When you are injured at work, you should be able to receive compensation for all expenses related to your injuries. Ordinarily, this would mean that you would file for workers’ compensation, which would compensate an injured employee without having to prove negligence of the employer. However, this can be much more complicated in Texas, since the state does not require most private employers to maintain workers’ compensation insurance.
If your employer has elected to carry workers’ compensation insurance and you are injured on the job, you can file a straight workers’ compensation claim. But if your employer does not maintain workers’ compensation insurance, you may be entitled to sue your employer. However, it’s important to note that in almost every case you can’t sue your employer if they have workers’ compensation.
Applying for Workers’ Compensation in Texas
If your employer has workers’ compensation insurance you will want to file a claim. The Division of Workers’ Compensation (DWC) oversees all claims. The steps to file for workers’ comp in Texas are as follows:
- Tell your employer right away. While you have 30 days to do so, it’s best to tell them as soon as you can. By reporting it immediately, you help to eliminate potential attempts by the insurance company to claim that your injuries weren’t related to your job.
- Figure out where you are allowed to receive treatment for your injuries. With the exception of emergency care, your employer should let you know if you must seek medical care from one of their approved network of doctors.
- File a claim with the DWC. Next, you should file a workers’ compensation claim with the DWC, which will review it. Texas generally allows for you to file your claim up to one year from the date of your injury. It’s best to consult with an attorney who can ensure that you carry out the claim process properly.
- Review the insurance company’s response. After reviewing your claim, you should receive a reply letter from your employer’s insurance company. They may wish to settle the claim. It’s important not to accept anything before speaking with an attorney. You want to be sure that you get what you are entitled to.
- Appeal if denied. If you receive a denial reply, you may be able to appeal through the DWC. With the assistance of your attorney, you may be able to conduct informal negotiations with the insurance company. If not, a judge will settle your claim at a workers’ compensation hearing that you would attend.
Workers’ Compensation Benefits
If your workers’ compensation claim is successful, you may be able to receive the following:
- Medical bills and costs
- Temporary income benefits
- Vocational rehabilitation costs
- Impairment income benefits
- Supplemental income benefits
- Lifetime income benefits
Workers’ compensation claims are often complex but an attorney can help.
The Attorneys at Rochelle McCullough Help Those in Dallas Who Have Been Injured at Work
If you or a loved one has been injured while on the job, it can have a great impact on your life. When you are already dealing with recovering from your injuries, the last thing that you want to have to worry about is negotiating with insurance companies. Still, you should not have to pay the price. That’s why a knowledgeable and experienced Texas workplace injury attorney can help.
The lawyers at Rochelle McCullough will help fight for your rights. To schedule a consultation, contact us today.