Texas workplace injuries and illnesses have been steadily declining for the last several years. However, thousands of people still get hurt on the job annually.
If you’ve been injured on the job, you need a Conroe workers’ compensation lawyer who will fight for you and work to secure the compensation you deserve.
Our team at Terry Bryant Accident & Injury Law has decades of experience with work injuries and is ready to assist with your case. Reach out today for a free and confidential case review.
Common Causes of Workplace Injuries
Workplace injuries can result from various factors. Some of the most frequent causes of workplace injuries include the following:
- Slips, trips, and falls: Injuries can be caused by wet or slippery surfaces, uneven flooring, cluttered walkways, or a lack of proper signage.
- Manual handling and lifting: Injuries can be caused by incorrect lifting techniques, overexertion, carrying heavy loads, and a lack of training on proper lifting methods.
- Falls from heights: Injuries can be caused by a lack of fall protection equipment, unprotected edges, inadequate safety barriers, or a failure to use safety harnesses.
- Struck by objects: Injuries can be caused by falling objects, moving machinery or equipment, or tools or materials not being properly secured.
- Machinery accidents: Injuries can be caused by a lack of machine guarding, inadequate training on equipment operation, and malfunctioning or poorly maintained machinery.
- Electrical hazards: Injuries can be caused by faulty wiring or equipment, a lack of proper electrical safety measures, and inadequate training on electrical safety procedures.
- Fire and explosions: Injuries can be caused by faulty equipment or machinery, inadequate storage of flammable materials, or a lack of fire safety training and equipment.
- Chemical and hazardous material exposure: Injuries can be caused by inadequate personal protective equipment (PPE), a lack of proper training on handling chemicals, or improper storage and labeling of hazardous materials.
- Vehicle accidents: Injuries can be caused by a lack of traffic control measures, inadequate training for vehicle operators, worker fatigue, or poorly maintained vehicles.
Texas Workers’ Compensation Laws
What happens if you experience any of these injuries in Texas?
Texas has a unique approach to workers’ compensation compared to other states in the United States. Employers are not required to carry workers’ compensation insurance. Instead, employers can choose whether or not to provide coverage for their employees. This system is known as an “opt-out” or “non-subscription” system.
Here are some key points to be aware of regarding Texas workers’ compensation laws:
- Voluntary coverage: Employers in Texas can choose to provide workers’ compensation insurance voluntarily. If they do, they must follow the state’s workers’ compensation laws and regulations.
- Non-subscription: Employers who opt not to provide workers’ compensation insurance are considered “non-subscribers.” Non-subscribers are not immune to legal action in the event of a workplace injury. If an employee is injured on the job and the employer does not have workers’ compensation coverage, the injured employee has the right to sue the employer for negligence.
- Employer immunity: If an employer provides workers’ compensation coverage, they generally receive immunity from most employee lawsuits related to workplace injuries. This means that an injured employee generally cannot sue their employer for damages beyond what workers’ compensation provides. This is referred to as the “comp bar,” or by referring to workers’ comp as your exclusive remedy.
- Benefits: Workers’ compensation benefits in Texas may include medical expenses, income benefits for lost wages, and death benefits for dependents in case of a fatal workplace injury.
- Dispute resolution: Disputes between injured workers and employers or insurance carriers are typically resolved through the Texas Department of Insurance, Division of Workers’ Compensation (DWC). The DWC provides a system for resolving disputes through informal conferences, contested case hearings, and appeals.
Income Benefits Available to Injured Workers
The income benefits you can receive after getting injured on the job are determined by the severity of your injury. There are four types of income benefits:
- Temporary Income Benefits (TIBs). These benefits end when your doctor allows you to return to full duty or states that you have reached maximum medical improvement (MMI). If neither of these things happens, your benefits typically end about two years after your injury.
- Impairment Income Benefits (IIBs): These benefits are available if you are permanently impaired from a work-related injury or illness.
- Supplemental Income Benefits (SIBs): These benefits are available to any injured worker who has a whole-body impairment rating of 15% or higher.
