Pearland Workers’ Compensation Lawyer
Getting injured on the job is always a stressful experience. In addition to worrying about getting proper medical treatment, an injured worker also needs to think about what will happen if they miss an extended amount of time from work. How will they replace that lost income?
Fortunately, most Texas workers are covered by workers’ compensation. Employers must purchase insurance to provide wage replacement and medical benefits to any worker injured on the job without regard to fault. But many workers still need to jump through legal hoops to obtain these benefits. An experienced Pearland workers’ compensation lawyer can help. Attorney Keith B. French has helped many workers deal with an employer–and their insurance company–who are refusing to pay a workers’ compensation claim.
What Does Texas Workers’ Comp Benefits Cover?
As we said, workers’ compensation is a “no fault” system. This means that you do not need to prove your employer’s negligence caused your work-related injury. Nor can your employer or its insurer deny workers’ comp benefits because your own negligence may have contributed to the injury.
The precise workers’ comp benefits available will depend on the nature of the injury, but in general the system provides for the following:
- Medical Benefits – Workers’ comp must cover all reasonable health care provided by your treating physician. In Texas, you have the right to choose your own treating physician. Your employer or its insurance company may “recommend” its own doctor, but you are not required to use them.
- Wage Replacement – Workers’ compensation provides you with income benefits based on a percentage of your average weekly wages prior to the accident. These benefits are subject to certain time limits.
- Vocational Rehabilitation – If your injury prevents you from returning to your prior job, workers’ comp will provide retraining to help you find alternative employment.
- Death Benefits – If a worker is killed on the job, their family is entitled to a death benefit equal to 75 percent of the deceased employee’s average weekly wage and up to $10,000 for burial expenses.
Workers’ compensation normally restricts an employee’s ability to sue their employer directly. But if your employer does not carry workers’ compensation insurance, then you may be able to file a personal injury lawsuit if you can show the employer’s negligence caused your injury. Even if you are covered by workers’ comp, you may also have a separate cause of action against third parties that contributed to your injuries.
Contact Keith B. French Law Today
You normally have just 30 days to notify your employer of a work-related injury or illness occurring, and up to 1 year to file a formal workers’ compensation claim. These deadlines can pass more quickly than you realize, however, so it is in your best interest to speak with a Pearland workers’ compensation lawyer as soon as possible. If you have been injured on the job and need legal advice, contact Keith B. French Law, PLLC, today to schedule a free initial consultation.