Workers' Compensation Lawyers

Get Your Expenses Covered After a Workplace Injury

The no-fault system of workers' compensation allows employees to seek financial compensation after a workplace injury in Texas. If you were injured or made ill while on the job and are now facing a financial burden from expensive medical bills and lost wages from time off work, it is time for you to fight for the compensation you deserve. Speak to the experienced workers' compensation attorney from Daspit Law Firm and get help protecting your entitlements!

Workers' compensation insurance covers all of the following:

• Medical care stemming from the injury or illness
• Replacement wages for lost income
• Costs associated with new work training
• Compensation for permanent injuries
• Benefits for surviving family members of deceased workers

Types of Injuries Covered by Workers' Compensation

Generally, any type of work-related injury may qualify for workers' compensation insurance. Workers should be able to demonstrate that the injury resulted from a workplace hazard or work-related incident. One of the many reasons individuals turn to a legal professional for help is to accurately identify the nature of their injury and gather evidence of the incident.

Some of the most common injury claims are made for the following:

• Injuries sustained while on a work break
• Injuries caused by a company facility, machinery, etc.
• Diseases contracted by exposure to toxins in the workplace
• Injuries suffered while attending a work-sponsored activity
• Preexisting conditions worsened by the workplace environment
• Injuries brought on by mental/physical strain of increased workload/stress

Tragically, some work-related injuries may be fatal to the worker. If you have lost a loved one to lethal injuries suffered in the workplace, you may still be able to file a claim for benefits.

We understand that these are difficult times for a family, but we also understand that it is vital for the family's future to be looked after. Our team is prepared to help you file for the benefits owed to you in a workers' compensation claim, or help you pursue action in a wrongful death claim.

5 Tips to Help You Through Your Workers' Compensation Claim

If you have been injured at work, you have the right to seek workers' compensation benefits for medical treatment, medication, lost wages and possibly more. The vast majority of employees in Texas are covered by workers' compensation, an insurance program that covers all occupational injuries and diseases. Texas employers must obtain workers' compensation insurance or must be large enough to self-insure for work injuries and illnesses.

Though virtually all work-related injuries are covered on a no-fault basis, meaning the worker does not need to prove that someone else was to blame to collect compensation, injured workers sometimes find it difficult to seek the benefits they deserve. The following tips can help you through the often complex process of filing a workers' compensation claim and seeking fair benefits.

• Report your injury or illness to your employer as soon as possible. You must report your injury within 30 days of its occurrence or your knowledge that it is work-related, or you may lose your right to benefits. Inform your employer in writing and keep a copy for your records.
• Send in a completed workers' compensation claim form (DWC Form-041) to the DWC within one year of the date of your injury. Be sure to fill this form out as truthfully and completely as possible. Keep a copy for your records.
• When you seek medical treatment, be sure to inform your doctor of your injury and the fact that it is work-related. Being clear about the source and nature of your injury is crucial as your doctor will be the source of medical information relating to your claim. Tell your doctor how the injury occurred and tell him or her about any pain or other symptoms you are experiencing. The information your doctor provides could directly impact your ability to receive benefits and their amount.
• Do not lie about your injuries or try to fraudulently obtain workers' comp benefits. Workers' compensation fraud is a criminal offense that may result in jail time and fines, and you may lose your right to benefits even if your claim was partially true or valid. Be truthful about your injuries and do not invent symptoms or otherwise try to "trick" the system. This can only have detrimental consequences, and you may be monitored (including Facebook posts or other social media sites) for evidence of the true extent of your injury.
• Consider seeking legal counsel if you run into any problems with your claim. You have the right to hire an attorney to handle your workers' compensation claim. Legal representation is not a requirement, and may be unnecessary in a claim involving only minor injuries, but if you have run into any delays or if there is a dispute regarding the validity of your claim, having an attorney to protect your interests may be the best way to seek the benefits you need. An attorney can explain your legal rights and options in the face of employer retaliation (such as wrongful termination or demotion) or other wrongdoing in relation to your claim or injury.

Representing injured workers throughout the country, we at The Daspit Law Firm are committed to providing only the highest quality legal counsel. We handle workers' compensation claims, hearings and appeals to help our clients recover the benefits to which they are entitled under the Texas workers' comp system. Call today for a free case evaluation and find out how one of our skilled lawyers can help you.

