Personal injury Library
Topic: Workers’ Comp
Here you'll find a collection of articles containing in-depth insights and quick answers to common questions about Workers’ Comp.
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What Are My Rights if I’m Injured in a Texas Work Accident?
If you're injured in a work accident in Texas, meaning you are hurt on the clock and during the performance of your normal and expected duties, you have certain rights designed to protect you and ensure you receive appropriate compensation and support. So what are those rights? Answer: If your employer opts into the Texas...
Read MoreWill Having Surgery Increase My Texas Workers’ Comp Settlement?
How does surgery increase my workers’ comp settlement? While it is important to remember that each case is unique, generally, if your injury requires surgical repair, you can expect an increase in the value of your workers’ comp settlement. Any surgical procedure is a significant undertaking with both risks and benefits. You should never rush...
Read MoreWhat Should You Avoid Saying to a Workers’ Comp Doctor in Texas?
You’ve probably been told to always be open, honest, and truthful with your doctors. This advice remains true even when dealing with a work-related injury. But it is also true that there are certain things you should avoid saying to a workers’ comp doctor. Remember that the worker’s comp doctor differs from your regular or...
Read MoreWhat Is the Difference Between a Workers’ Comp and a Non-Subscriber Claim?
Differences Between Workers' Comp Cases and Non-Subscriber Cases If you've been injured while working on the job, the financial recovery you might receive for your injuries is determined by two different sets of laws. The applicable set of laws is determined by the type of insurance your employer elects to purchase, that is to say,...
Read MoreCan I Get a Settlement in a Texas Workers’ Compensation Case?
If you are dealing with a workers' compensation claim in Texas it's important to understand that there are no settlements in a Texas workers' comp case. At least a few times a week, our office is contacted by a potential client who wants to know how much they can settle their workers' compensation case for. They...
Read MoreHow Long Do I Have to File for Workers’ Compensation in Texas?
Time Limit For Filing a Texas Workers' Compensation Claim If you're injured on the job and your employer subscribes to workers' compensation, to get benefits you're entitled to, you need to file a claim. We describe this process in detail on this page: how to file a workers' comp claim. However, that's not the end...
Read MoreHow Do Impairment Ratings Work in a Texas Workers’ Compensation Case?
How Impairment Ratings work in a Texas workers' compensation case. Once a worker reaches Maximum Medical Improvement (MMI - Read about MMI here) in their workers' comp case, they are issued an Impairment Rating. The Impairment Rating is a rating of deficiency given to an injured worker, stating to what degree their injuries will affect...
Read MoreCan I Be Fired if I Have an Open Worker’s Comp Claim in Texas?
In the state of Texas, firing an injured worker for filing a worker's compensation claim is illegal. Many clients who come to us for help after they have been injured while working are afraid to file a claim against their employer for fear of losing their job. What many people don't realize is that Texas...
Read MoreHow Do Impairment Income Benefits Work in a Texas Workers’ Compensation Case?
How Texas Workers' Compensation Impairment Income Benefits Work In the Texas Worker's Compensation scheme, Impairment Income Benefits are one of four types of benefits given to injured Texans. The other benefits include Temporary Income Benefits, Supplemental Income Benefits, and Lifetime Income Benefits. You can read more about the different types in our Income Benefits Overview...
Read MoreHow does the 7 Day Grace Period work under Texas workers’ compensation law?
If your employer has workers' comp, they don't have to pay you for the first 7 days of your injury. Here's how it works: Many people know that if their employer subscribes to workers' compensation, that they will be able to receive some sort of benefits if they are injured in a workplace accident. However,...
Read MoreWhat Defenses Are Employers Allowed to Use in a Texas Worker’s Comp Case?
Workers' compensation cases, just like any other type of case, are often defended by the accused. That is to say, when a worker is injured and they seek compensation from their employer (and the employer's insurance carrier), the law allows the employer to defend themselves against the injured worker's accusations. In this article, we will...
Read MoreWho Can Receive Workers’ Compensation Death Benefits?
Which family members can receive Texas Workers' Compensation Death Benefits? When a worker is killed on the job, it creates tremendous hardship for their family. Brothers, sisters, parents, children, a spouse, cousins, neighbors, friends, and many other people suffer. However, only certain family members are eligible to receive Death Benefits from the employer's workers' compensation...
Read MoreCan Texas Employees Opt out of Workers’ Compensation Benefits?
Under Texas Law, Employees Can Opt Out of Workers' Comp Coverage If you've ever been injured on the job before, you know how difficult it is to maneuver through the Texas workers' compensation system. It's a complex system with a lot forms to fill out, departments to report to, and appointments with doctors who get...
Read MoreHow Do Texas Workers’ Compensation Death Benefits Work?
When a worker is killed on the job, their loved ones lose not only a companion, but also, someone that contributed income to the household. Statistically speaking, men are far more likely to die on the job than women. Further, the types of workers who most commonly die on the job are the head of...
Read MoreHow Do Temporary Income Benefits Work in Texas Workers’ Comp Claims?
How Texas workers' compensation Temporary Income Benefits work: When an employee is injured and their employer subscribes to Texas worker's compensation insurance, the employee will generally be able to collect compensation in the form of benefits for their injuries. One type of benefit injured workers are able to receive is called Temporary Income Benefits. This...
Read MoreDo I Have to See an Approved Doctor under Texas Workers’ Comp Law?
Under Texas workers' comp, you have to see an approved doctor. An unpopular rule in Texas workers' comp law is that injured employees must see an "approved doctor." If you have been injured while working, your workers' compensation coverage pays for your medical care. But the insurance carrier representing your employer will sometimes attempt to...
Read MoreHow Does the Injury Caused by Recreational Activity Defense Work in a Workers’ Comp Case?
Texas Workers' Comp Defense: Recreational Activity Defense When Texas established its workers' comp system, it was based on the idea that injured workers traded their right to sue their employer for injury-related negligence, in exchange for a set of guaranteed, no-fault benefits. These benefits are workers' compensation benefits, issued by their employer's insurance carrier, if...
Read MoreWhat Is the Contributing Injury Defense in a Texas Workers’ Comp Claim?
Texas Workers' Compensation Defense: Contributing Injury Under Texas law, there are 8 defenses that employers can use to deny injured workers their workers' comp benefits. While workers' comp is a system that is theoretically supposed to cover a worker's injuries irrespective of fault, the following defenses highlight exceptions to this general rule: Act of GodEmployee...
Read MoreWhat Is the Not in the Course and Scope of Employment Workers’ Comp Defense?
Texas Workers' Compensation Defense: Employee Was Not Within Course and Scope of Employment Despite Texas workers' comp being a supposed no fault system, meaning that employees don't have to prove negligence to collect benefits, a number of defenses built into the workers' comp system allow employers and insurers to dispute many otherwise deserving claims. Perhaps...
Read MoreDoes Workers’ Comp Still Provide Benefits if an Employee Was On Drugs or Alcohol?
Texas Workers' Compensation Defense: Employee Was Injured While Intoxicated The Texas Workers' Compensation system was created to allow employees, who work for businesses that subscribe to workers' compensation coverage, to receive automatic benefits that act as compensation for people who are injured while working. Before workers' compensation came into existence, work injury cases were treated...
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