Workers Comp Lawyer Fort Worth

Workers Comp Lawyer Fort Worth

Workplace injuries can cause significant physical, emotional, and financial hardships for employees. Understanding your rights and taking proper steps may ensure that you receive the benefits and medical care you’re entitled to. A workers comp lawyer in Fort Worth can help protect those rights and provide guidance on the often-complex workers’ compensation process. At The Law Offices of Aaron Allison, we focus on helping injured workers across Texas, including Fort Worth, recover compensation and move forward with confidence.

Understanding Workers’ Compensation in Fort Worth

Introduction to Workers’ Comp in Fort Worth

What Should I Do if I Am Injured at Work in Fort Worth?

Report your injury to your employer immediately, as Texas law requires this within 30 days. Failing to do so may jeopardize your ability to claim benefits.

After reporting:

• Seek medical attention: Use an employer-approved provider if required, and ensure your medical records clearly link the injury to your workplace.
• Document the incident: Record details about the accident, witnesses, and unsafe conditions. Photos of the scene can strengthen your case.
• File a claim: Submit your workers’ compensation claim to the Texas Division of Workers’ Compensation (DWC) with all supporting documentation.
• Consult an attorney: A workers’ comp lawyer in Fort Worth can assist with disputes, denials, or nonsubscriber cases.

Taking immediate action and thorough documentation will protect your rights and improve your chances of receiving benefits.

How Do I File a Workers’ Compensation Claim in Fort Worth?

Filing a workers’ compensation claim in Fort Worth involves notifying your employer and submitting the proper documentation to the Texas Division of Workers’ Compensation (DWC). Following the required steps is critical to preserving your eligibility for benefits.

Here’s how to file:

1. Report the injury to your employer: Notify your employer immediately, as delays could harm your claim. Reporting must occur within 30 days of the injury.
2. Complete the claim form (DWC-041): This form, required by the DWC, must be submitted within one year of the injury or diagnosis. It outlines the injury’s details and your request for compensation.
3. Gather and submit supporting documents: These include medical records, employer reports, and witness statements that link the injury to your job.
4. Track deadlines and responses: Missing the DWC’s deadlines can result in your claim being denied. Keep detailed records of all communications and insurer responses.

The claims process can be straightforward, but disputes about eligibility or documentation often arise.

Who Is Eligible for Workers’ Comp in Fort Worth?

All workers are entitled to a safe work environment, regardless of their immigration status. In Fort Worth, all regular employees are eligible for workers’ compensation or personal injury compensation. Workers’ comp does not always protect independent contractors, self-employed people, and freelancers, and they should carry their own insurance.

However, Texas is the only state in America that does not require all employers to carry workers’ comp insurance to cover injured workers. Some private employers may choose not to carry workers’ comp coverage, and these employers are called “non-subscribers.” If an employee of a non-subscriber is injured at work, instead of receiving workers’ compensation benefits, they may need to sue their employer for personal injury.

Due to the complexity of Texas workers’ compensation laws, most lawyers do not handle these types of cases. Of the 95,000 attorneys working in Texas, only 40 represent the injured worker in straight workers’ compensation cases.

The Law Office of Aaron Allison still proudly provides assistance for those who have suffered catastrophic injuries at work, as we have for decades. Our Fort Worth workers’ compensation attorney fights to help injured workers recover everything they are entitled to.

Rights and Protections under Fort Worth Workers’ Comp

What Are My Rights if My Workers’ Compensation Claim Is Denied in Fort Worth?

You have the right to appeal a denied workers’ compensation claim in Fort Worth. Common reasons for denial include disputes about whether the injury was work-related, lack of sufficient evidence, or missed deadlines.

If your claim is denied:

1. Request a Benefits Review Conference (BRC): An informal meeting with a DWC representative and the insurer to try to resolve the dispute.
2. Proceed to a Contested Case Hearing (CCH): If the issue remains unresolved, you may present evidence to an administrative law judge.
3. Appeal further if necessary: If you disagree with the judge’s decision, you can escalate the case to the Appeals Panel or the court system.

According to the Texas Comp Update Newsletter – Fall 2024, more than two-thirds of denied claims are overturned during the appeals process. Working with an experienced workers’ comp lawyer Fort Worth can improve your chances of success.

Can I Be Fired for Filing a Workers’ Comp Claim in Fort Worth?

