Don’t let Texas’s convoluted workers’ compensation system stand in the way of the justice and support you deserve. At Fibich, Leebron, Copeland & Briggs, our seasoned attorneys are ready to stand up on your behalf and pursue the benefits you’re entitled to.
Take the first step toward reclaiming control of your future today. Contact us now to arrange your free, no-obligation consultation session.
Did you recently get hurt or sick on the job in Texas? There are wide-ranging consequences a work-related injury or illness can have for your life. Beyond the physical pain and psychological suffering you’ve endured, you might be struggling financially due to missed work and stressing over how all this could affect your future.
Unfortunately, unlike many other states, Texas does not require most employers to protect their employees with workers’ compensation coverage. That means securing fair compensation is a confusing and frustrating process for many workers here in the Lone Star State. But you don’t have to figure this out on your own. That’s where Fibich, Leebron, Copeland & Briggs come in.
As your trusted advocates, we are deeply committed to championing your rights and demanding the benefits you are owed. With more than 100 years of combined experience handling Texas workers’ compensation and injury claims, we are well-equipped to guide you through every step of the legal process. Together, we can confront these challenges and pursue the peace of mind and financial support you need to focus on your recovery.
Contact our work injury law firm today for a free consultation and case review to learn more about your rights as an injured worker.
Workers’ compensation is an insurance program that provides benefits for things like medical care, income replacement, and family support when an employee gets hurt or sick at work. It also provides burial expenses if a worker dies due to work-related injuries.
However, certain exceptions apply where workers’ compensation doesn’t, including if the employee:
In Texas, government employers and private employers that contract with government entities must provide workers’ compensation coverage. However, this coverage is not mandatory for most private employers in the state. The Texas Department of Insurance maintains several databases you can use to verify whether your employer carries workers’ comp insurance or has registered as self-insured.
Four key types of workers’ compensation benefits are available in Texas: medical benefits, income benefits, burial benefits, and death benefits.
Medical benefits cover reasonable and necessary medical care for your work-related injury or illness. This includes the costs of things like emergency treatment, hospital stays, doctor’s visits, specialist appointments, prescription medications, and durable medical equipment.
Income benefits replace a portion of any income losses you incur due to a work-related injury or illness. They are further divided into four types:
Burial benefits cover some of an employee’s funeral expenses if they die from a work injury or illness, up to $10,000.
Death benefits help surviving family members replace some of their lost income when an employee dies due to a work-related injury or illness. Notably, spouses of first responders married on or after September 1, 2017, can claim death benefits for life even if they remarry later.
If you have experienced any of these injuries at work, you could be entitled to workers’ comp benefits or have grounds for a personal injury case:
Workers’ compensation and third-party injury claims serve distinct purposes in workplace injury cases.
A workers’ compensation claim is a claim against your employer’s insurance. Workers’ comp benefits provide swift and necessary financial support for medical costs and lost income, no matter who was at fault for the injury. These benefits are typically limited and do not account for the full value of your financial losses or intangible losses like pain and suffering.
Third-party injury claims arise when you get hurt due to the wrongful behavior of a party other than a covered employer, such as a contractor or equipment manufacturer. You could file an insurance claim or personal injury lawsuit against the responsible third party in these cases. Unlike workers’ comp benefits, money from third-party claims can cover the full range of your losses, including all lost wages, pain and suffering, and emotional distress.
In some cases, yes. After a workplace injury in Texas, you could have the right to collect workers’ comp benefits and seek additional compensation from a claim against a liable third party. This might include entities like equipment manufacturers, contractors, or other drivers in work-related traffic accidents.
But note that if you secure compensation from a third party, your employer or insurance company could have the right to recover some or all of what it’s paid you. This process, called subrogation, prevents you from being doubly compensated for the same injury. It also highlights the difficulty of simultaneously managing workers’ comp and third-party claims. For a situation like this, your best move is to hire an experienced, reputable Houston work injury law firm.
The question of whether you can sue your employer for a work injury in Texas hinges upon the specifics of your employer’s insurance coverage. If they provide workers’ compensation insurance, they enjoy substantial legal protections against most employee lawsuits. In fact, the only time a covered employer could be subject to an employee lawsuit in Texas is when the employee’s death is directly attributed to the employer’s negligence.
However, things are different if your employer does not provide workers’ compensation coverage. In this case, they forfeit their protection against lawsuits from injured employees. So, if you suffer a workplace injury or illness, and your employer doesn’t provide workers’ comp coverage, you could have the right to bring a lawsuit against your employer. The best way to assess your legal rights after a work injury is to consult a knowledgeable Houston personal injury lawyer.
The more common scenarios where third-party claims might arise in a workplace setting include the following:
Hiring a workers’ compensation attorney is the best way to avoid the many common pitfalls of work injury claims, such as missed filing deadlines. Additionally, because insurance companies are often focused on minimizing payouts, you might need more negotiation leverage to secure a fair settlement with representation.
Handling a work injury claim without an attorney can also be extremely stressful and time-consuming, taking focus away from your recovery. And if unexpected challenges arise, such as disputes over the severity of your injuries or employer retaliation, you could be unprepared and vulnerable without legal counsel. When the stakes are this high, having an experienced Houston work injury lawyer on your side is essential.
After a work injury, the counsel of a skilled lawyer can dramatically increase your chances of receiving the compensation you are owed. Specifically, a Houston work injury attorney can:
