Workplace accidents can disrupt your life in an instant, leaving you with injuries, medical bills, and uncertainty about your future. In Texas, filing a workers’ compensation claim is often more complicated than it should be, and the outcome can have lasting effects on you and your family.
Unfortunately, many employers and their insurance companies work hard to minimize or deny claims, leaving injured workers without the support they deserve. Even if a claim is approved, it might not cover all your losses. That’s why consulting a skilled work injury lawyer before filing can make a critical difference in your case.
Don’t leave your future to chance. Call Jim Adler & Associates today at 1-800-505-1414 or fill out our online form for a FREE consultation.
Workplace accidents can range from minor injuries to life-changing catastrophes. At Jim Adler & Associates, we’ve successfully represented workers injured in all types of industries, helping them secure the compensation they deserve. Here are some examples of workplace accidents and injuries that workers’ compensation may cover:
Workers’ compensation covers medical expenses, lost wages, and rehabilitation for these and other work-related injuries. However, every case is unique, and your eligibility for benefits depends on the specific circumstances of your accident.
Need Help? Contact Us Today.
If you’ve been injured in a workplace accident, call Jim Adler & Associates at 1-800-505-1414 or fill out our form for a FREE consultation. Let us help you get the compensation you deserve.
Workers’ compensation is designed to provide essential benefits to employees injured on the job. However, there’s a trade-off: if your employer provides workers’ compensation insurance, you are typically barred from filing a civil lawsuit against them for your injuries.
In exchange for giving up the right to sue, Texas law requires employers to cover your medical expenses and provide income benefits to help offset lost wages. While this system aims to protect injured workers, navigating the claims process and understanding your rights can be challenging.
Texas workers’ compensation offers four main types of benefits:
Texas workers’ compensation offers four main types of benefits:
Although workers’ compensation provides valuable support, disputes often arise over the amount or type of benefits you’re entitled to receive. Insurance companies and employers may push back on claims, delay payments, or deny benefits entirely.
At Jim Adler & Associates, we’re here to fight for the benefits you deserve. Whether you’re navigating the workers’ compensation process or pursuing additional claims against a third party, we’ll stand by your side every step of the way.
Call us today at 1-800-505-1414 or fill out our form for a FREE consultation.
If your workplace injury was caused by someone outside your company—such as an independent contractor or a defective product—you might have a third-party claim. Unlike workers’ compensation, third-party claims allow you to pursue additional compensation directly from the at-fault party.
Here’s how it works:
Third-party claims are complex and involve multiple areas of law, including workers’ compensation and personal injury. That’s where we come in. Our experienced attorneys specialize in both practice areas and will fight to maximize your compensation.
Don’t Wait—Act Fast!
Evidence in third-party cases can disappear quickly. Contact us immediately after your accident so we can send investigators to gather critical evidence before it’s lost.
Call us today at 1-800-505-1414 or fill out our form for a FREE consultation. We’ll help you understand your rights and explore all your legal options.
Employees injured while on the job are entitled to receive workers’ compensation benefits to cover their medical bills and lost income.
Unfortunately, as helpful as these benefits can be, there is no provision to compensate workers for their emotional trauma, loss of independence, or pain and suffering.
However, if an employee’s injuries were caused by the negligence of a third party, he or she may be entitled to collect these damages with a third-party claim or lawsuit. That’s why it’s so important to make a third-party claim.
An employee injured by a third party can typically file both a workers’ compensation claim and a separate third-party claim or lawsuit against those responsible for his or her injuries. Workers’ compensation claims are no-fault—meaning a worker is not required to prove his employer was negligent to receive benefits. On the other hand, recovering damages via a third-party claim or lawsuit requires the injured worker to provide evidence of the third party’s negligence. To do so, he or she must demonstrate the third party created the circumstances that caused his or her injuries and otherwise, he or she would not have been hurt.
A third-party work injury lawsuit must prove:
If you were injured in an accident caused by a third party, you must act quickly to protect your right to compensation.
In Texas, the statute of limitations is just two years from the date of employee’s injury. However, you should take immediate action after your injury and not wait. Your case must be filed in the appropriate Texas court, and comply with numerous legal requirements to be considered valid.
Third party claims are complicated, and they require the knowledge of an experienced personal injury attorney. To get more information, contact us today or call us now using the button below.
When a worker is injured on the job, he or she can bring a workers’ compensation claim. Workers’ compensation benefits are awarded without the need to prove that your employer was at fault. However, in some cases, the injured worker can also bring a third-party claim. “Third-party” refers to an individual or company who is not your employer. A claim can be pursued against a third party who caused you to become injured.
Third-party liability may arise when an individual or entity that is separate from the employer causes the workplace accident. Usually, it is not available against an employee’s supervisor or coworker. Instead, third-party liability may arise out of other common situations, such as drivers who cause car accidents that injure a worker while on the job, the actions or omissions by another company or that company’s employees and manufacturing or design defects.
For example, if a worker is on the road for work, and a drunk truck driver crashes into him, the worker can recover workers’ compensation benefits, but he can also make a claim or file a lawsuit against the truck driver and the trucking company. Most workers’ compensation payments are minimal, and a worker may not be able to recover enough compensation to fully cover his or her medical expenses and lost income through workers’ compensation alone. Additionally, workers’ compensation does not cover pain and suffering, mental anguish, or punitive damages. In a third-party claim, the worker would be able to seek damages which are more than those available to the worker who only makes a workers’ compensation claim.
To have a successful third-party claim it is necessary to prove that the third party is at fault or negligent for your injury. To prove the third party’s negligence, the injured worker will need to prove duty, breach of duty, causation, and damages. However, if the worker makes the claim against a product manufacturer, it may be possible to raise a strict liability claim in which the product manufacturer can be held liable just by proving that there was a defect and that it caused the worker’s harm.