No, it is illegal for an employer to retaliate against you for filing a workers’ compensation claim in Fort Worth. Texas law and federal protections, such as those under the Occupational Safety and Health Act (OSHA), prohibit retaliation against employees who report workplace injuries or unsafe conditions or file workers’ compensation claims (OSHA). Retaliation includes termination, demotion, pay cuts, reduced hours, or other forms of adverse treatment tied to your decision to assert your legal rights.

If you file a workers’ compensation claim, your employer cannot legally fire you solely because of your claim. Nonetheless, retaliation cases can be difficult to prove because employers may disguise discriminatory actions as unrelated disciplinary measures. For example, an employer may claim they fired you for poor performance or tardiness, even if these issues only arose after you filed your claim.

If you suspect retaliation:

• Document everything: Keep detailed records of incidents, such as sudden disciplinary actions, changes in your job duties, or hostile treatment following your injury or claim.
• Consult a workers’ compensation attorney: Legal guidance is essential to protecting your rights and pursuing claims for wrongful termination or workplace retaliation.

By taking swift action, you can protect yourself against unfair treatment and pursue compensation for wrongful termination or retaliation. Federal whistleblower laws further strengthen your right to report workplace injuries without fear of retribution.

Medical Concerns and Workers’ Compensation in Fort Worth

Medical Care and Choice of Doctor

Can I Choose My Doctor for a Work Injury in Fort Worth, Texas?

In most cases, the choice of doctor for workers’ compensation injuries is limited to an employer-approved network. Employers in Fort Worth often use healthcare networks authorized by the Texas Department of Insurance (TDI) to provide treatment.

Notwithstanding the above:

• If your employer does not participate in a network, you may select your own doctor.
• Employees who believe their care is inadequate may request a change of doctor by submitting Form DWC-053 to the Texas DWC.

Consulting a workers’ compensation attorney can help you navigate disputes over medical care, ensuring that your recovery is not delayed due to administrative hurdles.

Injury Coverage in Fort Worth

What Types of Injuries Are Covered by Workers’ Compensation in Fort Worth? 

Workers’ compensation in Fort Worth covers a broad range of injuries and occupational illnesses, provided they are work-related. These include injuries that occur suddenly in accidents as well as those that develop over time due to repetitive tasks or workplace conditions.

Here are the most common injuries covered:

• Acute Injuries: Broken bones, burns, head trauma, and spinal injuries caused by falls, machinery malfunctions, or other workplace accidents.
• Repetitive Stress Injuries (RSIs): Carpal tunnel syndrome, tendonitis, and other conditions caused by repetitive motions, overuse, or poor ergonomics.
• Occupational Illnesses: Long-term health conditions caused by exposure to toxic chemicals, dust, fumes, or noise, such as respiratory illnesses or hearing loss.

Mental health conditions like workplace-induced anxiety or PTSD may also be covered, but proving they are work-related requires additional evidence. If you are unsure whether your injury qualifies, consulting with a workers’ comp lawyer in Fort Worth can provide clarity and improve your chances of receiving benefits.

Legal Options and Compensation in Fort Worth

Compensation Details

What Compensation Can I Expect From a Workers’ Comp Claim in Fort Worth?

Workers’ compensation benefits in Fort Worth may include medical care, lost wages, and disability benefits. Specifically:

• Medical Benefits: Coverage for doctor visits, prescriptions, surgeries, and rehabilitation.
• Temporary Income Benefits (TIBs): Payments for lost wages if you cannot work due to your injury. These are capped at 70% of your average weekly wages in most cases.
• Impairment Income Benefits (IIBs): Compensation for permanent impairments after recovery.
• Supplemental Income Benefits (SIBs): For those with severe impairments who cannot return to their prior occupation.

The amount and duration of benefits vary based on the severity of the injury and your recovery time. A workplace injury attorney can help ensure you receive the full benefits available.

Employer’s Insurance and Legal Responsibilities in Fort Worth

What If My Employer Does Not Have Workers’ Compensation Insurance in Fort Worth?

If your employer is a nonsubscriber (does not carry workers’ compensation insurance), you may pursue a personal injury lawsuit. Nonsubscriber cases are unique to Texas and may allow injured employees to recover damages beyond what workers’ compensation typically provides.

Damages in these cases may include:

• Medical expenses
• Lost wages and future earnings
• Pain and suffering

A nonsubscriber lawsuit requires proving employer negligence, making legal representation crucial. The Law Offices of Aaron Allison can help you build a strong case against negligent employers.

