If you’ve been hurt while working in Austin, Texas, you may qualify for benefits through your employer to cover your lost wages and medical bills. Contact Anderson Injury Lawyers at (512) 399-5000 today to schedule a free consultation with our Austin workers’ compensation lawyers to learn more.
We’re award-winning Texas trial lawyers dedicated to advancing the best interests of Austin’s workforce when they get hurt on the job. As fierce and determined advocates for financial justice, we’ve helped clients recover over $100 million in benefits, settlements, and jury awards.
Call us today to learn how we can help you make the most of your workers’ compensation claim, too.
Why Choose Anderson Injury Lawyers for Help With Your Claim for Workers’ Compensation Benefits
Just because you can recover workers’ compensation benefits after an accident at work doesn’t mean it’s going to be easy. Your employer’s insurance company will fight your claim at every turn. Choosing Anderson Injury Lawyers to handle your workers’ compensation claim in Austin, TX, forces the insurance company to reconsider its approach.
Founding attorney Mark Anderson is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, while members of our team have been recognized as:
- Martindale-Hubbell AV Preeminent litigators
- Super Lawyers
- Texas Magazine Top Attorney
- Superb Avvo attorneys
- Members of the Multi-Million Dollar Advocates Forum
Our Austin personal injury attorneys understand the toll a work injury can have on your life, as well as the relief workers’ compensation benefits can offer as you get back on your feet. The insurance company won’t fight for your best interests, but you can count on us to.
Contact our office today to discuss your claim, get answers to your questions, and discover how our top-rated team can help you navigate this stressful time in your life during your free consultation.
Texas Workers’ Compensation Overview
Workers’ compensation is a no-fault insurance system that offers prompt economic relief to certain workers who suffer injuries or become ill on the job. Texas is the only state in the country that does not require private employers to carry workers’ compensation insurance.
However, many do because workers’ compensation insurance protects employers from litigation when employees get hurt at work. Instead of suing, the employee can qualify for monetary benefits to cover the costs of reasonable medical treatment and alleviate some of the stress caused by temporary (or, in some cases, permanent) lost wages.
Who Can Recover Workers’ Compensation Benefits?
Not everyone qualifies for workers’ compensation benefits. There are certain prerequisites that must be satisfied:
- You must work for an employer that carries workers’ compensation insurance
- You must be an employee, not a contractor. Full-time, part-time, seasonal, and other work arrangements can qualify.
- You suffer an injury in the course of your employment. You must have been performing tasks or responsibilities expected of you in your role with the company.
You can qualify even if you weren’t on your employer’s premises. This can be helpful when you work remotely, don’t have a centralized office, or spend a lot of time driving for your job. As long as your injuries are work-related and you satisfy the other requirements, you should be able to recover workers’ compensation benefits.
In exchange for benefits, you waive your right to file a lawsuit against your employer in most situations, and our Austin personal injury lawyers can help.
What Benefits Does Workers’ Compensation Pay?
Workers’ compensation insurance provides economic relief for medical care and lost income. The types(s) of benefits you can receive and how long they can be awarded depend on the extent of your injury and how long you’re unable to work or work at full capacity.
Medical Expenses
You don’t have to pay out of pocket for your medical care when you qualify for workers’ compensation benefits. Necessary and reasonable costs of medical treatment are covered expenses.
This can include:
- Emergency room treatment
- Diagnostic tests
- Lab work
- Hospitalization
- Surgery
- Medication
- Medical equipment
- Specialist consultations
- Chiropractic care
- Dental work
There can be a catch. If your employer provides care through a certified workers’ compensation health care network, you generally must choose a treating doctor from that network. Different rules apply if you are not covered by a network.
Temporary Income Benefits
If you can’t work for more than a week because of your work-related injury, you may qualify for Temporary Income Benefits (TIBs). TIBs generally equal 70 percent of the difference between your average weekly wage and the wages you earn after your injury. They’re paid until you achieve Maximum Medical Improvement (MMI) or for 104 weeks, whichever occurs first.
Supplemental Income Benefits
Once you achieve MMI and can return to the workforce, Supplemental Income Benefits (SIBs) can be available if your earning capacity is lower than it was. SIBs help to bridge the gap between what you earned before you got hurt and what you’re capable of earning now.
Impairment Income Benefits
If you suffer a physical impairment that affects your ability to work even once you’ve reached MMI, Impairment Income Benefits can be awarded to compensate for that impairment. IIBs are calculated by taking 70 percent of your average weekly wage and multiplying it by (your impairment rating x 3). You essentially get 3 weeks of IIBs for each percent of your impairment rating.
For example, if your impairment rating is 20 percent, you’d multiply 3 x 20 for a total of 60 weeks. You’d then multiply 70 percent of your average weekly wage by 60, and the sum would be your IIB. Those benefits can be awarded in a lump sum or in regular intervals.
Lifetime Income Benefits
If your work injury involves certain severe and permanent injuries recognized under Texas law, you may qualify for Lifetime Income Benefits (LIBs). Benefits total 75 percent of your average weekly wage, adjusted for inflation, paid for life.
All income benefits are subject to statutory caps. High-wage earners may not be able to recover the full value of their calculated benefits.
How Does Shared Fault Affect Workers’ Compensation Claims in Austin, TX?
Workers’ compensation is a no-fault system, so comparative negligence laws won’t affect your ability to recover benefits, nor will they reduce your financial recovery.
However, if you decide to pursue additional compensation through a related personal injury lawsuit against a product manufacturer, property owner, motorist, or co-worker, that claim will be affected by the state’s modified comparative negligence rule.
Damages in a lawsuit can be reduced proportionately to shared fault up to 50 percent. Once shared fault is greater than half, you lose the ability to recover compensation for your economic damages and non-economic damages from a liable third party.
What Does It Cost To Pursue a Workers’ Compensation Claim?
Nothing up front. Nothing out of your own pocket. Our workers’ compensation attorneys in Austin handle claims on a contingency fee basis, so attorney fees depend entirely on your claim’s outcome. We only get paid when you do.
There’s no risk in asking for our help, because if we don’t win your claim, you owe us nothing.
How Long Do I Have To Ask for Workers’ Compensation After a Work Injury in Texas?
You have 30 days from the date you suffered an injury in the workplace to notify your employer. You have one year from the date you got hurt to file a formal claim for workers’ compensation benefits with the Division of Workers’ Compensation (DWC).
You can’t miss these deadlines. Once they pass, you lose the right to recover benefits from your employer’s workers’ compensation policy, even if you would have otherwise qualified.
Schedule a Free Consultation With an Experienced Austin Workers’ Compensation Lawyer
Whether you got hurt in a construction accident, a slip and fall in your workplace, or were crushed by falling merchandise in a store in Austin, Texas, Anderson Injury Lawyers can help you explore your legal options for recovering compensation.
Workers’ compensation benefits can ease the financial stress you experience while you recover, making it easier for you to focus on getting better and back to life as you know it. If your injuries are extraordinary, our Austin workers’ compensation attorneys can help you pursue long-term income benefits and explore additional options for recovery.
We’ve helped clients recover over $100 million in financial awards. Now, we’re ready to help you stand up and fight for every cent you need after a serious workplace accident, too. Your first consultation is free, so call to discuss your workers’ compensation claim today.