Arlington Work Comp Attorneys

Arlington Workers' Compensation Lawyers

Our Arlington workers’ compensation lawyers specialize in helping individuals navigate the often complex world of workers’ compensation. Our team of dedicated Texas workers compensation lawyers understand the challenges faced by workers suffering from workplace injuries, and we’re committed to ensuring you receive the benefits to which you’re entitled.

We strive to protect your rights, provide experienced legal advice, and alleviate the stress associated with work comp claims. Our goal is to guide you through the process, delivering justice and peace of mind to injured workers in Texas.

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What is Workers' Compensation in Texas?

Workers’ compensation in Texas is a state-regulated insurance program that provides medical benefits and wage replacement to employees who suffer work-related injuries or illnesses. Work comp is a “no-fault” program is designed to protect both workers and employers, ensuring that employees receive necessary care and compensation without having to prove who caused the injury.

The program is also designed to provide coverage to workers from Day 1 on the job, while also shielding employers from potential lawsuits. The program’s premise is to provide workers with benefits without the need for a lawsuit. However, this also means that employees cannot sue their employers for injuries, as long as the employers have workers’ compensation insurance in place.

What are My Rights Under Workers’ Comp?

Under the Texas workers’ compensation system, as an injured employee, you are entitled to several rights. These include:

  • Right to Medical Care:  You have the right to receive necessary medical care to treat your workplace injury or illness.
  • Right to Benefits:  If you’re unable to work due to your injury or if you’re permanently impaired, you have the right to receive income benefits.
  • Right to Choose Doctor:  You have the right to choose your doctor from a list of approved work comp doctors provided by the Texas Department of Insurance, Workers’ Compensation Division.
  • Right to Representation:  You have the right to hire a Texas workers’ compensation lawyer to represent you in all proceedings related to your claim.
  • Right to Appeal:  If you’re not satisfied with a decision made in your case, you have a right to appeal.
  • Right to Refuse Certain Requests:  You have the right to refuse requests by your employer or your employer’s insurance company to provide a recorded statement or to sign medical authorizations allowing them to access your private medical history.

These rights are subject to certain responsibilities, such as notifying your employer of your injury within a certain time frame, and attending all required medical exams and hearings. An Arlington workers’ compensation lawyer can help you understand these rights and responsibilities, represent your interests, and fight for the benefits you deserve.

How Do I Protect My Rights After a Work Injury?

To protect your rights after a work injury, it’s crucial to follow the correct procedures and to be proactive in documenting your injury and treatment. Here are some steps you should take:

  • Report the Injury:  Notify your employer about the injury as soon as possible. Make sure to provide details about the incident, including where and when it happened and what led to the injury. This notification should be in writing and you should keep a copy for your records.
  • Seek Medical Treatment:  Obtain medical attention promptly. Remember, your health is the top priority. Your initial medical reports will also serve as crucial evidence in your workers’ compensation case.
  • Document Everything:  Keep detailed records of all your medical treatments, expenses, and any lost wages. Also, document any correspondence with your employer or the insurance company related to your injury or claim.
  • File a Claim:  File a workers’ compensation claim with your employer’s insurance company. This is typically done through your employer. Make sure you understand and meet all the deadlines.
  • Consult With a Lawyer:  Consider consulting with an Arlington workers’ compensation lawyer early in the process. They can guide you through the complexities of the system, advocate for your rights, help you avoid pitfalls that could jeopardize your claim, and ensure you receive the maximum benefits you are entitled to.

Remember, every situation is unique, and this information is a general guide. For advice tailored to your specific circumstances, it is recommended to consult with experienced Arlington workers’ compensation lawyers.

Workers’ Compensation Benefits in Texas

Workers’ compensation offers several benefits designed to help injured workers recover and return to work. These benefits can vary depending on the extent of the injury and the circumstances surrounding the incident.

