Are you struggling with a work-related injury or illness in Fort Worth, TX? Workers’ compensation laws in the State of Texas are particularly complicated. While you may be entitled to workers’ comp, you may also have rights under personal injury laws. An experienced Fort Worth workers’ compensation lawyer at Anderson Injury Lawyers can help you fight to recover compensation for medical bills, lost wages, and more, call us at (817) 294-1900.
We have a proven track record of success that you can count on. Our founding attorney has over 30 years of experience. Most importantly, we’ve helped our injured clients recover more than $100,000,000 over the years.
Your financial security is too important to leave to chance. Contact our law offices in Fort Worth, Texas, today to schedule a free consultation.
How Anderson Injury Lawyers Can Help With a Workers’ Compensation Claim in Fort Worth
Workers’ compensation in Texas is a no-fault system. Workers should be able to recover benefits regardless of fault. In reality, they often face an uphill battle and are forced to endure lengthy insurance negotiations. In other cases, they may work for an employer who doesn’t carry workers’ comp insurance.
Our personal injury attorneys in Fort Worth are here to help with every aspect of your case. At Anderson Injury Lawyers, our founding attorney is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Over the years, we’ve earned an AV-Preeminent rating from Martindale Hubbell and a “10-Superb” rating from the Avvo lawyer rating service.
We can increase your chances of recovering full compensation by:
- Investigating your accident and injury
- Evaluating your rights under the workers’ compensation system
- Assessing the value of your workers’ compensation claim
- Determining whether you have a right to sue in civil court
- Hiring experts and specialists to support your case
- Negotiating with the insurance companies
You may have many important decisions to make after an injury. Our Fort Worth personal injury attorneys can help you through the entire process. All you have to do is call to get started.
How Common Are Workplace Accidents in Fort Worth?
According to data collected by the Bureau of Labor Statistics (BLS), private employers in the United States reported over 2.7 million non-fatal workplace injuries and illnesses during 2020. Unfortunately, 4,764 employees died in fatal workplace accidents.
In Texas, 469 workers were killed on the job in 2020. In all, 176,800 non-fatal workplace injuries and illnesses were reported to the Division of Workers’ Compensation that year. About 39% of those injuries and illnesses were classified as severe.
Overview of Workers’ Compensation Laws in Texas
Workers’ compensation insurance provides benefits for employees who are injured or contract illnesses on the job. Most states require all employers to carry workers’ compensation insurance. Employees who are injured on the job are entitled to benefits regardless of how they were injured. In exchange, employees are prohibited from suing their employers for damages.
Texas allows employers to opt out of the workers’ compensation system. Those employers are called non-subscribers.
Non-subscribing employers still have responsibilities when it comes to compensating injured employees. However, they aren’t protected from lawsuits by state workers’ compensation laws.
What Is My Fort Worth Workers’ Compensation Case Worth?
The value of your workers’ compensation claim depends on a variety of factors, including:
- Whether your employer carried workers’ comp insurance or opted out
- Your average weekly wages prior to the work injury or disability
- The cost of your medical treatment
- The nature of your injuries and the duration of your recovery
- The identity of the party responsible for your injuries
Workers’ compensation benefits in Texas are limited. They cover about 70% of the difference between your average weekly wages prior to the accident and what you’re able to earn after the accident. However, your weekly workers’ compensation benefit is limited to $1,058 per week in 2022, regardless of your prior earnings. Impairment benefits are capped at $741 per week.
Additional factors are relevant in personal injury claims. Courts and insurance companies will also consider your emotional trauma, physical pain, and other personal losses.
What Types of Damages Are Available to Workplace Accident Victims?
Under personal injury laws, damages are classified as either economic damages or non-economic damages. Workers’ compensation is designed to help with financial costs, or economic damages, while an injured employee recovers.
If your employer is a non-subscriber and you’re eligible to file a personal injury lawsuit, you can also seek compensation for your non-economic losses.
Damages Available Under Texas Workers’ Compensation Laws
Under Texas workers’ compensation laws, the following types of benefits are available:
- Reasonable and necessary medical expenses
- Temporary income benefits (TIBs)
- Impairment income benefits (IIBs)
- Supplemental income benefits (SIBs)
- Lifetime income benefits (LIBs)
- Death benefits, which provide some income to survivors of fatal work accident victims
- Burial costs and funeral expenses
Even if you are entitled to workers’ comp benefits, it’s not always easy to know whether you’re getting the full amount you deserve. Our Fort Worth workers’ compensation attorneys offer a free case review so you can learn more about how our team can help. Just call our law firm to schedule yours today.
