Dallas Workers’ Compensation Attorney

Dallas Workers' Compensation Attorney

Did you know that how you choose to react after an injury on the job or contracting an illness due to your employment can have a major impact on your ability to recover compensation? Our Dallas workers’ compensation attorneys do.

Anyone who is hurt on the job in Texas is most likely covered by the workers’ compensation laws within the state, particularly the Texas Workers’ Compensation Act. This means that the vast majority of employees are entitled to recover benefits for their injuries and coverage of the associated costs after reporting the incident to your employer and filing a workers’ compensation claim.

Workplace injuries are, sadly, some of the leading causes of accidents and fatalities across the country. While certain jobs have a higher level of risk than others, anyone can sustain a workplace injury and have their life forever changed by it.

You may have experienced a repetitive stress injury caused by sitting in the same position every day and carrying out tasks. Perhaps you were injured while working on a construction site and became a victim of a falling accident or a crush injury. Regardless of the reason, you are entitled to consult with an experienced workplace injury attorney in the Dallas area to discuss your options.

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Preparing to File a Workers' Compensation Claim in Texas

There are several different things you need to know about filing a workers’ compensation claim. These include:

  • As soon as possible after the incident, you need to inform your employer about what happened. Workers’ compensation protects you if you were injured on the job and filing a workers’ compensation claim will prohibit you from being able to pursue damages outside of the workers’ comp program unless specific conditions apply.
  • Attending all of your medical appointments associated with your workers’ comp claim is crucial because otherwise this may be used against you to try to prove that your injuries were not that severe.
  • There is a chance that your claim could be delayed or denied unfairly. In such a situation, you need to have the representation afforded by a Dallas workers’ compensation attorney to help you navigate the complex system and fight for the compensation you deserve.

It may take weeks or months to discover the true nature of your injuries. Once you have achieved maximum medical improvement or the point at which doctors no longer expect you to recover any further from your workplace injuries, you may be in a position to settle with the workers’ compensation program. However, having an attorney is strongly recommended to ensure that this gets accomplished fairly.

Your Rights as an Injured Employee

Regardless of how the accident happened, you have the right to file a workers’ compensation claim. You may be ineligible to recover benefits if the injuries were caused by your own careless behavior, such as being under the influence of drugs or alcohol while on the job. However, in most other situations, you are eligible to recover workers’ compensation benefits regardless of the circumstances of the accident. It is pertinent that you file a claim in a timely fashion. You need to report the injury to your employer right away.

Injured workers are required to file injury reports within 30 days of any accident that lead to the injury. Workers must also appeal any initial impairment rating provided within 90 days of the rating being issued. The main types of benefits available under workers’ compensation are:

  • Medical benefits: These benefits at typically paid through an employer’s insurance company, and cover the cost of treating a workplace injury. Employers are required to specify if the employee must see an in-network physician.
  • Income benefits: Income benefits are based off your average weekly wage. These cover a portion of the wages lost due to a workplace injury or illness, and are based on the employee’s over the 13 weeks prior to the injury. The types of income benefits can include:
    • Temporary income benefits: After 7 days of missed work due to a work-related injury.
    • Impairment income benefits: For permanent bodily damage from a workplace injury.
    • Supplemental income benefits: For significant permanent damage which prevents a return to work or requires a new job with lower wages.
    • Lifetime income benefits: For serious injuries, such as blindness, brain injuries, or the loss of two or more limbs.
  • Death and burial benefits: Up to $10,000 in funeral costs and 75% of lost income for eligible family members.

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While you have the right to visit with your own doctor and get a second opinion, you should still keep up with the work comp doctor’s appointments provided by the workers’ compensation insurance program or your employer directly.

Also, you have the right to retain an experienced Dallas workers’ compensation attorney. Such an attorney will know the common pitfalls in the Texas workers’ compensation system and can help you avoid some of the most common missteps that could lead to a denied or undervalued claim. Being able to properly illustrate the injuries you have sustained will have a big influence on your ability to recover compensation.

At Thompson Law

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

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Most Common Workplace Accident Injuries

Some of the most common injuries associated with the workplace include:

  • Broken bones
  • Whiplash and other vehicle-related injuries while driving a vehicle for your job
  • Crush injuries and joint injuries from being pinned in between objects
  • Lacerations
  • Fire and explosion related injuries like burns and scarring
  • Amputation injuries, often from improper training on equipment
  • Burn injuries from chemicals or fires
  • Back injuries from falling from heights

If your employer failed to have the appropriate safety gear or didn’t provide you with the necessary training or supervisory assistance to do your job safely, they may be held responsible for your injuries.

Filing a workers’ compensation claim may be the only way for you to put this incident behind you so that you can focus on recovery. As an injured employee, you already have enough to worry about and you should be focused on retaining an attorney who can assist you with getting the benefits you so desperately need.

It is also important to realize that as an employee, your employer is prohibited from discriminating against you because of your choice to file a workers’ compensation claim. They cannot harass you, fire you, demote you, or threaten you because you file a legal claim.

Call a Dallas Workers’ Compensation Attorney for a FREE CONSULTATION

If this is happening to you, you need to retain an experienced attorney immediately.  A Dallas workers’ compensation attorney at Thompson Law will have the experience to fight for you to get the compensation you need. Call today for a free consultation.

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Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.

Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.