Key types of benefits under the Texas workers’ compensation program include:

Medical Benefits

Covers all necessary medical treatments for a work-related injury or illness, both past and future. This can include doctor visits, medication, surgeries, and rehabilitation, with payments made directly to your provider.

You have the right to chose your doctor, provided they are not on the list of doctors not allowed to provide work comp. Further, you can find a work comp doctor on TXCOMP.

Income Benefits

Provides a percentage of the worker’s weekly wage if they are unable to work due to a work-related injury or illness. Income benefits are typically set 70% of the worker’s average weekly wage for the 13 weeks prior to the injury. There are maximum and minimum weekly benefits (i.e., $176 to $1,174 from 10/1/2023 to 9/30/2024) set by the state for these benefits. Income benefits are typically paid until the worker can return to work, or indefinitely if the worker is permanently impaired. Income benefits are divided into four categories:

Temporary Income Benefits (TIBs)

TIBs are benefits received by injured employees who are unable to work because of their injury or illness for more than 7 days. TIBs typically begin on the eighth day of disability. TIBs are be reduced if the worker is able to return to work but can only earn less than their pre-injury wage.

With workers’ compensation, disability refers to a situation where your work-related injury or illness has prevented you from earning your usual wages, not a physical handicap. This could mean you are unable to work at all, or you can only perform light-duty work or work fewer hours than you did before the injury. The goal of workers’ compensation benefits is to financially support you during this period of disability, ensuring you can meet your financial obligations while you recover.

TIBs end when one of the following occurs:

  • A health care provider establishes that Maximum Medical Improvement (MMI) has been reached, with no further healing or recovery expected.
  • When you can earn the same average weekly wage as before the injury.
  • 104 weeks after your eighth day of work-related disability.

Impairment Income Benefits (IIBs)

IIBs are benefits that compensate for the permanent impairment resulting from a work-related injury or illness. These are payable once the worker has reached Maximum Medical Improvement (MMI) and a doctor has assigned an impairment rating, which is a percentage that reflects the severity of the impairment. The worker receives three weeks of IIBs for each percentage point of impairment. For instance, if a worker has a 10% impairment rating, they would receive 30 weeks of IIBs (i.e., 10 impairment x 3 = 30 weeks).

Supplemental Income Benefits (SIBs)

SIBs are benefits given to workers who have an impairment rating of 15% or greater, are unable to gain employment, or can only procure work paying less than 80% of their pre-injury wages. These benefits are paid monthly after IIBs have ended, and are subject to meeting specific work search requirements. SIBs can continue for up to 401 weeks from the date of the injury, provided the worker meets the eligibility criteria each quarter and does not accept a lump sum payment for their injury.

Lifetime Income Benefits (LIBs)

LIBs are the highest level of income benefits available under the Texas workers’ compensation system. These benefits are designed for workers who have suffered the most severe and debilitating injuries, often resulting in permanent disability. LIB eligible injuries include:

  • Total and irreversible loss of sight in both eyes
  • Loss of both feet at or above the ankle
  • Loss of both hands at or above the wrist
  • Loss of one foot and one hand at or above the ankle and wrist, respectively
  • Spinal cord injury leading to paralysis of both legs, both arms, or one leg and one arm
  • A brain injury with enduring neurocognitive dysfunction that requires constant oversight for routine self-care tasks, and renders the person permanently incapable of maintaining employment
  • Third degree burn injuries over 40% or more of the body which require skin grafts
  • Third degree burns covering the majority of both hands, one hand and one foot, or one foot and the face
  • Serious bodily injury to a first responder

Eligible workers receive these benefits for the rest of their life, with payments adjusted upward by 3% annually to account for inflation. LIBs commence after the termination of IIBs or SIBs, ensuring a continuous flow of income for workers who need it most.

Death and Burial Benefits

In the unfortunate event of a work-related fatality, death benefits are provided to the legal beneficiaries of the deceased worker, typically the spouse, children, or other dependents. These benefits amount to 75% of the worker’s average weekly wage, distributed weekly, and can help mitigate the financial impact following the loss of a family’s primary earner.

