Houston Work Injury Lawyer
If you suffer a work-related illness or injury, call AK Law Firm to discuss your right to workers’ compensation benefits. Our Houston work injury attorneys will help ensure you receive the full benefits promised injured workers under Texas workers’ compensation law. Do not allow yourself to be pressured into returning to work too soon or into not filing a claim by your employer.
AK Law Firm offers you the following:
- A skilled legal team who will work quickly to start your claim
- Help to locate specific medical care, therapy, or vocational counseling
- Free consultation to discuss your workers’ compensation claim
- No upfront legal fees
- The expertise and knowledge needed to win your case
Let us help you get the medical and financial benefits that you deserve. The purpose of Texas workers’ compensation laws is to protect workers by providing them with medical care and economic benefits due to workplace injuries. AK Law Firm will fight aggressively to procure these benefits for you, so contact us today.
Navigate This Page
- How a Work Injury Attorney Can Help Your Workplace Injury Claim
- What Are Your Options If You Are Injured at Work?
- Workers’ Compensation Benefits in Texas
- Why Was Your Texas Workers’ Compensation Claim Denied?
- Suing Your Employer for a Work Injury
- What Types of Damages Can You Recover in a Lawsuit?
- Contact Our Houston Work Injury Attorney Today
How a Work Injury Attorney Can Help Your Workplace Injury Claim
In Texas, an injured worker has one year to file a workers’ compensation claim. Worker’s compensation hearings are often time-consuming and involve large amounts of paperwork. An experienced Houston workers’ compensation attorney, like ours at AK Law Firm, is beneficial in filing, presenting, and getting your claim through the process.
Your employer’s workers’ compensation insurance company will have a lawyer on hand at all times. Without a work injury lawyer, you start the process at a disadvantage. At AK Law Firm, our dedicated Houston workers’ compensation lawyers will help you by:
- Fighting for your workers’ comp benefits, even if your employer denies them
- Helping you appeal any adverse workers’ compensation decision
- Protecting you from employer retaliation
- If needed, assisting loved ones in an application for death benefits
Our work injury attorneys know the workers’ compensation system and will file all necessary documents on your behalf. We will also:
- Represent you at your hearings
- Investigate the circumstances of your workplace injury
- Gather evidence to support your claim at your hearing
Call AK Law Firm today to learn for yourself how our compassion and client-focused practice set us apart from other injury law firms in Houston, TX. Our injury lawyers in Houston will provide you with a personalized legal strategy to maximize your recoverable damages or workers’ comp benefits.
What Are Your Options If You Are Injured at Work?
After suffering an injury in the workplace, you have two pathways to compensation available to you. You can file a workers’ compensation claim or you can file a personal injury lawsuit against the party responsible for your accident.
Filing a Workers’ Compensation Claim
Workers’ compensation is a type of insurance that provides compensation for work-related injuries, regardless of fault or potential negligence. Filing a workers’ comp claim allows you to collect medical benefits for your workplace injuries, income replacement, and vocational rehabilitation if you cannot return to work. To receive these benefits, you will need to provide notice of your injury within 30 days of the accident and file your claim with the Texas Division of Workers’ Compensation within one year.
Filing a Personal Injury Lawsuit
A personal injury lawsuit, on the other hand, is a complaint filed in Texas civil court that alleges someone else’s negligence is responsible for your injuries. You can collect funds for more types of damages in a lawsuit than a workers’ comp claim, including medical bills, lost wages, punitive damages, and psychological trauma. However, you will need to prove that the defendant’s negligent actions are directly responsible for workplace injuries to receive a settlement.
You may file a lawsuit against your company if you believe the entity’s actions caused your injuries. You can also file a claim against a responsible third-party, such as a subcontractor, the manufacturer of a defective machine, or a motorist. Filing a workers’ compensation claim waives your right to file a lawsuit against your employer, but you can still file a claim against a negligent third party. Speak to an attorney at AK Law Firm to determine which process is right for your case.
Workers’ Compensation Benefits in Texas
There are four types of workers’ compensation benefits in Texas. These are all income benefits to replace money because of a work-related injury or illness except for impairment income benefits and include:
Temporary Income Benefits (TIBs)
Temporary income benefits are available for workers absent from a job for more than seven days due to a work-related injury. Those days do not have to be in the same week or consecutive. Temporary benefits amount to 70 or 75% of what the worker’s average weekly wage before the injury.
Impairment Income Benefits (IIBs)
Workers who sustain permanent bodily damage due to workplace injury may receive IIBs. This benefit equals 70% of the worker’s average weekly wage before the injury, do not depend on the ability to work, and could continue even after the injured worker returns to the job.
