An Experienced Austin Workers’ Compensation Attorney Can Help Protect Your Rights
When you believe your workers’ comp case has been unfairly decided, or if your employer does not have workers’ comp coverage at all, speaking with Austin workers comp lawyer Aaron Allison can provide you the information you need to move forward toward maximizing your recovery.
Texas is famous for a lot of things, and one of those is the Texan work ethic. The Lone Star State is teeming with industries, and because of the dedication of its workforce and its abundant natural resources — wide open spaces included — Texas reached an astonishing milestone in 2021. Texas now has the ninth largest economy in the world, knocking the entire country of Brazil down a place.
Texas shows no sign of stopping its growth, either, especially with the addition of major employers like Amazon and Tesla joining the family. Texas takes care of its own, but what happens when an injury leaves you feeling like you have been left out in the cold?
Workers’ compensation is supposed to provide relief to employees who have been injured while on the job. Texas is the only state that allows private employers to choose if they will cover their employees under workers’ compensation insurance. All public employers in Texas must provide workers’ compensation, such as government agencies; city, county and state employers; and public universities. In addition, building and construction contractors for public employers must provide workers’ comp for their employees, as must transportation carriers who move throughout the state.
When you suffer a work injury, you will file a claim with workers’ comp, then you expect to be compensated for your medical bills, lost wages and other qualifying expenses. At least, that is the idea most employees have about the program. By law, workers may be eligible for compensation from four different kinds of benefits.
As a state-regulated program, Texas’ workers’ compensation program is managed by the Division of Workers’ Compensation, which is supposed to ensure that injured employees
Workers’ comp is designed to protect the employer from huge lawsuits while providing the employee, or their family in the event of a fatal work injury, compensation for their injury. However, some groups are concerned that states are rolling back their workers’ comp protections in favor of private insurance companies or devaluing or denying claims more often.
Being injured at work does not automatically qualify you to file a workers’ comp claim. In order to be eligible for a claim, your injury or illness must directly result from the “course and scope” of employment. Some examples of this are
Even if you are considered at fault for your injury, it is still covered as long as
A few other important things to know about workers’ comp claims in Texas are that
Regardless of whether you believe you were seriously injured, any time you are injured at work, you should immediately take steps to protect yourself — even if you are unsure whether you have a workers’ comp claim.
For more about which workplace injuries Workers Comp covers.
To file for a workers’ comp claim without risking your benefits, you will want to make sure you follow the rules of the state’s labor laws.
Sometimes, workers’ comp claims are resolved quickly and to everyone’s benefit. Other times, the insurer will fall far short of what seems fair considering the extent of your injuries. The two most common types of disputes in workers’ comp cases are medical disputes and indemnity disputes.
Many people filing a workers’ compensation claim experience denial of their claim and refusal of benefit payments. Estimates range from 7% of all workers’ compensation claims to 90% of workers’ comp claims for certain diagnoses that are initially denied. However, if your claim has been denied, do not get discouraged.
Studies show that 67% of denied workers’ compensation claims are approved upon appeal, and those claims pay an average of 55% more than the initial filing amount.
Appealing a denied workers’ compensation claim in Texas can be a long, slow process with many steps. Here is a general overview of how a denied claim is appealed:
If your workers’ compensation claim is denied, you should always appeal the decision and request further review. Statistically, your appeal will be successful and get you more compensation.
Although the appeal process is clearly explained by the TDI, and they will guide you through each step, it is always best to consult with a Texas workers’ compensation attorney to find out how to manage the process and prove your claims. Your employer will have an attorney fighting hard on their side to deny your claim; you should have a lawyer on your side fighting just as hard to get the benefits you deserve.
Texas is the only state in America that allows employers to opt out of workers’ compensation insurance, depriving both the employer and the employee of the special coverage that workers’ compensation provides. Employers who don’t carry workers’ compensation insurance are called “non-subscribers,” and they have specific legal risks and responsibilities.
Non-subscribing employers are still required to compensate workers for on-the-job injuries, including the costs of medical care and treatment and the cost of lost wages due to illness or injury, as well as funeral and burial expenses for fatal workplace injuries. In addition, a non-subscriber employer may be held liable for emotional damages like pain and suffering, which is not allowed under Texas workers’ compensation insurance.