Death benefits can be paid to the following parties:

  • Surviving spouse
  • Minor children (under 18), and children under 25 enrolled as a full-time student in an accredited university
  • Dependent grandchildren
  • Other dependent family members
  • Parents (only when there are no eligible dependent family members)

Click the following link for more information about the distribution and duration of death benefits to eligible beneficiaries.

Furthermore, Texas workers’ compensation also includes burial benefits of up to $10,000, which contribute to the costs of funeral and burial services for the person(s) that paid burial expenses.

How Long Can You Get Income Benefits?

The duration of income benefits under the Texas workers’ compensation system varies depending on the type of benefit.

  • Temporary Income Benefits (TIBs):  TIBs can continue for up to 104 weeks after the eighth day of work-related disability, unless the injured worker is able to return to work earlier or a health care provider establishes that Maximum Medical Improvement (MMI) has been reached.
  • Impairment Income Benefits (IIBs):  The duration of IIBs is determined by the impairment rating assigned by a doctor once the worker has reached MMI. The worker receives three weeks of IIBs for each percentage point of impairment.
  • Supplemental Income Benefits (SIBs):  Eligible workers can receive these benefits for up to 401 weeks from the date of the injury, provided the worker meets the eligibility criteria each quarter and does not accept a lump sum payment for their injury.
  • Lifetime Income Benefits (LIBs):  These benefits are designed for workers who have suffered the most severe and debilitating injuries, often resulting in permanent disability. Eligible workers receive these benefits for the rest of their life.

Given the complexities and potential long-term implications of workers’ compensation cases, it’s advisable to seek the counsel of experienced Arlington workers’ compensation lawyers to navigate the process.

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We provide workers compensation victims with dedicated and tenacious legal representation, ensuring that you get fair value for your claim. Our Arlington workers’ compensation lawyers will build a strong case with supporting evidence so that you recover the money that you deserve.

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What Workers' Compensation Doesn’t Cover

Workers’ compensation offers comprehensive coverage, but it’s important to note that it doesn’t cover everything.

  • Non-Work-Related Injuries:  The primary requirement for workers’ compensation is that the injury or illness must occur as a result of performing job-related duties. Injuries that occur outside of the workplace or outside of work hours are generally not covered.
  • Self-Inflicted Injuries:  If an injury is self-inflicted, such as a worker hurting themselves on purpose or initiating a fight, it won’t be covered by workers’ compensation.
  • Injuries from Drugs or Alcohol:  Injuries that result from a worker being under the influence of drugs or alcohol at work are typically not covered.
  • Injuries from Violations of Company Policies:  If a worker is injured while violating company policy or acting recklessly, the injury may not be covered.
  • Injuries from Off-Duty Activities:  If a worker is injured while participating in off-duty recreational activities, even if the event was sponsored by the employer, the injury may not be covered.

Remember, each workers’ compensation case is unique and subject to the specifics of the situation, laws, and policies in place. Therefore, having an experienced Arlington workers’ compensation lawyer on your side can be invaluable for understanding your rights and ensuring that you receive fair compensation.

 When Do I Need a Workers’ Compensation Attorney?

This is a common question, particularly in the aftermath of a workplace injury and the ensuing complexities of the workers’ compensation process. Here are some examples of when it’s in your best interest to consult an experienced Arlington workers’ compensation lawyer, and how they can assist you in securing the benefits you deserve:

  • Claim Denial:  If your claim is denied or you’re not getting the correct benefits, a lawyer can help with the appeal.
  • Pre-Existing Disabilities:  If your permanent disability rating is disputed or you have significant pre-existing conditions, a lawyer’s intervention can be beneficial.
  • Denied or Inadequate Benefits:  Adjusters, TDI officers, arbitrators, or judges determine benefit amounts for injured employees, but their decisions may lack fairness or proper evaluation. An Arlington workers’ compensation lawyer can help contest these decisions, ensuring your rights are protected and you receive entitled compensation under the law.
  • Permanent Disability:  If your work-related injury causes partial or total permanent disability affecting your ability to work, having a competent attorney on your side is crucial.