- Lifetime Income Benefits (LIBs): These benefits apply to injuries so severe that they disable a worker for the rest of their life. The amount paid is 75% of an injured employee’s average weekly wage (AWW), with a three percent annual increase.
What to Do if You’re Injured at Work
It can be hard to know how to proceed after you’ve been injured on the job in Texas (especially with the state’s unique workers’ compensation laws). If you follow these guidelines, though, you’ll have an easier time navigating this process and getting the compensation you need:
Get Medical Attention
Visit a doctor right away to seek treatment for your injuries or illness (even if your symptoms don’t seem particularly severe). Remember that Texas law requires you to see a physician who is on the Workers’ Compensation Division’s Approved List of Doctors (ADL).
Report Your Injury
You must also report your injury or illness to your employer within 30 days of its occurrence. The sooner you do this, though, the better. If you wait until the last minute to file a report, your employer may question the severity of your injury, which can make it harder for you to get compensated.
Submit the Proper Paperwork
You must submit a completed copy of the DWC-41 form to the Division office within one year of your diagnosis or injury. Again, the sooner you take this step, the stronger your case will be, and the sooner you can get compensated for your injury or illness.
Hire a Workers’ Compensation Lawyer
Workers’ compensation lawyers can guide you through these steps and make sure you don’t miss any essential deadlines. They can also support and represent you if you run into trouble getting fair compensation.
When Should You Reach Out to a Workers’ Compensation Lawyer?
You have one year to file a workers’ compensation claim in Texas (and 30 days to report the injury to your employer). You must work relatively quickly to get the ball rolling here, which is why we recommend reaching out to a Conroe workers’ compensation lawyer right away.
Remember that the sooner you connect with skilled attorneys, the sooner you’ll be able to get the benefits you deserve (and the easier it will be for your attorneys to build a strong case and maximize the benefits you receive).
What Can the Lawyers at Terry Bryant Accident & Injury Law Do for You?
The work injury lawyers at Terry Bryant Accident & Injury Law can provide valuable assistance if you’ve been injured on the job. Here are some ways in which a Conroe workers’ compensation lawyer can help you:
Navigating the Claims Process
Workers’ compensation claims can be complex, involving various paperwork, deadlines, and legal requirements. Our lawyers can guide you through the entire claims process, ensuring that you complete the necessary forms accurately and on time.
Ensuring You Receive Fair Compensation
A Conroe workers’ compensation lawyer will ensure you receive fair and appropriate compensation for your injuries. This may include coverage for medical expenses, rehabilitation costs, lost wages, and disability benefits.
Handling Disputes and Appeals
If your workers’ compensation claim is denied or disputed by your employer or the insurance company, our lawyers can help you appeal the decision. They can represent you in hearings or other legal proceedings to advocate for your rights.
Investigating Your Case
Our lawyers can investigate the circumstances of your workplace injury to determine liability and gather evidence to support your claim. This investigation may involve reviewing medical records, interviewing witnesses, and consulting with experts.
Negotiating Settlements
In some cases, a settlement may be reached instead of going through a lengthy legal process. Workers’ compensation lawyers can negotiate with the insurance company on your behalf to secure a fair settlement that covers your medical expenses, lost wages, and other damages.
Protecting Your Rights
Workers’ compensation lawyers can ensure your rights are protected throughout the process. They can advise you on what to say or not say to insurance adjusters and employers, helping you avoid actions that could jeopardize your claim.
Assisting with Permanent Disability Claims
If your injury results in permanent disability, our lawyers can help you navigate the process of filing for permanent disability benefits. They can assess the extent of your disability and work to secure appropriate compensation.
Hire a Conroe Workers’ Compensation Lawyer Today
Having the right attorneys by your side can make all the difference when you’re navigating the world of workers’ compensation laws.
The Conroe work injury lawyers at Terry Bryant Accident & Injury Law are ready to answer your questions and assist with your workers’ compensation claim.
Are you unsure of whether or not you have a solid case? We’re happy to advise.
Complete our online form or call us now at 713-973-8888 or toll free 1(800) 444-5000 for a free and confidential work injury case review.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