Texas Workers' Compensation FAQ

If you are an employee who has been injured at the workplace, you may be entitled to workers’ compensation benefits. In Texas, not all employers are required to offer workers’ compensation but can offer an alternative form of coverage for work-related injuries and illnesses if they become certified by TDI to self-insure. Workers’ compensation is a program regulated by the state of Texas – employees covered by workers’ compensation insurance receive benefits through their employer’s insurance.

What the first thing I should do if I’ve been injured on the job?

Don’t risk losing your benefits – tell your employer about your injury within 30 days. If you wait longer than this, then you may not be covered by workers’ compensation insurance. If your workers’ comp claim involves an illness rather than an injury, tell your employer within 30 days you discovered you had the illness.

In addition to informing your employer, you must also fill out and send in DWC Form-041 “Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease.”

Does worker's compensation also cover illnesses?

In addition to work-related injuries, workers' compensation considers other harm that could be suffered on the job—such as an illness or occupational disease. An illness or disease that developed from long-term exposure to harmful toxins or chemicals at the workplace, for example, would qualify you for workers’ compensation. If you are suffering from lung disease, a heart condition, or even a stress-related digestive issue, you can seek workers' comp benefits for your illness.

My employer fired me after my work injury. What can I do?

An on-the-job injury alone is not a lawful ground for terminating someone’s employment. If you were fired because you filed a workers’ compensation claim, you can file a discrimination or wrongful termination claim. You may also be able to file this type of claim if your employer has altered your job duties or begun to treat you differently after your work injury/illness.

Do I have to go to a particular doctor for a work-related injury?

Provided that your employer provides workers’ compensation insurance and is part of a certified work comp healthcare network, then yes, you will have to choose your doctor in your employer’s network. If you see another doctor regularly, check with them first to see if they treat patients receiving workers’ compensation. You can also ask your employer for a list of approved doctors.

Will my medical bills be covered by workers' compensation?

Yes. One of the primary intentions of workers' compensation is to pay for the expenses accrued from medical bills, such as hospital fees and doctor visits. Essentially, any medical-related fee that can be tied back to the diagnosis and treatment of your work-related injury should be covered by workers' comp benefits. In addition, your benefits should cover the cost of disability payments while you are out of work for recovery, as well as any rehabilitation that might be needed.

Does workers’ compensation cover lost wages?

If you have to take time off of work to recover from your on-the-job injury or illness, then workers’ compensation benefits may include Temporary Income Benefits (TIB). This does not apply in all situations. To learn if you are eligible, contact The Daspit Law Firm directly.

Are all work-related injuries eligible for workers' compensation?

Generally speaking, workers' compensation benefits can be applied to most cases of on-the-job injuries; however, there are exceptions. Assuming that your injury was sustained in a work-related accident, workers' compensation can be applied. This is also true of injuries that are sustained through the careless actions of another employee or your employer.

However, workers' compensation coverage can be denied in situations such as the following:

• Injury suffered while an employee is committing a crime on the job
• Injury suffered while an employee is violating company policy
• Injury suffered from self-infliction
• Injury suffered while an employee was not technically on the job

Workers’ comp keeps denying my claim. Is there anything I can do?

Your employer’s workers’ compensation insurance provider must give a reason for denying your claim. If you have received a claim denial or multiple claim denials and you do not agree with their reasoning, you can file an appeal with the Texas Division of Workers’ Compensation. An attorney at Daspit Law Firm can help you file this appeal to get the coverage you deserve.

If you Think You Have a Claim, Take Immediate Action!

If you have suffered a work-related injury, prepare to do the following:

• Report the injury to your employer.
  Notify your employer in writing and keep a copy for your own records.
• Complete a claims form.
  Otherwise, your employer is under no obligation to provide compensation benefits.
• File your claim as soon as possible.
  The earlier you file your claim, the earlier you may begin to receive benefits.

Trouble can arise at any step in the process of filing a claim and receiving compensation benefits. Our personal attorneys have helped many clients prepare for these obstacles and obtain their compensation with reduced hassle.

The Texas statute of limitations only allows injured workers to file a claim within a period of one year after discovery of the injury—even if you are not certain that you have a case, contact Daspit Law Firm. Trust a legal team that has successfully recovered millions in damages for clients.

Protect the future of you and your loved ones. Schedule a free case evaluation with us today!