Supplemental Income Benefits (SIBs)
SIBs are for injured workers with permanent damage who are not back to work or are earning less than before the injury. Recipients must apply for Supplemental Income Benefits every three months. Supplemental income benefits are equal to 80% of the difference between 80% of the employee’s average weekly wage before the injury and what the injured employee gets paid weekly after the injury.
Lifetime Income Benefits (LIBs)
Workers sustaining certain serious injuries, such as blindness, brain injuries, or the loss of two limbs, may claim LIBs. These benefits equal 75% of the worker’s average weekly wage before the injury plus a 3% cost-of-living increase every year. This benefit has no time limit.
Additionally, there are the following benefits to cover final expenses or wrongful death:
- Medical benefits pay for reasonable and necessary medical care to treat work-related injury or illness.
- Burial benefits pay up to $10,000 of an employee’s funeral expenses to the person who paid those expenses.
- Death benefits help families replace 75% of lost income when an employee dies because of a work-related injury or illness. Spouses of first responders can get death benefits for life even if they remarry (for marriages on or after September 1, 2017).
Why Was Your Texas Workers’ Compensation Claim Denied?
Having workers’ compensation coverage does not guarantee that your claim will be successful. You will need to prove to the Division of Workers’ Compensation that you suffered an injury at work while performing your work-related duties, which the Division may scrutinize. In fact, many injured Texas residents file claims for their work-related injuries only to receive a rejection.
There are many reasons why the Division may deny a claim, including the following.
- You did not file your claim or notice on time.
- The Division believes you may be responsible for your work accident.
- Your injury did not occur at work.
- You did not visit a medical provider approved by your employer.
- You never received medical treatment.
- There is insufficient evidence to prove your claim.
If your initial claim is unsuccessful, you still have options to collect compensation after a work injury. You can file an appeal with the Division, or you can progress to a lawsuit. The action you take will depend on the circumstances surrounding your workplace injuries and the potential defendants involved. Speak with a workers’ compensation attorney in Houston, Texas before proceeding with your claim.
Suing Your Employer for a Work Injury
Generally, a worker cannot sue their employer for a work-related injury. Texas state workers’ compensation acts as a sort of trade-off to suing an employer. Employers must pay for most employee injuries regardless of fault, and in return, they are immune from most personal injury lawsuits.
However, there are exceptions where injured workers can sue their employers. These situations are:
- The employer intentionally harmed the worker
- The employer was grossly negligent
- The employer denied the workers’ compensation claim in bad faith
- The employer manufactured the product that injured the worker
- The worker’s injury resulted from an accident involving a contractor or subcontractor with whom the employer has a business relationship
- The worker is an independent contractor
An injured worker may pursue a third-party personal injury claim against a contractor, subcontractor, property owner, or any other person or company that was at fault for their workplace accident. None of these parties are immune from a lawsuit.
It is best to speak with a Houston work injury lawyer to learn more about employer exceptions and third-party personal injury lawsuits and their applicability to any work injury claim.
What Types of Damages Can You Recover in a Lawsuit?
In a personal injury lawsuit, you can collect compensation for any losses related to your injury, even if the work accident happened in the workplace. These damages can be economic or non-economic; economic damages refer to tangible financial harm, while non-economic damages involve the physical pain and emotional trauma you endured.
Common types of damages in Texas personal injury lawsuits include the following.
- Doctor’s visits and hospitalizations
- Prescription medications
- Disability accommodations and long-term care
- All future medical expenses
- Physical therapy sessions
- Lost wages and loss of future earnings
- Property damage
- Emotional distress
- Post-traumatic stress disorder
- Depression and anxiety
- Chronic pain
- Loss of enjoyment of life
- Funeral and burial expenses, if filing a wrongful death claim
Contact Our Houston Work Injury Attorney Today
If you need an attorney for a workers’ compensation case in Houston, call AK Law Firm to schedule a free consultation. It is essential to file a workers’ compensation claim right away and discuss whether there are any other potentially liable parties for your work injury.
If you are not receiving enough benefits from the compensation package provided by your employer, contact a Houston work injury lawyer for an evaluation. We have years of injury law experience to help you recover the maximum compensation you deserve. You may deserve a much larger compensation claim than currently offered by the workers’ compensation insurance company.
“Thank you, Mr. Kumar. I don’t know of a better hard-working attorney than Mr. Kumar. I truly appreciate your kindness and hard work.” – Gina Garcia Frias