Dedicated To Workers’ Compensation
Experienced, Professional Representation In Workers’ Compensation
When you have been injured at work or suffered a work-related illness, you and your family need workers’ compensation benefits to help with medical expenses and other costs. Unfortunately, there are deadlines, technical requirements, and other potential pitfalls in the process. Employers don’t always honor an injured employee’s claim and insurance companies are always looking for ways to limit the amount of money they pay for workers’ comp settlements.
When benefits are delayed or your claim is denied, you need the help of an experienced workers’ compensation attorney to fight for your interests.
The Benefits You Need, When You Need Them
An experienced lawyer can help steer your claim through the complicated workers’ compensation system. The system itself can be overwhelming and the employers and insurers who are on the other side can be intimidating opponents. It’s important to have experienced, professional legal help on your side.
Our practice is devoted exclusively to workplace injury and workers’ compensation. We help the injured and their families to get the benefits they need so that they can focus on their recovery and taking care of their loved ones.
Experienced Legal Help For Workers’ Compensation
An accident can happen at any type of workplace, whether it’s a busy construction site, a quiet office, a warehouse, a highway trucking route, or some other place where people make a living.
The workers’ compensation system is designed to help workers who are injured in a workplace accident or made ill by a work-related condition. It can also help the families of workers who are killed in a fatal workplace accident. So long as the work injury occurred during the course of his or her employment, workers’ compensation should cover the costs of medical and rehabilitative treatment, and help out with lost wages.
Conditions covered by workers’ compensation benefits include:
Injuries caused by falling objects
Injuries caused by accidents with machinery
Motor vehicle accident injuries suffered during the execution of job duties
Illnesses caused by exposure to toxic chemicals at work
When the system works as it is supposed to, workers get the benefits they need and return to work when they can. Unfortunately, as all too many workers know from personal experience, the system doesn’t always work the way it is supposed to. Our Law Firm is dedicated to helping workers to get the benefits they and their families need.
An Experienced Workers’ Compensation Lawyer On Your Side
When you don’t get the workers’ compensation benefits you deserve after a workplace injury or illness, you need an experienced workers’ compensation attorney on your side.
Our Law Firm has been practicing worker’s compensation law for more than 25 years. We have worked on the defense side of workers’ compensation disputes, but for more than a dozen years, we have been representing employees. Our experience gives us valuable insight into how workers’ compensation works, and how to fight most effectively for our clients. Contact us to discuss your case and set up an appointment today.
Helping Injured Workers
For more than a decade, our Law Firm has represented injured workers and their families throughout Texas.
Our founding attorney has built our practice on workers’ compensation law since 1988. We have worked in defense representing employers and insurance companies. We switched sides to represent employees, so that we could stand up for injured workers. Our experience gives us the insight and the skills workers and their families need when they have been denied the benefits they deserve.
We have built a reputation in our community for our hard work representing clients in cases involving a wide variety of circumstances, including:
Warehouse and industrial workers
Work-related automotive accidents
Personal injury law, when someone other than the employer is liable for an injury
Appeals of denied claims
Powerful, Knowledgeable Legal Help On Your Side
Whether you are just starting the claim process or taking your claim to appeal, we help our clients navigate the often confusing workers’ compensation system. When employers refuse to honor your legitimate claim of a workplace injury or when insurers balk at paying the true cost of your medical care, we fight for the rights of injured workers and their families.
Contact An Experienced Attorney
If you have been injured at work or suffered from a work-related medical condition, or if your loved one has been killed in a workplace accident, and you are having trouble getting the benefits you need, contact our Law Firm to set up an appointment and learn about your legal options.
Was Your Workers’ Compensation Claim Denied?
It’s always a frightening experience for workers and their families when their claim for workers’ compensation benefits is denied. In some cases, an employer’s insurance company doesn’t want to pay the full cost of the treatment the injured worker needs. In others, the employer and insurance company deny that the injury or illness is covered by workers’ compensation at all.
Whatever the situation, when you have been denied worker’s comp benefits, you may face huge medical bills and other expenses and worry about how you and your family will pay for them.
Some common reasons claims may be denied:
Your employer says that your injury is not covered by workers’ compensation.
Your employer says your injury did not happen during work hours.
Your employer’s insurance company argues that the injury was not as serious as you know it to be.
Fortunately, the workers’ compensation system provides ways for injured workers to continue to pursue their claims after an initial denial. However, the workers’ comp appeals process has many deadlines, technical requirements, and legal complications. What’s more, during the process, the other side may offer workers’ compensation settlements that are not sufficient to cover all your expenses. It’s important to have the help of a qualified workers’ compensation lawyer during this part of the process.
Dedicated To Workers’ Compensation Law
At our Law Firm, we help employees after their employers have failed to honor the legitimacy of their workers’ compensation claims. We represent injured workers at hearings before the State Board of Workers’ Compensation and, when necessary, our experienced attorney takes their cases to the state board’s appellate division or beyond.