Compensation Available Under Texas Personal Injury Laws
You may be entitled to file a personal injury lawsuit against a non-subscribing employer or a negligent third party.
In personal injury cases, you may be entitled to compensation for:
- Medical expenses, both for past and future care
- 100% of your lost wages, income, and employment benefits
- Diminished future earning potential
- Rehabilitation and specialized care
- Property damage
- Attorney’s fees and court costs
- Pain and suffering
- Mental anguish, including anxiety or depression
- Loss of enjoyment of life
- Disfigurement and scarring
- Loss of consortium
In cases involving intentional misconduct or gross negligence, you may also be entitled to punitive damages.
Our Fort Worth Workers’ Compensation Lawyers Will Fight To Recover Compensation for All of Your Injuries
The workplace can be a dangerous place, regardless of the nature of your employment.
Our lawyers at Anderson Injury Lawyers often represent clients who have sustained:
- Broken bones
- Hearing loss
- Eye injuries
- Repetitive stress injuries
- Back injuries
- Spinal cord injuries
- Traumatic brain injuries
- Nerve damage
- Soft tissue damage
- Head and neck injuries
- Crushing injuries
- Wrongful death
Workplace injuries can also be catastrophic or permanent. If you suffered a catastrophic injury or lost a loved one, contact our lawyers to seek how we can help today.
Our Lawyers Handle All Types of Workers’ Compensation Claims in Fort Worth, Texas
At Anderson Injury Lawyers, we handle all types of workers’ comp claims, including those involving:
- Construction site accidents
- Slip and fall accidents
- Trucking accidents
- Motor vehicle accidents
- Scaffolding accidents
- Electrocution or electric shock
- Roof and ladder falls
- Defective work equipment
- Fires and explosions
- Building collapses
- Trenching accidents
- Accidents involving forklifts, cranes, and heavy machinery
- Accidents where a worker is struck by an object
- Kitchen and restaurant accidents
- Exposure to toxic chemicals
- Repetitive stress injuries
Understanding your legal rights is key to recovering fair benefits and compensation under Texas law.
Do I Have To Prove Negligence To Recover Workers’ Compensation Benefits in Texas?
Injured workers are not required to prove negligence to receive workers’ compensation benefits if their employer is a subscribing employer. However, workers’ comp benefits are limited. You may be entitled to more compensation if you can file a lawsuit for damages.
If your non-subscribing employer’s negligence caused your injuries, you must prove it to recover damages. Similarly, if a negligent third party caused your accident, you must prove negligence.
To prove negligence, you must establish:
- The at-fault party owed you a duty of care
- A breach of duty occurred
- The breach caused your injuries or illness
- You suffered damages
Under Texas law, non-subscribing employers lose many defenses that they might otherwise raise in negligence cases. Your employer can’t escape liability by claiming you understood and assumed the risk of danger. They also can’t use Texas modified comparative negligence laws to claim you caused your own injuries.
How Long Do I Have To File a Lawsuit After a Work-Related Accident in Texas?
The Texas statute of limitations gives injured parties two years from the date of the accident to file a personal injury lawsuit against a non-subscribing employer or negligent third party.
To protect your right to workers’ comp benefits, you must notify your employer within 30 days after an accident or within 30 days after discovering a work-related illness.
You’re also required to take formal action to continue receiving workers’ compensation benefits. You must send a copy of your “Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease” letter to the Division of Workers’ Compensation (DWC) within one year of the accident.
Contact a Fort Worth Workers’ Compensation Lawyer for a Free Consultation
As you can see, Texas workers’ compensation laws are complicated. Regardless of whether your employer carries workers’ compensation insurance, our team at Anderson Injury Lawyers can help. To learn more about your options, call for a free consultation with an experienced Fort Worth workers’ compensation lawyer today.
Our Fort Worth, TX personal injury law firm also provides:
- Car Accident Attorney in Fort Worth
- Motorcycle Accident Attorneys in Fort Worth
- Truck Accident Lawyers in Fort Worth
- Daycare Injury Attorneys in Fort Worth
- Bicycle Accident Lawyers in Fort Worth
- Brain Injury Lawyers in Fort Worth
- Pedestrian Accident Attorneys in Fort Worth
- Premises Liability Attorneys in Fort Worth
- Slip and Fall Accident Lawyers in Fort Worth
- Uber & Lyft Accident Attorneys in Fort Worth
- Workplace Accident Lawyers in Fort Worth
- Wrongful Death Attorneys in Fort Worth
- Dog Bite Lawyers in Fort Worth
- Catastrophic Injury Attorneys in Fort Worth