Dallas Workers Compensation Attorney: What They Do

November 15, 2024

When workplace accidents occur, injured workers are left facing medical bills, lost income, and the often-confusing Texas workers compensation system. The process can be overwhelming without legal guidance, and that’s where a Dallas workers compensation attorney steps in. A skilled attorney helps injured workers navigate this system to secure essential income benefits, medical benefits, and even lifetime income benefits for those with severe injuries. Here, we’ll break down the role of a workers compensation lawyer and why having one on your side can make a difference in helping you recover workers compensation benefits.

Understanding Workers Compensation

Definition and Purpose

Workers’ compensation is a state-mandated insurance program designed to provide financial support to employees who are injured or become ill as a result of their job. The system is intended to cover medical expenses, lost wages, and rehabilitation costs, helping injured workers receive necessary care without the need to prove employer negligence. In Texas, workers’ compensation operates as a no-fault insurance program, meaning employees only need to demonstrate that their injury or illness is work-related to qualify for benefits.

Administered by the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC), the system regulates the workers’ compensation insurance industry, resolves disputes between injured workers and insurance carriers, and provides guidance to both employees and employers. While the program ensures that injured workers receive financial support, it also offers protection to employers, limiting their liability by preventing most workplace injury lawsuits when the employer participates in the workers’ compensation system. However, if an employer is a non-subscriber (i.e., they do not provide workers’ compensation insurance), injured employees may pursue a lawsuit against the employer directly.

How Do I Know If My Employer Has Workers’ Compensation Insurance?

In Texas, it’s essential to know if your employer has workers compensation insurance to understand your options in case of a work-related injury. Texas law doesn’t mandate workers compensation coverage for all employers, meaning some companies don’t carry workers comp. Here’s how to find out if your employer has coverage:

Ask Directly: Speak with your employer or HR department to confirm if they participate in the workers compensation program.
Check with the Texas Department of Insurance (TDI): TDI offers resources to verify employers’ workers comp coverage status.
Confirm with the Employer’s Insurance Company: If your employer has coverage, you can contact their insurance carrier to confirm.

Knowing if your employer has workers compensation coverage will guide your next steps. For non-subscriber employers (those who opt out of the system), Dallas workers compensation lawyers can help you pursue compensation directly through a personal injury claim.

Why You Need a Dallas Workers Compensation Lawyer

Filing a workers compensation claim can be a complex process, especially when your claim is disputed by your employer or their insurance carrier. Here’s why hiring a workers compensation lawyer in Dallas can be invaluable:

Experience with Texas Workers Compensation System: An attorney familiar with the Texas workers compensation system understands its specific requirements, deadlines, and processes.
Managing Disputes: If your claim is denied or disputed, a lawyer can appeal and fight for the benefits you deserve.
Ensuring Fair Compensation: A lawyer works to maximize your income benefits for lost wages, ensuring your recovery isn’t hampered by financial strain.
Handling Medical Benefits: A Dallas workers compensation lawyer will advocate to cover the full range of medical treatment and ongoing care needs.

When injured workers have a lawyer, they increase their chances of securing fair compensation, including temporary income benefits and even lifetime income benefits in cases of severe, long-term injuries. A lawyer can help you recover compensation through both workers’ compensation and third-party claims, ensuring you receive the financial benefits you are entitled to.

What Does Workers’ Compensation Cover?

The workers compensation system in Texas offers different types of benefits to assist injured employees in their recovery. These benefits help cover various costs, from medical bills to income loss. Here’s what’s typically included:

Medical Benefits: Covering all necessary medical treatments, such as surgeries, medications, physical therapy, and other essential care.
Temporary Income Benefits: For workers who are unable to work temporarily, these benefits provide a portion of their average weekly wage until they can return to work.
Impairment Income Benefits: Provided for workers who suffer from permanent physical impairments.
Supplemental Income Benefits: For employees who still experience income loss after impairment benefits end, supplemental benefits offer continued financial support.
Lifetime Income Benefits: Available in cases of severe injuries, such as paralysis or brain injuries, which limit the injured worker’s long-term ability to earn an income.