Filing a Claim and Timing in Fort Worth Workers’ Compensation

How Long Do I Have to File a Workers’ Compensation Claim in Fort Worth?

In Texas, you must file your workers’ compensation claim within one year of the injury or diagnosis of a work-related illness. Additionally, you must notify your employer within 30 days of the injury.

Failure to meet these deadlines may result in the denial of your claim. Exceptions may apply in rare cases, such as fraud or incapacitation, but these are difficult to prove without legal assistance. Acting promptly after your injury is critical to preserving your right to benefits.

Reasons Why a Workers’ Compensation Claim May Be Denied for Injured Workers

Workers’ compensation claims in Fort Worth can be denied for several reasons, often involving eligibility, documentation, or the circumstances of the injury. Common reasons include:

1. Failure to Notify Employer on Time: Texas law requires injuries to be reported within 30 days. Missing this deadline may result in denial.
2. Injury Not Work-Related: Claims may be denied if the injury occurred during non-work-related activities, such as personal breaks or commuting.
3. Inadequate Documentation: Missing or incomplete medical records, accident details, or witness statements can lead to rejection.
4. Pre-Existing Conditions: Insurers may argue the injury was caused by a prior condition unrelated to the workplace.
5. Reckless Behavior: Misconduct, such as violating safety protocols or being under the influence, may disqualify a claim.
6. Employment Status Disputes: Independent contractors or misclassified employees may be deemed ineligible.
7. Missed Filing Deadlines: Claims must be filed with the DWC within one year of the injury to be valid.
8. Third-Party Liability: Injuries caused by third parties often require personal injury lawsuits instead of workers’ compensation claims.
9. Disputed Severity: Insurers may reject claims for minor injuries they deem insufficient for benefits.

If you have filed for workers’ compensation and your claim has been denied, you have the right to appeal the decision. In fact, over two-thirds of workers’ compensation claim appeals are successful, so it is important to consult with a workers’ compensation attorney and be persistent, even if your claim was denied the first time. The appeals process is long and complex but is usually successful and results in payment for your damages.

Independent Contractors in Fort Worth

Can Independent Contractors Receive Workers’ Comp Benefits in Fort Worth?

Independent contractors are generally not covered by workers’ compensation in Fort Worth. Texas workers’ comp laws only protect employees, not independent contractors, freelancers, or gig workers.

Still, exceptions exist:

• If an employer improperly classifies an employee as an independent contractor, the employee might still be eligible for benefits.
• Contractors injured due to employer negligence may pursue a personal injury lawsuit instead.

Consulting with a workers’ compensation lawyer can clarify your status and help you explore your legal options.

Aron Allison, Attorney

For 50 years, my father, served as a trial lawyer to get just compensation for the people of Austin. At age 14, I began to take up the mantle to continue my father’s practice as a second generation trial lawyer serving Austin’s community. The strength of his legacy continues through its commitments to a communal presence, honoring that each case is as unique as the individual pursuing compensation.

How Can Aaron Allison Help?

Texas workers who have been injured or contracted an illness at work are entitled to protection and compensation. Whether traditional workers’ compensation covers you, another type of insurance, or work for a non-subscriber, the Law Offices of Aaron Allison are qualified to help you understand your case and fight for your rights. Our law firm works on a contingency basis and offers free consultations, so you don’t pay anything unless we recover for you.

Since 1978, Aaron Allison’s family-run law firm has been helping injured workers in Fort Worth recover compensation after workplace and construction accidents, allowing them to focus on healing and supporting their families. Contact our Fort Worth workers’ compensation law firm today if you or a loved one have been injured at work.

Client Reviews

What our clients are saying about us

Benjamin P

If you’re in an accident or have an issue with a workers comp issue Aaron Allison is the guy to call. He is the attorney who will get you everything you need plus will give you the right advise on what to do and how to do it. Mr. Allison will take time out of his day, which can be hours, talking to you and giving you valuable advise on your legal issues. He always calls you back and always remembers details of what you have discussed in the past. One of my favorite things about him is he is not your typical B.S. attorney you’re used to dealing with. He always talks to you in a honest and straight forward way and he always clarifies if you don’t understand. Very easy guy to talk to, who will fight tooth and nail for you and will always have your best interest at heart.

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