A workers’ compensation lawyer’s goal is to ensure you receive fair treatment and the benefits you’re entitled to, so the company does not try to take advantage of your vulnerable situation.

When Can You File a Lawsuit?

Filing a lawsuit is generally considered when an employer or insurance company disputes or denies your claim, or when benefits don’t cover your losses and expenses. If your employer refuses to file a workers’ compensation claim on your behalf, or if the benefits awarded don’t adequately cover your medical bills or lost earnings, you may consider filing a lawsuit. Some specific instances warranting a lawsuit can include negligence from a third party, a product manufacturer, or even intentional harm caused by an employer.

It’s important to note that every case is unique, and while litigation can be a viable option, it’s not always the best course of action. Therefore, it’s paramount to consult with experienced Arlington workers’ compensation lawyers who can guide you through the intricacies of your situation and help determine the best course of action for your specific case.

What if My Employer Doesn’t Carry Work Comp and is a Non-Subscriber?

In Texas, unlike many other states, employers are not required by law to carry workers’ compensation insurance (referred to as “non-subscriber” employers). If your employer does not carry workers’ compensation insurance, you might still have options to recover damages for a workplace injury. These could include filing a personal injury lawsuit against your employer.

However, the rules for these types of lawsuits differ significantly from workers’ compensation claims. One major difference is that, in a personal injury lawsuit, you must prove that the employer’s negligence caused your injury, whereas in a workers’ compensation claim, no such proof is necessary.

Employers who choose not to carry workers’ compensation insurance take on significant risks because they may be liable for an injured employee’s medical expenses and lost wages without any of the usual workers’ compensation defenses. Given these complexities, it is highly recommended to consult with experienced Arlington workers’ compensation lawyers to navigate these scenarios effectively.

How Can You Appeal a Workers’ Compensation Denial?

If your workers’ compensation claim is denied, you have the right to appeal the decision. To appeal, you must first file a Request for Review with the Texas Department of Insurance, Division of Workers’ Compensation (DWC).

The DWC will then review your case and make a decision. If you’re not satisfied with this decision, you can appeal further to the DWC’s Appeals Panel. It’s crucial to adhere to the specified timeframes during this process; any delay can result in the denial of your appeal.

If after the Appeals Panel review you still believe your case has not been justly handled, you have the right to file a lawsuit in a trial court. Trials in workers’ compensation cases are conducted without a jury, and the judge’s decision is final.

This process can be complicated and challenging to navigate, particularly when you are dealing with the physical and emotional stress of a work-related injury. Therefore, having a knowledgeable Arlington workers’ compensation lawyer on your side can be invaluable. We can guide you through the appeal process, ensuring that all the necessary steps are taken in a timely manner, and represent your interests effectively, aiming to secure the compensation you deserve.

On-the-Job Injury Statistics in Texas

Workplace injuries in Texas vary in severity, with both non-fatal and fatal incidents reported each year. To provide a deeper understanding of on-the-job injuries, here’s a breakdown of statistics from the Texas Department of Insurance.

Non-Fatal Workplace Injuries

According to the Texas Department of Insurance, in 2020:

  • There were 178,000 total reported non-fatal workplace injuries.
  • The industries with the highest number of reported non-fatal injuries were trade, transportation, and utilities – with 68,500 reported injuries.
  • Education and health services had the second highest number of reported non-fatal injuries, with 35,700 incidents.

Fatal Workplace Injuries

Turning to fatal injuries among Texas employees, data from 2022 also provides significant insights:

  • A total of 578 fatal work injuries were reported.
  • The industries with the most fatalities were transportation and warehousing (184 fatalities), construction (141 fatalities), and natural resources and mining (61 fatalities).

