Have you suffered an injury while working in Dallas, Texas? If your employer carries workers’ compensation insurance, you may qualify to receive benefits for your medical treatment and loss of income. The experienced Dallas workers’ compensation lawyers at Anderson Injury Lawyers are ready to help you navigate the claims process and work to secure a full financial award, call us at (214) 327-8000.
Since 2007, our top-rated legal team has been a leader in personal injury litigation in Dallas and across the State of Texas. We’ve helped our clients achieve life-changing results in workers’ compensation and personal injury matters, totaling more than $100 Million in benefits, settlements, and verdicts.
Your employer’s insurance company will want you to settle for less. We’ll work hard to get you every cent you deserve. Contact or call us to arrange a time for your free consultation to learn more now.
How Anderson Injury Lawyers Can Help if You Need To Recover Workers’ Compensation Benefits in Dallas, TX
Did your employer opt into Texas’ workers’ compensation system? Are they a non-subscriber? Why does the difference matter if you’ve been hurt on the job? What steps do you need to take to recover the compensation you need and deserve?
You’re dealing with a painful physical injury and trying to recover from the trauma of your workplace accident. This isn’t the time for you to navigate these and other important issues. The good news is that you’re not alone.
Our personal injury attorney in Dallas is ready to tackle your case, determine all potential avenues for legal action, and work to secure a meaningful financial award on your behalf.
You take the time you need to recover and get back to work while our law firm:
- Investigates your on-the-job accident
- Determines if your employer is a workers’ compensation subscriber or nonsubscriber
- Gathers evidence to support your claim for benefits
- Provides notice of your intent to file a claim to your employer, their insurance carrier, and other parties
- Helps you obtain necessary medical treatment and impairment rating
- Handles negotiations with the workers’ compensation insurance company
- Appeals your claim and represents you at hearings, if necessary
Our law firm is here to help you get through this difficult time. We know that a workplace injury can cause sudden loss of income and put you in a tough financial situation. That’s why our workers’ compensation attorneys in Dallas work on a contingency fee basis. There’s no upfront cost, and you pay nothing unless we win your workers’ compensation case.
Call to arrange a time for a free, no-obligation case evaluation to get started today.
What Is Workers’ Compensation?
Workers’ compensation is a no-fault insurance system that allows injured workers to recover compensation without having to file a lawsuit against their employer. In fact, under the system, employees waive the right to sue their employers in exchange for an accelerated path to compensation.
Unlike other states, not all employers are required to opt into the workers’ compensation system. Employers can choose to carry workers’ comp, go with cheaper private insurance, or be completely uninsured.
You only waive the right to sue your employer if they carry workers’ compensation. If they’re non-subscribers, you can file a lawsuit if you get hurt on the job – in addition to seeking any private insurance benefits they may have.
How Do I Know If My Employer Has Workers’ Compensation Insurance?
If your employer opted into the workers’ compensation system in Texas, they’re legally required to post information about the policy in an open and obvious area of the workplace. Often, you’ll find details posted in break rooms and other common areas.
You can also ask your employer or contact the Texas Department of Insurance – Workers’ Compensation.
Do I Qualify To Receive Workers’ Compensation Benefits?
If your employer is a subscriber, you’ll qualify for benefits if you’ve suffered a work-related injury or have been diagnosed with an occupational illness or disease.
What exactly is a “work-related” injury? Your injury must have been sustained “in the course and scope of employment.” More specifically, you must have been “furthering or carrying on the employer’s business.”
As long as you were on the clock and performing tasks related to your job’s responsibilities, then you’ve likely suffered a “work-related” injury. So, you don’t necessarily have to be at work when you get hurt to qualify for workers’ compensation. For instance, you could qualify if you were in a car accident or truck accident while running errands for your boss or delivering goods to a construction site.
What Does Workers’ Compensation Cover?
Workers’ compensation benefits are mainly paid to compensate injured laborers for two things: medical treatment and a loss of income.
Specific benefits available under Texas workers’ compensation insurance policies include:
- Medical benefits: Your employer must cover the necessary and reasonable costs of medical treatment.
- Temporary Income Benefits (TIBs): Temporary income benefits are available if you’re forced to miss more than 7 days of work. Benefits equal 70 percent of your average weekly wage and what you’re capable of earning now (or 75 percent if you earn less than $10 an hour).
