Recovery When You’ve Been Injured On the Job
The Waco workers’ compensation lawyers at The Zimmerman Law Firm, are experts in representing injured workers throughout Texas.
Whether that means pursuing an on-the-job injury claim, obtaining Texas Workers’ Compensation, or filing third-party accident lawsuits.
If you or a loved one has been injured on the job, you need to know your rights. Texas law can be complicated, and we are here to explain how you can recover if you’re injured at work.
If you have questions, please contact a Waco workers’ compensation lawyer at The Zimmerman Law Firm today.
[ai_search_widget samples=”3″ show_citations=”true”]Three Different Ways to Recover in Texas
1. On-the-Job Injuries
Sometimes, even if your employer doesn’t have workers’ compensation coverage, you can still recover. Employers who don’t subscribe to Texas Workers’ Compensation can battle in court with injured workers.
While workers’ comp subscribers cannot be sued, employers who do not subscribe can be targeted in lawsuits.
2. Workers’ Compensation
Employers who subscribe to Texas Workers’ Compensation can compensate injured workers according to a set schedule.
This system is a compromise between the interests of employers who do not want to be sued and workers, who need a baseline of reassurance that they will be taken care of when they are injured.
But sometimes workers’ compensation lets you down and denies your benefits. When that happens, we are here for you.
3. Third-Party Liability Suits
A third-party lawsuit may be filed when an injury occurs on the worksite, but the negligence is by a third party, someone other than the employer.
For example: If you are a carpenter on a project, and an electrician working for another subcontractor runs over your foot, you can sue the electrical contractor.
You may even combine workers’ comp claims with a lawsuit—call us to learn about your rights.
How People Get Hurt on the Job in Texas
There are many ways workers get hurt on the job, including:
- Industrial accidents,
- Agricultural accidents,
- Commercial vehicle accidents,
- Loss of vision or hearing,
- Manual labor/landscaping injuries,
- Construction accidents,
- Manufacturing and Warehouse Injuries, and
- Oil field injuries.
In 2019, there were more than 187,000 nonfatal workplace injuries reported in Texas’s private sector. Of the reported injuries, almost 50,000 were serious enough to require an injured worker to take days off from work.
The general median amount of injury-related days away from work for Texans in 2019 was 10 days. Injured workers in natural resources and mining took a median of 19 days off of work.
This is significant because mining jobs in Waco recently grew by 6.3%. With growing employment in Waco comes the opportunities for more job-related injuries, and injured workers should receive compensation.
A Waco injury attorney can help injured workers receive maximum compensation for their injuries and wage loss.
How Workers’ Compensation Works in Texas
Texas workers’ compensation laws are unique. Some employers opt out as “non-subscribers,” which can affect your legal options, while covered claims go through an administrative system with strict deadlines, including a 30-day injury reporting requirement. Understanding these rules is essential to protecting your right to benefits.
- Texas Workers’ Compensation Laws Explained
- What Is a Non-Subscriber Employer in Texas?
- What to Do If Your Workers’ Compensation Claim Is Denied
- Understanding Impairment Ratings in Texas Workers’ Comp Cases
- How to File a Workers’ Compensation Claim in Texas
- How Much Does a Workers’ Compensation Lawyer Cost in Texas?
Hurt at work in Waco? You don’t have to figure this out alone.
A workplace injury can leave you in pain and worried about how you’ll pay your bills. If your workers’ compensation benefits are delayed, denied, or reduced, it can feel like the system isn’t working for you. You deserve clear answers about your rights and a path forward that protects your health and your income.
Talk to a Workers’ Comp LawyerCommon Workplace Injuries in Texas
Workplace injuries can happen in any industry, from construction sites and oilfields to warehouses and retail environments. Some of the most common work-related injuries include back injuries from heavy lifting, shoulder injuries, traumatic brain injuries (TBIs), construction-related accidents, oilfield injuries, and repetitive stress injuries caused by ongoing strain. Understanding the type of injury you’ve suffered can impact the benefits available to you and the overall value of your claim.
Related Workplace Injury Resources:
- Common Workplace Injuries in Texas
- Average Workers’ Comp Shoulder Injury Settlement
- Blue Collar Worker Injuries
Workers’ Compensation Recovery Available to Injured Workers
There are many stressors that often follow a workplace injury. You need treatment, you have medical limitations, you have diminished earning capacity, etc.
While it can take years for an injured worker to receive compensation in a personal injury case, some compensation is almost immediate in a workers’ comp claim.
If your injury causes more than a week of time away from work and your employer has workers’ compensation insurance, your employer must immediately pay you temporary income benefits.
Your temporary income rate is up to 75% of your average weekly wage.
You receive temporary benefits until you reach maximum medical improvement (MMI). MMI doesn’t mean you’re cured, but it means your physicians don’t believe your condition will improve with more care.
If you are not 100% cured after a workplace injury, you receive an impairment rating and the right to impairment income benefits.
Your employer must make impairment income benefit payments within five days or less of receiving an MMI certification. Your employer must pay these benefits for a period of weeks based on the level of your impairment rating.
Your impairment income rate is 70% of your average weekly wage.
If your impairment rating is 15% or more, causing you to earn less than 80% of your average weekly wage, you can receive monthly supplemental income benefits.
Your average weekly wage determines your supplemental income benefits, and you must make quarterly reports to the insurance carrier.
The options for recovery are diverse and complex.
An experienced workplace injuries lawyer in Waco like the professionals at The Zimmerman Law Firm, P.C., can help you assemble a strategy for recovery that aims for maximum recovery.
Contact a Waco Workers’ Compensation Lawyer for a 100% Free Consultation Today!
A work injury can have far-reaching effects on your life. Facing a workers’ compensation claim alone may result in you receiving only a fraction of what the law demands for you.