Hiring a Dallas workers compensation attorney can ensure that you receive the correct benefits, protecting your right to a stable recovery.

When Can You File a Lawsuit After a Workplace Injury in Texas?

The Texas workers compensation system usually restricts injured workers from suing their employers if they carry workers compensation insurance. However, there are exceptions:

Third-Party Claims: If a third party, such as a contractor or manufacturer, is responsible for your injury, you may file a lawsuit against them.
Non-Subscriber Employers: In Texas, some employers do not carry workers comp, making them non-subscribers. In these cases, injured workers can sue the employer directly for compensation.
Intentional Harm: In rare cases where an employer’s intentional actions led to the injury, a lawsuit may be viable.

In any of these situations, a Dallas workers compensation lawyer can help you explore and pursue additional compensation options.

Is There a Time Limit for Filing a Workers’ Compensation Claim in Texas?

Texas law imposes strict time limits for filing a workers compensation claim. Missing these deadlines can jeopardize your right to benefits:

30-Day Reporting Deadline: Employees must report their injury to their employer within 30 days of the incident.
One-Year Filing Deadline: Injured workers must file their claim with the Texas Division of Workers’ Compensation within one year from the injury date.

Hiring a Dallas workers comp lawyer early in the process ensures that you meet these deadlines, protecting your eligibility for benefits.

The Workers’ Compensation Claim Process: What to Expect

The workers compensation claim process in Texas involves several steps, from initial reporting to approval and benefits distribution. Here’s a quick overview:

Report the Injury to Your Employer: This begins the claims process.
File with the Division of Workers’ Compensation: Submit necessary documentation to start your claim.
Approval and Benefits: Once approved, you will start receiving benefits based on the injury and recovery period.
Disputes or Appeals: If denied, you can work with a lawyer to file an appeal.

A workers compensation lawyer in Dallas will help streamline this process and represent you during any disputes.

Key Steps in Filing a Workers’ Compensation Claim

Filing a claim involves a few critical steps:

Prompt Reporting: Report the injury as soon as possible.
Accurate Documentation: Make sure your records are complete and accurate.
Meet Deadlines: Filing on time protects your eligibility.
Legal Assistance: Consulting a lawyer can help you avoid common pitfalls.

Third-Party Injury Claims: When You Can Seek Additional Compensation

In some cases, injured workers may be able to recover additional compensation through third-party claims. If a third party, like a contractor or product manufacturer, is partially responsible, a claim may be filed directly against them. This allows injured workers to recover non-economic damages, such as pain and suffering, in addition to their standard workers comp benefits.

What Are Non-Subscriber Injuries?

If your employer is a non-subscriber, you may be able to sue directly for your injuries. Texas non-subscribers do not have certain defences available to them, such as contributory negligence, which can increase the amount an employee may recover. Non-subscriber cases also allow workers to pursue non-economic damages like emotional distress and pain and suffering.

Common Mistakes to Avoid When Filing a Workers’ Compensation Claim

Filing a workers compensation claim can be challenging, and avoiding common mistakes is essential:

Failing to Report Promptly: Report the injury to your employer immediately.
Ignoring Medical Treatment: Seek medical attention as soon as possible.
Missing Deadlines: Filing late can jeopardize benefits.
Not Consulting a Lawyer: An attorney can ensure the claim is filed correctly and increase your chances of success.

Avoiding these mistakes with the help of a Dallas workers compensation attorney can greatly improve your chances of securing the benefits you deserve.

Arrange a Free Case Evaluation With Experienced Dallas Workers’ Compensation Attorneys

If you’ve been injured on the job, contact a Dallas workplace injury attorney for a free consultation. At Hartley Law, we’ll help you understand your rights, ensure timely claim submission, and fight to recover the compensation you deserve.