The above statistics underscore the risks that Texas workers face on the job, highlighting the need for stringent safety measures and the importance of workers’ compensation. For those affected by workplace injuries, navigating the workers’ compensation process can be complex, making the role of experienced Arlington workers’ compensation lawyers invaluable.

Common Workplace Injuries

Workplace injuries can span a wide spectrum, from minor incidents to serious, life-altering accidents. Some of the most common injuries include:

  • Slips, Trips, and Falls:  These accidents can occur in any workplace, from offices to construction sites. They often result from wet floors, uneven surfaces, or cluttered work areas, and can lead to fractures, sprains, or even head injuries.
  • Overexertion Injuries:  Overexertion, often due to heavy lifting, pushing, or pulling, can lead to back or joint injuries.
  • Repetitive Strain Injuries:  These injuries result from repetitive movements, often in jobs that require typing or assembly line work. Carpal tunnel syndrome is a common example.
  • Contact with Objects and Equipment:  Workers can be injured by falling objects, machinery accidents, or when caught in or compressed by equipment.
  • Exposure to Harmful Substances or Environments:  This can lead to serious conditions such as respiratory diseases, skin conditions, burn injuries, or hearing loss.

It’s crucial to note that if you’ve been injured at work, regardless of the type of injury, you may be eligible for workers’ compensation benefits. Consult with an Arlington workers’ compensation lawyer to understand your rights and the process for claiming these benefits.

Contact Our Arlington Workers' Compensation Lawyers Today

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If you’ve been injured at work, Thompson Law is here to help. Our team of skilled Arlington workers’ compensation lawyers are committed to guiding you through the process and securing the benefits you deserve. Don’t try to navigate the complexities of the workers’ compensation system alone – let us advocate for your rights.

For a FREE CONSULTATION, call us at (844) 308-8180, or fill out our online contact form. Let our Arlington workers’ compensation lawyers take the burden of the legal process off your shoulders, so you can focus on your recovery.

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Personal Injury FAQs

Personal Injury

If you are injured in any type of accident, your first priority should be to seek immediate medical attention, even if you are not certain that you are injured. Seeking immediate medical treatment does two things: 1) it ensures injuries you sustained are diagnosed and treated; and, 2) it helps eliminate any doubt by the insurance company that your injuries were caused by the accident.

Often, the shock and adrenaline of an accident can mask symptoms of injuries, so making the mistake of skipping a medical examination can have profound consequences. By seeking prompt medical treatment, you protect both your health and your ability to seek compensation for your injuries with the help of your attorney.

If you were in a motor vehicle accident we have also detailed here what to do after a car accident.

A skilled personal injury lawyer is necessary to get full and fair compensation for injuries you sustained in an accident. Most defendants, whether individual drivers or commercial vehicle operators, are covered by liability insurance. Those insurance companies are not obligated to protect or take care of you. Insurance companies exist to protect the defendant (their customer) who caused the wreck. 

A personal injury attorney can help you obtain compensation for every category of damages to which you are legally entitled. These damages can include things like: medical bills, lost wages, property damage, pain & suffering, punitive damages, loss of limb, diminished mental function, physical impairment, scarring or disfigurement, emotional or mental trauma, and loss of consortium (in wrongful death claims). Further, you may be entitled to future medical bills, future lost income, future pain and suffering, and other damages in severe injury cases.

Uninsured Motorist (UM) Coverage can help save the day if you are hit by an uninsured driver or if you are the victim in a hit-and-run collision. In short, UM coverage is an add-on coverage that drivers can add to their auto insurance policies that will protect them in the event that they are in an auto accident with a driver who either does not have insurance or cannot be located. You can contact your insurance provider to confirm whether your policy includes UM. If you do not have this coverage, the personal injury attorneys at Thompson Law recommend that you consider adding UM to your auto insurance policy today. 

Absolutely not. It’s important to leave the investigation to the professionals. They know exactly how to work a case to determine all of the facts and details.