- Impairment Income Benefits (IIBs): Impairment income benefits are available if your injury causes a permanent impairment that affects your ability to work. Benefits are paid after TIBs are exhausted and are calculated using your impairment rating and paid for a set period of time.
- Supplemental Income Benefits (SIBs): Once IIBs are exhausted, you may qualify for Supplemental Income Benefits. These are paid if your impairment rating exceeds 15 percent, you can’t return to work or are learning less than 80 percent of your average weekly wage, are actively looking for work, and didn’t get a lump sum payment.
- Lifetime Income Benefits (LIBs): Lifetime income benefits are paid when you suffer an amputation, severe burns, paralysis, or another debilitating catastrophic injury. Benefits equal 75 percent of your average weekly wage, subject to a three percent increase annually.
- Death Benefits: Families can recover death benefits to compensate for the costs of a worker’s burial and lost wages if a workplace accident is fatal.
In Texas, workers must seek medical treatment from providers who are pre-approved by their employer’s workers’ compensation insurance carrier. This means you can’t just seek care from your primary care physician or choose your treatment plan if you want the bills covered by workers’ comp.
Additionally, Texas has limits on the average weekly wage that can be used to calculate income benefits. For injuries sustained between October 1, 2021, and September 30, 2022, the average weekly wage is capped at $1058.38.
When Can I File a Lawsuit After a Workplace Accident in Texas?
You can file a lawsuit after a workplace accident if:
- Your employer is a workers’ compensation non-subscriber
- Your employer’s intentional conduct causes you to get hurt (even if they carry workers’ comp), or
- A third party contributed to your work-related injury or illness.
It can be important to exhaust all options for financial recovery after you suffer an injury while working in Dallas. Workers’ compensation only covers the cost of medical care and makes up for some lost wages.
If you can also file a personal injury lawsuit, you open the door for a more expansive award. In a lawsuit, you can seek additional economic damages for lost wages and medical care, as well as non-economic damages for things like pain and suffering, disfigurement, and reduced quality of life.
Is There a Time Limit For Filing a Workers’ Compensation Claim in Texas?
Yes. By law, you must file your injury report within 30 days of getting hurt on the job in Dallas, TX. Once your impairment rating is documented by a physician, you’ll have 90 days to appeal. You will have a maximum of one year to formally file a claim for workers’ compensation benefits with your employer’s insurance company. The clock generally begins to run the date of your workplace accident. However, if your injury or illness isn’t evident right away, then time starts when it’s diagnosed.
If you file a personal injury lawsuit, Texas law gives you two years from the date of your accident or discovery of your injury to take action.
Do not let the deadline for your workers’ compensation case come and go without taking action. Once it passes, you’ll give up the right to file a claim and demand the compensation you deserve.
Arrange a Free Case Evaluation With an Experienced Dallas Workers’ Compensation Lawyer
If you’ve been injured while working in Dallas, Texas, you may have the right to recover compensation from your employer’s workers’ compensation insurance policy. Anderson Injury Lawyers is here to help you secure all of the benefits to which you’re entitled under Texas state law.
Our Dallas workers’ compensation lawyers have extensive experience handling tough cases like yours. We’ve spent years standing up to insurance companies, employers, and well-funded defendants. Our results speak for themselves – we’ve helped our clients win over $100 Million in compensation.
Contact our law office in Dallas, TX, to learn more about how we can help you, too. We offer a free consultation and are standing by to take your call today.
Our Dallas, TX personal injury law firm also provides:
- Car Accident Lawyers in Dallas
- Motorcycle Accident Attorneys in Dallas
- Truck Accident Lawyers in Dallas
- Daycare Injury Attorneys in Dallas
- Bicycle Accident Lawyers in Dallas
- Brain Injury Lawyers in Dallas
- Child Injury Attorneys in Dallas
- Pedestrian Accident Attorneys in Dallas
- Premises Liability Attorneys in Dallas
- Slip and Fall Accident Lawyers in Dallas
- Uber & Lyft Accident Attorneys in Dallas
- Workplace Accident Lawyers in Dallas
- Wrongful Death Attorneys in Dallas
- Product Liability Attorneys in Dallas
- Construction Accident Lawyers in Dallas