If you have suffered a work-related injury or illness and your claim for workers’ compensation benefits has been denied, call our office or contact us by email today to discuss your case and learn about your legal options to get the benefits you deserve.
What To Do After A Workplace Accident
The workers’ compensation system can provide benefits to help injured workers pay for medical expenses and tide them over financially while they are unable to return to work. However, the system has many requirements, and if you miss certain deadlines or technical details, you may find it difficult to get the benefits you deserve when you need them. It can be very important to document and report every doctor’s visit and expense related to the injury.
What To Do If You’re Injured At Work
Workplace accident reporting is very important. If you are injured on the job, you typically must report to your employer immediately after the injury in order to get the workers’ compensation claim process started as soon as possible. Request paperwork and fill it out, using specific details to document your case. If there were witnesses to the accident, tell your employer. If you are knocked unconscious, require immediate medical treatment, or are otherwise unable to report the injury right away, someone else must report the injury.
Seeing A Doctor After A Work-Related Injury
Typically, to have your medical expenses covered by workers’ compensation benefits, you must go to a doctor who is authorized by your employer. In an emergency, you can seek treatment from the nearest emergency location, but you must go to approved medical providers for follow-up visits.
In some cases, after injured workers visit an employer-authorized doctor, they feel that the doctor has not taken the injury seriously enough. This can result in not getting the benefits you deserve. In these cases, a workers’ compensation lawyer may be able to help.
Experienced, Insightful Representation
Our Law Firm has been handling workers’ compensation cases for more than 25 years, representing both employers and employees. Our experience provides us with insight into how workers’ compensation cases work, how insurers try to avoid paying for benefits, and how employees can go about getting the help they need.
We help clients through workers’ compensation claims, the appeals process, and other matters to make sure they get the benefits they deserve after they have been injured at work. Call us or contact us online to discuss your case and set up an appointment.
Why You Should Consult an Attorney
Not all injuries on the job are compensable under the Worker’s Compensation Act. Before you make any statements to the insurance company about your accident, you may need to consult an experienced Worker’s Compensation lawyer.
You may be entitled to weekly benefits until you are able to return to work even after you have been released by your physician. If you return to work at a reduced wage, you may be entitled to partial disability benefits. You may also be entitled to permanent partial disability benefits for the loss of use of some part of your body. Many times the insurance carrier or your employer may attempt to settle your claim without explaining your options.
The employer, insurance adjuster, and rehabilitation providers may be your adversaries in a claim. In addition, the insurance adjuster has the right to direct your medical care. If you are dissatisfied with the treatment you are receiving, they may not tell you that you have other options.
If we agree to take your Worker’s Compensation case, we will represent you on a contingency fee basis which means you pay no legal fees unless we successfully resolve your case. Initial consultations are provided at no cost.
Texas Department of Insurance, Department of Workers Compensation
Texas employers have been opting out of Worker’s Compensation insurance in growing numbers in the past two decades in an effort to avoid the program’s high costs.
There are a lot of factors that go into the decision to be a nonsubscriber. How big is the company? What is their loss record? What are their comp premiums? Is it going to be a cost-saving measure from year to year? That just scratches the surface. There are so many questions, and there isn’t a cookie-cutter answer.
The big issue is how comfortable is the employer in allowing a jury to determine negligence.
Typically in a civil lawsuit, comparative liability deems that a Defendant can be held proportionately liable for a Plaintiff’s damages. If a jury finds a Plaintiff is thirty percent at fault, then the Defendant pays seventy percent of the damages. In Texas, if a Plaintiff is found to be fifty-one percent at fault, then Defendant pays no damages.
However, in nonsubscriber cases, if a jury finds a Defendant to be even one percent at fault, that Defendant is one hundred percent liable. Add to that the fact that the employer cannot show evidence that the employee was negligent or that the employee knew the risks and voluntarily proceeded, and nonsubscribers face a difficult challenge in the courtroom.
What’s key to being a nonsubscriber is having an attorney who is experienced in dealing with these limitations. Our Law Firm has found that many attorneys, unaccustomed to the critical differences, fail to grasp nonsubscriber’s intricacies.
Rather than try to spread liability, the defense must look to what the employer did by way of training, supervision, providing safe equipment, and providing a safe environment so that the one-percent threshold can be defused by showing how reasonably the employer acted. If the employer can show that it took reasonable steps and nothing it did or failed to do caused the accident. The fact that an employee was injured is not an indication of negligence. To that end, how your approach to the case has to be a little different.
The differences in handling nonsubscriber lawsuits may be subtle, such as refocusing questions in discovery or in depositions, but it is essential that an employer’s attorney understand those differences. Our Law Firm has the necessary experience.
Our Law Firm handled nonsubscriber cases for fifteen years and has worked with a variety of employers. We are familiar with the nuances of nonsubscriber cases, how to evaluate them, and prepare them for trial.