keep in mind, however, that you only have 30 days to let your employer know about the injury you suffered.
For a third-party claim, Texas gives you two years from when you suffered the injury or from when you discovered it. There are some exceptions that could shorten the time you have, however. To ensure you don’t miss the deadline and lose all chances of recuperating losses, be sure to contact our team at the Waldman Legal Group. (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.)
How much is my claim worth?
Every claim we take on is unique, which means that lots of factors can impact how much they’re worth. During your free consultation with us, we will assess your case to give you a better idea of what you could expect your claim to be worth.
Factors that influence the amount you receive include the severity of your injuries, how long it will take for you to recover, and how the injury impacts your life. We can tell you more about your claim’s worth when we know all of the details.
To get answers to all of your questions about work injuries, don’t hesitate to contact us.
Trust an Experienced Houston Work Injury Lawyer
If you’re facing medical bills and the prospect of missing out on wages because of a work injury, you are likely unsure of how you’re going to get through this difficult moment in your life. It’s important to understand you have rights under Texas law.
At the Waldman Legal Group, we offer the guidance you need to understand what options you have. We have experience with workers’ compensation and third-party lawsuits, so we can provide assistance no matter which option you pursue. Because we know the financial strain you’re under, we don’t charge any upfront fees. Our team gets paid only if you do.
You don’t have to go through this alone. Let our team at the Waldman Legal Group provide the representation you deserve after enduring a work injury.
Receive a free consultation by calling us now at (713) 688-4878.
