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A workplace accident or injury can have serious consequences for an entire family. Medical and therapeutic costs can add up, while lost or reduced wages make bills harder to pay, adding to the stress and difficulty of recovery.
Workers’ compensation insurance protects most victims of workplace injuries in Houston, but Texas workers’ compensation regulations are complex. Here is some important information about Houston workers’ compensation that everyone should know.
Let us simplify the process and fight for your rights.
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:
Taking immediate action and thorough documentation will protect your rights and improve your chances of receiving benefits.
Filing a workers’ compensation claim in Houston 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:
The claims process can be straightforward, but disputes about eligibility or documentation often arise.
All workers are entitled to a safe work environment, regardless of their immigration status. In Houston, 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 Houston workers’ compensation attorney fights to help injured workers recover everything they are entitled to.
Worker’s Compensation & Personal Injury Lawyers in Austin, Texas
In Austin, Texas, finding a workers’ compensation attorney you can trust is essential after a workplace injury. At Aaron Allison Law Firm, trust isn’t just a word—it’s the foundation of every client relationship.
You have the right to appeal a denied workers’ compensation claim in Houston. 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:
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 in Houston can improve your chances of success.
No, it is illegal for an employer to retaliate against you for filing a workers’ compensation claim in Houston. 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:
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.
In most cases, the choice of doctor for workers’ compensation injuries is limited to an employer-approved network. Employers in Houston often use healthcare networks authorized by the Texas Department of Insurance (TDI) to provide treatment.
Notwithstanding the above:
Consulting a workers’ compensation attorney can help you navigate disputes over medical care, ensuring that your recovery is not delayed due to administrative hurdles.
Workers’ compensation in Houston 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:
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 Houston can provide clarity and improve your chances of receiving benefits.
Workers’ compensation benefits in Houston may include medical care, lost wages, and disability benefits. Specifically:
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.
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:
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.
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.
Workers’ compensation claims in Houston can be denied for several reasons, often involving eligibility, documentation, or the circumstances of the injury. Common reasons include:
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 are generally not covered by workers’ compensation in Houston. Texas workers’ comp laws only protect employees, not independent contractors, freelancers, or gig workers.
Still, exceptions exist:
Consulting with a workers’ compensation lawyer can clarify your status and help you explore your legal options.
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.
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 victims of construction accidents, car accidents, and personal injuries recover their damages so they can focus on getting well and caring for their families rather than paying the bills. Contact our Houston workers’ compensation law firm today if you or a loved one have been injured at work.
Client Reviews
If your 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 your 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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When you schedule your free consultation with a personal injury and accident lawyer in Austin, Texas, it’s important to come prepared with any questions you may have. Here are some common questions clients often ask us:
To begin the process of filing a personal injury lawsuit, you should schedule a consultation with an experienced personal injury attorney in Austin. During the initial meeting, you will present the details of your claim to your attorney, including how your injury occurred, and the circumstances under which it occurred. If you agree to hire that attorney, then he or she will file a personal injury claim on your behalf, and the process will go from there.
It can take months, or, in some cases, years to settle a personal injury claim. The duration of the case will depend entirely upon the facts and circumstances of the claim. Some cases will take at least a year from the time the complaint is filed to settle, while others could take about six months. Talk to our Austin personal injury attorneys to get an idea of how long your personal injury claim could potentially take to settle.
In the state of Texas, a personal injury claim must be filed no later than two years after the date of the accident. However, certain circumstances can affect the statute of limitations for your injury claim. Consult with a Texas personal injury attorney to receive the most accurate information.
You should discuss this question with a personal injury attorney during an initial consultation. However, generally speaking, your attorney will start at a number which is higher than what you actually want. This number will include your medical expenses, lost wages, future lost wages, pain and suffering and other damages. By starting high, the insurance company may offer a lower amount, allowing you to meet in the middle at an amount closer to what you actually wanted.
Most personal injury lawyers operate on a contingency fee basis, meaning the lawyer’s fees for representing you will be deducted from your final settlement. You should always ask a personal injury lawyer what his or her fee will be during an initial consultation.
I needed an attorney, I had a fall at work and they basically denied my workman’s comp. My wife, she knew that we needed an attorney, and she really just jumped on it, pretty much. The long and short of it is we decided to go forward with it. In my experience with Aaron, he was everything that his reviews said and he did exactly what he said he was going to do. He kept in touch with me he kept my wife in the loop constantly. He fought to the very end successfully. For that...
My wife set everything up, she found Aaron, because I was in the hospital. It’s such a sea of B.S., you really have to talk to a bunch of lawyers to figure out which one is actually worth it. You have to be wary of who you are talking to when looking for an attorney. But not Aaron. Me and Aaron, we hit it off right from the get go. You can tell he’s a real person.
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 thi...
God forbid you ever find yourself hurt at work or play, hire him! I can’t say enough great things about Aaron and his team. They are reliable and attentive while at the same time fight hard to ensure a desirable outcome. It is awful to have to get an attorney, but Aaron made the process so much easier and less stressful!
Aaron, I appreciate all of the hard work. I know that you will not rest and you will not stop going after the people who hurt me. I am blessed and thankful for you and your staff. Thank you for stepping in and helping me get through this very difficult and life changing event. You always take time for me, you explain things to me, you never make me feel like I’m bothering you. I have never needed an attorney before and do not know or understand how things work. You are a g...
Worker’s comp was like year we’re denying that, we’re not responsible. I thought, that’s why I’m going to get a Worker’s Comp Attorney. I got a sit down consultation and then I was able to talk to it over. He said, if this is something you’re willing to do, I can definitely help. He explained everything real down to earth. This is what I was looking for, someone that could really help.
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.
Admissions: admitted to practice law by the Texas Supreme Court, the Federal Court for the Western District of Texas, 5th Circuit Court of Appeals, and to the Supreme Court of the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Aaron Allison, who has vast legal experience as a workers compensation attorney.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 512-474-8346
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