Injured on the job lawyers can maximize your recovery and your benefits.
Call the experienced workplace injuries lawyer at The Zimmerman Law Firm, P.C. at 254-752-9688 or 1-800-INJURIES, or email us your questions. We’ll get right back to you!
Where You Can Find Our Waco Office
Workers’ Compensation Frequently Asked Questions
How Can a Waco Workers Comp Attorney Help with My Income Benefits?
While some of your income benefits may be immediate, your employer may not pay you the full value of what the law requires.
A Waco workers’ compensation lawyer can hold your employer to account for the full value of your benefits.
For example, your average weekly wage is a critical calculation in your claim and should be evaluated thoroughly. Normally, your average weekly wage is the average amount of money you made in the 13 weeks before your injury.
If your work schedule was not consistent for the 13 weeks before the injury, the Workers’ Compensation Commissioner may use any means they deem fair to calculate your average weekly wage.
A workers’ compensation attorney can identify deficiencies in your average weekly wage calculation and petition to increase your income benefits.
I Don’t Like My Workers’ Compensation Doctor—Am I Stuck with Them?
You must choose your workers’ compensation doctor from a list of doctors the Workers’ Compensation Commissioner approves.
Normally, the doctor you initially choose stays with you throughout your entire workers’ compensation claim. Sometimes that long-standing relationship is good news, and sometimes it isn’t.
If you do not like your doctor, you can request a change of physician for reasons including the following:
- Your treatment by the current doctor is medically inappropriate;
- Your current doctor has a bad professional reputation;
- You are not receiving appropriate medical care to reach maximum medical improvement; or
- You have an impaired relationship with your doctor due to conflict.
Injury attorneys in Waco can thoroughly review your medical records and research your doctor to help you make necessary changes to your care.
My Doctor Says I Reached MMI but I Believe My Condition Can Still Improve with More Treatment—What Can I Do?
You know your body better than anyone, and sometimes a doctor doesn’t understand the severity of your work injury symptoms or your potential for improvement.
If you believe your doctor was incorrect about your date of MMI or your impairment rating, you can challenge them.
After receiving your doctor’s MMI certification, you have 91 days to dispute the MMI determination or impairment rating.
With a dispute, the Division selects a new doctor to evaluate your condition and submit their own opinion regarding MMI and your impairment rating.
If the Division overturns your MMI determination or increases your impairment rating because of the new doctor’s opinion, you can receive additional care and/or additional income benefits.
A Waco workers’ compensation lawyer can dispute your impairment rating and your MMI determination, and they can prepare you for your evaluation with the new doctor.
What If My Workers’ Compensation Claim Is Denied?
If your workers’ compensation claim is denied, you still have options. In Texas, injured workers can challenge a denial through the Division of Workers’ Compensation dispute resolution process. This may involve a Benefit Review Conference, a Contested Case Hearing, and potentially an appeal.
Insurance carriers often deny claims for reasons such as missed deadlines, disputes over whether the injury was work-related, or allegations of pre-existing conditions. A Waco workers’ compensation attorney can gather medical evidence, employment records, and witness statements to support your claim and represent you throughout the dispute process. Acting quickly is important because strict deadlines apply.
Can I Sue My Employer for a Workplace Injury in Texas?
In most cases, if your employer carries workers’ compensation insurance, you cannot sue them directly for negligence. Instead, your benefits are limited to the workers’ compensation system.
However, Texas is unique because some employers are “non-subscribers.” If your employer does not carry workers’ compensation coverage, you may be able to file a personal injury lawsuit against them. Additionally, you may have a third-party claim if someone other than your employer contributed to your injury. An experienced attorney can determine which legal path applies to your situation.
How Much Does a Workers’ Compensation Lawyer Cost in Texas?
Most workers’ compensation attorneys in Texas work on a contingency fee basis, meaning you pay no upfront fees. Attorney fees must be approved by the Division of Workers’ Compensation and are typically capped by regulation.
Because fees are tied to the benefits recovered, hiring an attorney does not increase your out-of-pocket costs. In many cases, legal representation helps injured workers secure higher income benefits, challenge improper impairment ratings, or overturn denied claims. A free consultation can help you understand your options.
Protect your benefits. Protect your future.
Texas workers’ compensation claims can become complicated fast—especially if your employer disputes the injury, your medical treatment is questioned, or your income benefits are cut off. Missing deadlines or paperwork can put your claim at risk. Having a Waco workers’ compensation lawyer on your side can help level the playing field.
- Review a denied or delayed workers’ comp claim
- Help you pursue medical and income benefits you may be entitled to
- Represent you in disputes or hearings if necessary
If you were injured on the job in Waco or the surrounding area, don’t wait to get guidance. Contact us today for a free consultation and find out what steps you can take right now to protect your claim.
Request a Free ConsultationAdditional Practice Areas Our Waco Texas Lawyers Handle
In addition to work injury cases, our experienced team of Waco personal injury lawyers also handles other personal injury cases in Waco. If you’ve been injured and need legal guidance, explore our other services:
- Car Accident Lawyers | Waco
- Head-On Collision Lawyers | Waco
- Rollover Accident Lawyers | Waco
- Rear-End Collision Lawyers | Waco
- T-Bone Car Accident Lawyers | Waco
- Truck Accident Lawyers | Waco
- Motorcycle Accident Lawyers | Waco
- Oilfield Accident & Injury Lawyers | Waco
- Slip and Fall Lawyers | Waco
- Child Injury Lawyers | Waco
- Wrongful Death Lawyers | Waco
- Dog Bite Lawyers | Waco
- Drunk Driving Accident Lawyers | Waco
- Construction Accident Lawyers | Waco
- Dangerous Product Lawyers | Waco