Were you injured on the job in Houston, Texas? You may be entitled to workers’ compensation benefits. In some cases, you may also have the right to pursue a personal injury claim against a third party or a non-subscriber employer. The de la Garza Law Group is here to help you determine and follow through with your best course of action. Contact us today at 713-784-1010 for a free consultation.
We’re a trusted Houston personal injury firm with 46 years of combined experience and more than $50 million recovered for our clients. Our Houston workers’ compensation attorneys know how to navigate the complexities of Texas workplace injury law and will fight for your rights to the very best of our ability.
How The de la Garza Law Group Can Help With Your Workers’ Compensation Claim in Houston, Texas
Suffering a serious injury at work in Houston, TX, can make your life incredibly stressful and can lead to immense uncertainty about what’s to come. However, what is important to remember is that you may have multiple legal options for recovering compensation and being made whole again.
The de la Garza Law Group is here to guide you through the process from start to finish, so you can focus on your health.
Once you hire us, our Houston personal injury attorneys can get to work on your behalf and:
- Investigate your accident and identify who is responsible for your injuries
- Determine whether your employer is a subscriber or non-subscriber to the workers’ comp system
- Help you file your workers’ compensation claim and meet all of the required deadlines
- Pursue a personal injury lawsuit when appropriate
- Identify any third parties who may be liable for your injuries
- Calculate the full scope of your damages, including future medical needs and lost earning capacity
- Negotiate with insurance companies and take your case to trial if needed
Contact our legal team today for a free consultation. Our Houston workers’ compensation attorneys work on a contingency fee basis, meaning you pay us only if we successfully handle your case.
Workers’ Compensation Laws in Texas
Texas is the only state in the country where private employers can legally choose not to carry workers’ compensation insurance. Employers who do carry coverage are called “subscribers,” while those who opt out are known as “non-subscribers.”
If your employer is a subscriber, you can file a workers’ compensation claim for benefits through their insurance carrier. Workers’ comp in Texas is a no-fault system, meaning you don’t have to prove that your employer was negligent in order to receive benefits. However, in exchange for those benefits, you generally give up your right to sue your employer directly.
Workers’ comp benefits in Texas are divided into several categories:
- Medical benefits covering all reasonable and necessary treatment related to your injury
- Temporary income benefits if you can’t work while recovering
- Impairment income benefits if your injury results in a permanent impairment
- Supplemental income benefits in certain cases of a long-term disability
- Death benefits for the families of workers killed on the job
You must report your injury to your employer within 30 days and file your formal claim with the Division of Workers’ Compensation within one year. Missing either deadline can put your benefits at risk.
What if My Employer Doesn’t Have Workers’ Compensation Coverage?
If your employer opted out of the workers’ comp system and you were injured on the job, you won’t have access to workers’ compensation benefits. However, you gain something in return: the right to file a personal injury lawsuit directly against your employer.
Non-subscriber lawsuits can be far more valuable than workers’ comp claims. This is because they allow you to pursue full compensation for all of your economic and non-economic damages, including for your pain and suffering.
On top of that, non-subscribing employers lose the ability to use several key legal defenses. Per the Texas Labor Code, a non-subscriber cannot argue that you were partially at fault for the accident, that you assumed the risk of injury, or that a co-worker’s negligence caused the harm. Losing those defenses makes it significantly harder for the employer to avoid liability.
Can I File a Lawsuit Instead of a Workers’ Comp Claim?
Yes, in many cases. If your employer does have workers’ comp coverage, you may still be able to file a separate personal injury lawsuit against a negligent third party. This is common in industries like construction, where multiple companies and subcontractors are often involved.
Examples of situations that may support a third-party claim include:
- A car accident caused by another driver while you were performing your work duties
- An injury caused by a defective piece of equipment made by a manufacturer
- Exposure to hazardous materials supplied by a third-party vendor
This type of personal injury lawsuit can also result in damages that go above and beyond what workers’ compensation can provide you with.
Schedule a Free Consultation With Our Houston Workers’ Compensation Attorneys
Workplace injuries in Texas present unique legal challenges. If you’ve recently been injured in an accident at work, you may have multiple ways to recover compensation.
The de la Garza Law Group has 46 years of combined experience and has recovered more than $50 million for our clients. We’re confident that we can help you with your case as well, so contact our Houston workers’ compensation lawyers today for a free case review.
