If you are employed in Texas and have sustained an injury at work, it is essential to know your rights. Some of the rights you have as an injured worker in Texas include:
- Freedom to choose a doctor to treat your injuries
- Thorough medical care for your injuries
- Right to an attorney at all times to assist you with your claim
Your Rights if You Have Workers’ Comp
Your rights and options after being hurt at work depend greatly on whether you are covered by workers’ compensation insurance. Texas is unique in that, unlike other states, it does not require employers to carry workers’ compensation insurance.
Although employers are not required to carry it, many do. That is because by having workers’ comp insurance, the type and amount of compensation you receive is then limited by law.
If you are covered by workers’ compensation insurance, you need to inform your employer of your injury as soon as possible.
Through a workers’ comp claim, you may be entitled to:
Medical Benefits
Workers’ comp insurance covers the costs of your reasonable and necessary medical expenses. In an emergency, you should seek medical care right away without concern for specific insurance coverage. However, for further treatment, you must use a physician within your workers’ comp insurance network.
You may have disputes with the insurer regarding treatments that are reasonable and necessary for your work-related injury. If you are having trouble getting your medical care covered, talk with a work injury lawyer.
Income Benefits
Insurance may pay you a certain percentage of your income. There are several types of income benefits, including temporary income benefits (TIBs), impairment income benefits (IIBs), supplemental income benefits (SIBs), and lifetime income benefits (LIBs).
TIBs are for temporary injuries and illnesses and are 70% of the difference between your average weekly wage and the wages you can earn after your work-related injury. You can receive TIBs until you reach your maximum medical improvement, when you are physically able to earn your average weekly wage, or at 104 weeks.
IIBs are for if you have a permanent impairment. The amount you can receive depends on your impairment rating, which is a percentage that indicates the degree of permanent damage your body sustained. You may receive three weeks of IIBs for each percentage of impairment.
SIBs are available if you have a 15% or greater impairment rating, have not gone back to work, earn 80% or less than your average weekly wage, can prove you are looking for work, and you did not accept a lump sum workers’ comp settlement.
LIBs are for if you sustain certain permanent injuries, like severe burns, amputations, paralysis, loss of eyesight, or severe traumatic brain injury. You can receive 75% of your average weekly wage, and a 3% increase each year.
Burial and Death Benefits
If your loved one was killed at work and had workers’ compensation insurance, you may receive burial and death benefits. Burial benefits can be paid to a family member who was responsible for these expenses. You may receive up to $10,000.
Death benefits are 75% of the decedent’s average weekly wages. As a surviving spouse, you can receive these benefits for the rest of your life or until you remarry. If you remarry, you receive a lump sum of two years of benefits. A surviving child can receive benefits until they are 18-years-old, or until they are 25 – if they are enrolled in school.
Your Rights If You Do Not Have Workers’ Comp
Without insurance coverage, you are not entitled to workers’ comp medical and income benefits. You will need to file a personal injury lawsuit to pursue full and fair compensation for your injuries.
Your right to pursue personal injury compensation depends on many factors, including proving that another party caused your injury due to their negligence, gross negligence, or intentional misconduct.
Because you must establish the other party’s fault and the type and extent of your injuries, you will benefit from working with an experienced attorney.
Intentional Harm Inflicted by an Employer or Coworker
If the employer intentionally inflicted injuries sustained at work, the injured employee is entitled to file a claim against their employer. This also applies to injuries inflicted by another coworker. These could include physical attacks or deliberate negligence, such as faulty equipment or exposure to hazardous chemicals.
Every employee in Texas has the right to a safe work environment. When the employer fails to provide for such needs, they are liable for injuries or even deaths that may occur because of their disregard.
For instance, an employer may know that the lighting is poor and a staircase is slippery. By not providing better lighting and more surface traction, they are practicing intentional negligence and putting their workers at risk. If the injuries are fatal, the deceased worker’s estate can file suit against their employer for gross negligence and behaving intentionally in a way that caused the death.
Damages To Which an Injured Texas Worker is Entitled
If you have been in an accident, you must seek the care of medical professionals immediately. The required tests and treatments can contribute to exorbitant medical bills. The entity responsible for your injuries is expected to shoulder those bills. Some of these may include:
- Ambulance travel
- Surgeries or procedures to repair damages
- Nights spent in the hospital
- Physical as well as occupational therapy
- Home health services
- Prescription medications
- Medical equipment like wheelchairs and crutches
Your Texas injury attorney will find ways to lessen your accident’s economic strain on you and your loved ones. Maximum financial compensation is our goal for you.
Lost Income
When an injury affects your ability to make a living, stress and frustration take the place of a paycheck. An injured person should not be forced to struggle with financial distress without options. The situation is not a hopeless one. And your Texas personal injury attorney will understand your options.
The responsible party must reimburse you for financial losses that you have sustained because of your inability to work. If your injury is a permanent one and you are unable to return to work, you will likely be owed compensation for the loss of future earnings. Your injury terminated the potential to earn a living or to follow a particular career path.
Your attorney will ensure that the future loss of wages is considered when filing claims on your behalf. Our team’s goal is for you to focus your energy on healing while we focus on ensuring your financial future by negotiating with the responsible parties or going to trial if necessary.
To learn more about your rights after suffering from a work injury in Texas, contact us today at (281) 283-8500 to schedule a free, initial evaluation of your case.
