Houston Workplace Injury Lawyer
Were you injured in an accident on-the-job?
A majority of accidents at the workplace are preventable, and yet nearly 3 million nonfatal workplace injuries and illnesses are reported to the U.S. Department of Labor every year. Many of these on-the-job accidents are caused by the negligence or carelessness of an employer, supervisor, fellow employees or a third party such as a product manufacturer. If you were injured at the workplace, you may or may not be entitled to benefits through workers' compensation insurance, since the state of Texas does not require employers to opt into this program. Our Houston workplace injury attorneys can help you recover what you deserve after an on-the-job injury or occupational illness.
Workers' Compensation in Texas
In Texas, employers are not required to carry workers' compensation insurance. If an employee is injured on the job and their employer does not provide this coverage, the employer must still report the injury to the Texas Division of Workers' Compensation. Some non-coverage employers may provide other benefits for their injured employees. Employers who opt out of workers' comp also are required by law to advise their employees of this fact (Rule 110.101E4). Non-covered employees who experience on-the-job injuries and occupational diseases may be entitled to legal action, such as a lawsuit claiming compensation for all accident-related expenses.
If your employer does carry state-regulated workers' compensation insurance, then your on-the-job injury or illness expenses such as medical bills and lost wages can be compensated for through this program. If you are a covered employee and are injured at the workplace, you are required by law to report your injury to your employer within 30 days and send a filled-out DWC Form-041 to the Division of Workers' Compensation within one year of the date of injury. Even workers who are covered by workers' comp sometimes have trouble collecting the benefits they are entitled to. While an attorney is not required, we strongly suggest that you involve a Houston workplace injury attorney from our firm to fight for your rights if you are struggling with any one of the following:
- You are having trouble communicating with your insurance adjuster
- You need help filing the DWC Form-041
- You believe your employer is retaliating against you for filing a claim
- Your claim was denied and you want to appeal, and more.
For workers' compensation-specific cases, the Texas Division of Workers' Compensation requires that attorneys charge no more than $150 per hour plus additional expenses as well as a maximum of 25 percent of your recovered benefits for attorney fees. For more information on workers' comp attorney fees, visit the Texas Administrative Code Title 28, Part 2, Chapter 152.
Recovering Compensation with a Houston Personal Injury Attorney
The workers' compensation system in Texas can be confusing, and work injuries can become even more complex for injured workers not covered by this program. Stern Law Group's Houston personal injury lawyers are here to answer your questions and fight for your rights. Compensation could come in the form of:
- Lost wages
- Present and future medical expenses
- Occupational therapy/rehabilitation
- Loss of earning capacity
- Pain and suffering
- Death benefits (for families of fatally injured workers)
We understand that a work injury can cause an individual or family to suffer not only physically, but emotionally and financially as well. Do not hesitate to discuss your case with our law firm today. We provide free initial consultations for injured workers who may have a workers' comp or personal injury claim.