When an injured worker claims that a third party negligently caused his or her injury, the company’s insurance carrier may have a subrogation interest in the claim. Subrogation allows for the company to recover the money which they paid out for medical treatment and lost wages. Each state has its own rules regarding subrogation and an employer’s right or a carrier’s right to recover benefits that were paid to the employee.
The subrogation interest that can be recovered is usually limited to the amount of workers’ compensation benefits that were paid to the employee. In most cases, if the third-party recovery is for an amount greater than the subrogation interest, the insurance carrier can get reimbursed and the remainder is paid to the injured employee.
You have a legal right to file a workers’ compensation claim with your employer who carries such insurance. You also have a right in some cases to file a work injury lawsuit against a contractor, fellow worker or business owner, or against an employer who doesn’t carry workers’ comp.
Workers’ comp laws in Texas provide benefits as part of an insurance program that’s managed by the state’s Texas Department of Insurance.
This workers’ comp program provides medical benefits and pay to workers who suffer injury or illness due to work. But it also protects employers from civil lawsuits brought by injured workers.
“Can I sue my employer for an injury?,” you may ask. If your employer has workers’ comp insurance in Texas, you cannot. That can be a problem if your workers’ comp benefits alone aren’t enough to pay for your injury costs.
And this is part of a bigger problem: Since workers’ comp laws first were enacted nationwide in 1917, Texas has been a business-friendly state — at the expense of hard-working Texans.
In fact, Texas is the only state in the nation which allows employers to choose whether or not to provide workers’ compensation insurance. Thus, not all employers in Texas provide workers’ comp insurance, although most do. Employers who don’t provide workers’ comp could, in fact, face a work injury lawsuit.
So to answer your question, “Do I get paid if I’m injured at work?,” that depends on if your employer has workers’ compensation coverage, or if you have grounds for a lawsuit when an employer does not. It also depends on if you could file a third-party lawsuit against a contractor or someone other than your employer.
You may be asking, “Can a lawyer help me even if my employer has workers’ comp?” The answer is: Yes.
While you aren’t required to have an attorney represent you in a Texas workers’ comp claim, you are advised to engage one. And keep in mind that Texas law puts a cap or limit on fees an attorney can charge to represent you in a workers’ comp claim.
Your workers’ comp attorney can help you in many ways, such as ensuring that you meet all deadlines.
How long do you have to sue or make a workers’ comp claim after a work injury? You have just 30 days from the date of your injury or diagnosis of your work illness to notify your employer. In terms of deadlines, if your workers’ comp claim is denied, you also must meet deadlines for an appeal.
Your workers’ comp lawyer also can determine if you should sue a third party for your work injury. Though you cannot sue a Texas employer who has workers’ comp insurance, you can sue contractors, parts suppliers, transportation providers and other third parties whose negligence contributed to your injury on the job.
Your Texas attorney for workers’ comp can fight to gain all payments possible for you. Having an attorney can be vital if your employer disputes the severity of your injury, what medical treatments are covered, your impairment rating, when you should return to work and what your overall benefits should be.
Your workers’ comp lawyer also can fight for you on appeal if your claim is denied, via many stages of dispute resolution.
Workers’ compensation coverage comes with four different kinds of benefits: income, medical, death and burial.
Income benefits provide part of the wages that a worker loses due to a work-related injury or illness. They also pay for permanent impairment to a worker’s body.
Medical benefits provide payments for reasonable and necessary medical care to treat a work injury or illness.
Death benefits replace part of the missing income for eligible family members of workers who are killed at work.
Burial benefits pay for some of the deceased worker’s funeral costs.
Can you also seek workers compensation benefits for pain and suffering? The answer is no – not from workers’ comp. But if you are able to file a work injury lawsuit, payments for pain and suffering can be included in that claim.
As for whether you can get fired or lose your job after making a workers’ compensation claim, Texas law says no. According to Texas Labor Code Chapter 451, employers cannot retaliate against an employee for his or her workers’ comp claim.
However, termination of an employee receiving workers’ comp is legal if it’s based on misconduct unrelated to the workers’ comp claim.
As you can see, it can be vital that you get a Texas work injury lawyer to handle your case. Jim Adler & Associates stands ready to guide you through the legal process and help you claim the maximum benefits to which you and your family are legally entitled.
Contact an experienced work injury attorney with our law firm today. We will quickly provide you with a free legal review of your case. Then, if you choose, we can get started helping you claim the work injury benefits that you need and deserve.
If you were injured in a workplace accident as a result of the negligence of others, call us at 1-800-505-1414 or send us a message to schedule your FREE consultation today.
Yes. If you have sustained injuries but have not filed a claim due to the incident happening several months ago, it’s crucial to familiarize yourself with the Texas Statute of Limitations.
Our personal injury law firm works on a contingency fee basis, which means we only get paid a portion from your settlement if we win your case.
Our personal injury attorneys are experienced and knowledgeable in assessing the value of your injuries. They will diligently advocate for your right to receive comprehensive compensation. This includes coverage for hospital and medical bills, rehabilitation expenses, lost wages or salary due to inability to work, and compensation for your pain and suffering. Our team is committed to ensuring you receive a complete, appropriate, and just settlement for all your injury-related losses.
Consultations are FREE. If we don’t win, you won’t pay.*
Address
1900 W Loop S
20th Floor
Houston, TX 77027
Address
12605 East Freeway
Suite 400
Houston, Texas 77015
Address
7330 San Pedro Ave
Suite 700
San Antonio, TX 78216