Some of the most devastating injuries caused by careless driving happen to pedestrians. As a pedestrian, you have the same right to be free from injury and harm caused by the irresponsibility, error, or negligence of others as any motorist on the road. In is important to obtain the services of an experienced personal injury attorney as soon as possible if you are injured as a pedestrian. The right attorney will see that you receive the medical care you need, guide your damage claim process, and receive full compensation for your injuries.  

Typically, yes. If a family member is seriously injured or killed in an accident, or if the injured party is a minor child, then it may be appropriate under the law for a parent, spouse, relative, or legal guardian to file a claim or lawsuit on behalf of the injured or deceased party.  These types of claims are complex, and usually depend on the type of relationship involved, as well as the individual facts and circumstances of the injury. Calling the experienced personal injury attorneys at Thompson Law is step one to explore filing a legal claim on behalf of your loved one. 

If the other vehicle involved in your crash was an 18 wheeler or another commercial vehicle, call an attorney immediately. Companies who own commercial vehicles and 18 wheelers often have their own team of investigators who will arrive on the scene immediately working on the driver’s defense case. The sooner you involve an attorney of your own, the better your chances are of receiving compensation for your injuries and damages.

No. They aren’t trying to help you. They’re trying to protect their drivers and reduce their costs. That’s why they have a team of lawyers ready to flock to the scene of any accident. Don’t accept any form of compensation until you talk to your attorney. Most victims of 18 wheeler crashes sustain more injuries than victims of normal crashes, and can receive higher compensation as a result. Don’t let them fool you into accepting a smaller payout for your injuries and damages. Your injuries could require years of medications and surgeries, and the company will try everything to avoid making huge payouts. Call your attorney and let them do the negotiating on your behalf.

The best personal injury attorney has three major characteristics: Excellent customer service, cutting edge technology, and a willingness to take cases and win at trial. Ask your potential attorney about the client experience they offer, what kind of technology they use to make your life easier, and when was the last time they took a case to jury trial. Asking these types of questions will give you guidance on what kind of experience you can expect as a client and what kind of results you can expect at the end of your case.

Thompson Law has high ratings from clients for its emphasis on customer service, and its attorneys have achieved significant results on small, large, and complex cases alike. No matter if you have been involved in a minor car wreck or are dealing with catastrophic injuries from a rarer and more devastating event like a terrible workplace accident, dog bite, or an 18 wheeler wreck, Thompson Law can assist you.  

Yes! Thompson Law is available 24 hours a day, 7 days a week to provide free consultations. If you have been injured in a truck wreck or car accident, hurt in a slip and fall incident, or otherwise injured from the negligence of another person or party, give us a call any time at 1-800-LION-LAW. We can speak to you over the phone, chat online through our website or social media outlets, or arrange an in-person meeting at your convenience. Our team is ready to help! 

An insurance company will not pay medical expenses or other damages as they come due; rather, after they have accepted liability, the insurance company will make a one-time, lump-sum final payment only at the end of your case.  Dealing with medical expenses, and obtaining the proper medical care, after an accident can be tricky. But it does not have to be! Call the personal injury attorneys at Thompson Law, who can explain how to deal with the “day-of” hospital bills, how to continue to receive the care you need, and ultimately how to recover an appropriate settlement that takes care of your bills from the incident as well as fair and just compensation for you.

Let’s be honest: this isn’t a legal show on TV and your case will not settle in the next hour – or even tomorrow.  The true answer is: it depends.  We find that most cases settle within 6-12 months from date of incident; but the timeline in your case could be shorter or longer depending on: the facts and circumstances of the accident; the length of time it takes you to complete medical treatment; and the character of the insurance company, or companies, involved in your case.  In the event that your case cannot settle pre-litigation and it becomes necessary to file a lawsuit, the litigation process alone can take 1 to 2 years due to the court system and legal process necessary to prepare for trial.  But because so much of the timeline depends on the facts and circumstances of your unique case, call Thompson Law today to discuss the personal injury claims process

Thompson Law Guarantee

Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.

State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.