Employers who choose not to carry workers’ compensation must manage their liability for employee injury by other means, including:
If you are hired by a non-subscribing employer, they are required to notify you that you are not covered by workers’ compensation and to provide information on how to file a claim using their own compensation system. It is important to review these documents carefully to understand your employer’s processes and benefits. Share this information with family and loved ones in case they need to help pursue your claim while you are incapacitated due to injury or fatality.
If the benefits offered by your non-subscribing employer are insufficient for the costs related to your on-the-job injury, you have no choice but to file a lawsuit and take your employer to court. Employers who carry workers’ compensation are protected from these kinds of civil lawsuits, but non-subscribers are not. Filing a lawsuit against your employer is not a decision to be taken lightly, and it is best to consult with an Austin workers’ comp lawyer to understand your rights.
Just because an employer does not carry workers’ comp insurance does not mean that they aren’t responsible for creating a safe and healthy workplace and for compensating employees for work-related accidents, illnesses, and injuries. These types of cases can be time-consuming and difficult, but it is important to fight for your rights and protect yourself and your family.
The Law Offices of Aaron Allison is not intimidated by tough cases that require complex scientific knowledge. Clean room litigation has become a prominent part of our personal injury and workers’ compensation practice. Hazardous chemicals used in the production of these chips have resulted in a high number of birth defects of children of clean room workers. Our law firm resides in a major center for semiconductor computer chip manufacturing, and Austin workers comp lawyer Aaron Allison has the experience in pursuing these complex claims.
Furthermore, in 2020 alone, data reported by the Texas Department of Insurance (TDI) shows that nearly half of all workers’ comp claims for the year involved workers with COVID-19.
Debilitating illness and injury can impact you, your family and even generations to come. If your employer denies your workers’ claim, you can challenge the denial through the DWC. If you cannot solve the dispute through negotiation with the DWC, you can request a workers’ comp court hearing.
As an experienced work injury lawyer in Austin, we have successfully handled cases against some of Texas’s biggest businesses, including H-E-B, Lowe’s, Home Depot and several major healthcare facilities. Since 1978, our law firm has provided honest and competent legal counsel to the injured workers of Austin, and our Austin workers’ compensation team has the experience and resources necessary to work to meet your needs. Contact us today for a free consultation.
When you are injured at work or contract an occupational illness, you should immediately report this to your employer. After your work injury or illness is reported, you will visit an approved healthcare professional, start the workers’ compensation claim process, file your claim, receive your benefits and, hopefully, return to work. Having an experienced Austin workers’ compensation law firm by your side right from the beginning can often make a significant difference in the outcome of your claim.
If you are granted workers’ compensation benefits, then it should cover all of your medical and rehabilitation costs. You will also receive partial wages for any work that you miss. Some policies will provide death benefits if an employee is killed on the job.
However, certain circumstances may affect the amount of workers’ compensation benefits that you are entitled to receive. Consult with our Texas workers’ compensation attorneys before making any final decisions.
Temporary workers’ compensation benefits can be collected in Texas for 104 weeks, with a possible extension if you have or will have spinal surgery due to your work injury within 12 weeks prior to the deadline. If your impairment income benefits run out under Texas workers’ compensation, then you may be able to receive supplemental income benefits, providing you meet a number of qualifications.
Texas does allow lifetime income benefits under workers’ compensation. However, this applies to only a few severe types of impairment. Our Austin workers comp lawyer will help you figure out how long you can collect workers’ compensation benefits in Texas.
Certain farm and ranch workers, casual laborers, domestic workers and any worker covered by a method of compensation established under federal law may be exempt from receiving workers’ compensation benefits in Texas. The Texas workers’ compensation attorneys at our firm can help you determine if you are an exempt employee.
Texas does not require most employers to have workers’ compensation insurance. The state allows private employers to decide whether they want to participate in the workers’ compensation system. This means your first step will be to determine whether your employer carries workers’ compensation insurance. If your employer does carry workers’ comp, then you will report your injury to your employer.
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“I looked at several attorney’s for my husband’s case, and Aaron looks like he was the best one. He was the best Worker’s Comp attorney in our area of Texas. So, we called and made an appointment for an initial visit. Once we talked to him we got that he knows his job. Plus he’s very nice and very personable. We could tell that right away.”
— Mrs. Mario Caballero, Austin, Texas