Disclaimer: The de la Garza Law Group does not handle workers’ compensation claims. The information on this page is provided for educational purposes only and should not be interpreted as legal advice regarding workers’ compensation benefits.
Workplace injuries can happen almost anywhere, including construction sites, warehouses, offices, and stores. These accidents can affect a worker’s health, finances, and daily life. Depending on the situation, an injured worker may be able to seek workers’ compensation benefits, file a third-party personal injury claim, or pursue a claim against a non-subscriber employer.
In Houston, Texas, workplace injury cases often involve tricky legal and insurance matters. Understanding your options after a work-related injury can help you make informed choices.
How a Lawyer 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.
A lawyer 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
Most workers’ compensation attorneys work on a contingency fee basis, meaning you pay them if they successfully handle your case.
Workers’ Compensation Laws in Texas
Texas allows private employers to choose whether to carry workers’ compensation insurance. Employers with coverage are called “subscribers.” Employers without coverage are called “non-subscribers.”
If your employer is a subscriber, you can file a workers’ compensation claim through its insurance company. Workers’ compensation is a no-fault system, so you do not have to prove your employer caused your injury. In most cases, though, you cannot sue your employer directly if they carry workers’ compensation insurance.
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 does not have workers’ compensation insurance and you are hurt at work, you may be able to file a lawsuit against your employer.
These claims can provide more compensation than workers’ compensation benefits. You may be able to recover money for medical bills, lost wages, and pain and suffering.
Texas law also limits the defenses non-subscriber employers can use. For example, they usually cannot claim that you were partly at fault, that you accepted the risks of the job, or that a co-worker caused the accident. This can make it easier to hold them responsible for your injuries.
Non-subscriber claims can be complicated. The Houston personal injury lawyers at The de la Garza Law Group help injured workers understand their options and seek compensation from non-subscriber employers.
What Are Some Examples of Third-Party Claims?
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
- A construction accident caused by a negligent contractor, subcontractor, or equipment supplier on the job site
By pursuing a third-party claim, you may be able to recover additional compensation from all responsible parties and secure the financial resources you need to move forward after a workplace injury.
Understanding Your Rights After a Workplace Injury in Houston
Workplace injuries can lead to serious effects. They impact a worker’s health, finances, and earning potential. After an injury, a worker might access workers’ compensation benefits, claim against a non-subscriber employer, or file a third-party personal injury claim.
In Texas, workplace injury cases can involve various legal and insurance systems. So, knowing your options after an on-the-job injury is key. This helps protect your interests and allows you to make informed decisions about your future.
