Understanding Workers' Compensation Claims in Texas: A Guide for Injured Employees

The vast majority of employees throughout the country spend most of their waking hours at work. Each worker has a right to expect that their workplace will be kept in a safe, reasonable condition and that employees will be provided with the tools and training they need to accomplish their jobs safely and with as little risk to their health as possible.

If you do suffer an injury on the job in Dallas, you can file a claim for workers' compensation benefits to help pay for your medical care and lost wages. Unfortunately, it's not always easy for workers to collect the recompense they need, particularly given the fact that insurers benefit from refusing employees' claims, even when they have a right to compensation.

Workplace Injuries Covered in Texas

Most people think of physical work-related injuries when considering what qualifies for workers' compensation, such as accidental electrocution, burns from machinery, falls from ladders or other elevated platforms, heavy lifting injuries, and more.

However, workers' compensation in Texas extends beyond accidents that occur on construction sites or while performing similar types of physical labor.

Any of the following injuries sustained on the job or as a direct result of employment might be grounds for a workers' compensation claim:

• Injuries caused by repeated motion or tension, such as carpal tunnel syndrome
• Stress-related trauma and mental health issues from the workplace, including post-traumatic stress disorder (PTSD), depression, insomnia, and persistent anxiety
• Complications to an existing injury
• Chemical-related burns and illness
• Injuries to the eyes and ears sustained over several months or years on the job

A person who sustains injuries on the job often cannot file a lawsuit against their employer. However, if a worker suffers a personal injury due to the actions of a non-employer ("third-party") or if the worker is subjected to sexual harassment, discrimination, or retaliation because of the worker's gender, race, sexual orientation, or other protected identity, the employee may have additional legal recourse.

Workers' Compensation Eligibility in Texas

Workers' compensation benefits are available to almost everyone working in the Lone Star State, with the exception of some domestic workers and independent contractors. You may ask your employer if you have questions about whether or not you are eligible for workers' compensation, but it is also a good idea to speak with a local workers' compensation attorney to ensure your company has correctly classified the nature of your employment.

If you work in Texas, are not exempt, and are hurt on the job, you can claim workers' compensation payments. When determining whether or not you are eligible, remember that the date of your injury is more relevant than its location. After all, a number of employees may not have regular office hours or are asked to travel for their jobs. Thus, you could still be covered if you get hurt while doing work-related tasks at a location other than your regular office.

Filing For Workers' Compensation in Texas

Texas law stipulates several regulations regarding workers' compensation, from the minimum number of employees required to the types of injuries that qualify for coverage.

First and foremost, you should notify your employer immediately if you've suffered injuries on the job within 30 days. Employers must provide the necessary paperwork to make a workers' compensation claim and fill out an incident report detailing the circumstances surrounding your injuries.

If your employer tries to stop you from filing a claim or retaliates in any way because you asked to submit a claim in good faith, you may have grounds for an employment discrimination claim. Unfortunately, some companies will try to prevent injured employees from submitting workers' compensation claims because they fear their insurance rates will increase as a result.

Some employers even resort to more extreme measures, such as wrongful termination, as revenge. If you suspect retaliation at your workplace, speak to an attorney right away.

Making a Workers' Compensation Claim in Texas

When claiming workers' compensation in Texas, you must see a medical provider pre-approved by your company's insurer. During this workers' comp medical examination, your injury's overall severity and the potential for long-term or permanent effects will be reflected in a disability rating.

If your rating is high enough, you may qualify for disability payments. Additionally, you can get a second opinion if you disagree with the first doctor's assessment.

From there, once the insurance company finds you eligible for benefits after reviewing your claim and the disability rating provided, you will receive a decision on benefit payments. Disability payments and medical costs are the two main forms of compensation for injured workers.

In many cases, workers' compensation insurance will cover the entire cost of a claimant's medical care, both at the time of the incident and in the future if the injury requires continuous treatment.

A claimant can obtain partial disability payments to help compensate for lost income if they can perform lighter duties or a similar but lower-paying role. Still, a victim must keep the insurance company apprised of their progress and financial status or risk losing their right to future payouts. Total disability payments are more likely to be awarded if the claimant cannot work during recovery.

How is Workers' Compensation Paid in Texas?

In Texas, a claimant will receive pay equal to 70% of their pre-injury average weekly salary. However, there are constraints, such as the maximum amount of impairment income compensation for injuries that occurred in the fiscal year of 2022, which totals $741.

Of course, exceptions exist, and certain claimants may be eligible for payments above the standard minimums. Victims who want the best chance of securing the highest possible award should retain legal representation.

While workers' compensation may cover all of your medical bills, whatever compensation you receive for lost wages will likely fall well short of what you lost due to your accident. In a third-party personal injury claim, you can seek compensation for your pain and suffering and any remaining lost wages.

Call a Dallas Personal Injury Lawyer After a Work Accident

At the Rasansky Law Firm, we provide free consultations during which you and your family can meet with an attorney to explore your legal options.

We take great pride in our record of success in helping victims get compensation for their injuries or losses. Over the course of more than three decades, personal injury and various accident claims in the Dallas-Fort Worth area and around the nation have been handled by Jeff Rasansky on behalf of thousands of clients. Our Dallas personal injury lawyers will stop at nothing to get the justice you deserve after you've sustained injuries at work.

If you've been hurt on the job, contact Rasansky Law Firm at (214) 651-6100 as soon as possible.