Beaumont Work Injury Lawyers

Guiding Injured Workers Through the Process of Recovering Compensation

In 2021, there were over 178,000 reports of nonfatal workplace injuries and illnesses among Texas workers. The state’s manufacturing, construction, and transportation industries have the highest percentage of occupational injuries and illnesses, yet not every employer in the Lone Star State is required to carry workers compensation insurance for their employees. The attorneys at The Alfred Firm explain the compensation options available to injured workers in Texas and go over why hiring an attorney may be the right decision for your case. If you have questions about your particular case, call the Beaumont personal injury lawyers at The Alfred Firm at 713-489-1875.

What Are My Options to Receive Compensation After a Work Injury in Texas?

Texas workers who are injured on the job or develop an occupational disease may be entitled to receive compensation for their medical bills and lost wages. The steps to recovering compensation vary depending on whether their employer offers workers’ compensation coverage or not.

Interestingly enough, Texas is the only state in the nation where workers’ compensation coverage is not mandated by law. That means employers may choose to be non-subscribers and opt out of workers’ compensation coverage. Therefore, the first step an injured worker should take is to find out whether their employer is a subscriber or not. If coverage is available, an injured worker may follow the required steps to file a workers’ compensation claim, which is essentially an insurance claim. If no coverage is available, the injured worker may file a lawsuit for personal injury against their employer and pursue compensation for their workplace accident through a civil court.

How Much Does Workers’ Compensation Pay in Texas?

For those employees filing a civil lawsuit against their employer to recover compensation for work injuries, their final settlement award may be a combination of their economic damages (such as medical bills, lost wages, and loss of future earning ability) and non-economic damages (such as pain, suffering, and emotional distress).

In contrast, employees who are covered by workers’ compensation insurance can expect to receive coverage for medical treatment and a portion of their regular weekly wages for the weeks when they have been unable to return to work. Workers can expect to receive 70% of the difference between their average weekly wages before and after the injury. In other words, if a worker earned $600 dollars before they got injured and now they are unable to work, their current average weekly wages would be $0, so they would likely earn $420 or 70% of $600. Each year, the maximum and minimum amount of wage benefits you can receive are determined by state law.

Temporary income benefits last for a maximum of 104 weeks and can end sooner if you are able to return to work or if you reach a stage of maximum medical improvement. It is worth mentioning that those receiving workers’ compensation benefits may not receive payment for non-economic damages such as pain and suffering, as those damages may only be available in a personal injury civil lawsuit.

What Are Impairment Income Benefits, and Who Is Eligible for Them?

Once you have reached the stage of maximum medical improvement (which is the point when your condition is not expected to improve, regardless of whether you receive any further medical treatment), the workers’ compensation doctor will evaluate you to see if you have any degree of impairment resulting from your injury. The percentage of impairment you receive will determine whether you are eligible for impairment income benefits (referred to as partial permanent disability benefits in other states) and for how long.

You may receive three weeks of payment for each impairment percentage point, and payments are 70% of your weekly average wages before the injury. If you are still unable to work after your impairment income benefits run out, you may check your eligibility for supplemental income benefits, which provide injured workers with up to 401 weeks of income benefits. Workers with specific types of severe impairments, such as blindness, paralysis, or loss of use of both feet or both hands, may qualify for lifetime income benefits.

When Should I Hire a Personal Injury Attorney for My Case?

If you were injured or became ill as a result of your work activities, it may be in your best interest to hire a work injury lawyer to represent you. If your employer offers workers’ compensation coverage, an attorney can assist you with the process of filing a claim and ensuring that the insurance company is offering you the right amount of benefits. It is not uncommon for the workers’ compensation insurance carrier to try to deny your claim or calculate your average weekly wages incorrectly in order to offer you much less compensation than what you deserve. Your attorney can ensure that your benefits are correct and that you are being treated fairly by the insurance company.

If you need to file a personal injury lawsuit against your employer because your employer does not offer workers’ compensation coverage, the knowledge and skills of an attorney become indispensable. While a workers’ compensation claim does not require anyone to prove who may or may not have been at fault for the injury, a personal injury lawsuit requires the plaintiff (the injured worker) to prove that their employer was negligent and that their negligence was the ultimate cause of their injuries and damages. A skilled work injury attorney can assist you with the process of collecting evidence to build a strong case on your behalf and help you secure maximum compensation for your case.

The Alfred Firm represents injured workers in Beaumont and surrounding areas. We are here to help you navigate your work injury claim and protect your rights. Contact us at 713-489-1875 to discuss your case and learn more about how our firm can help you.