Texas is the only state that does not require private employers to invest in workers’ compensation insurance. Many participate in the system anyway to receive immunity from workplace injury lawsuits. In exchange, the workers’ comp insurer provides employees medical, wage, and death benefits.
Should you suffer an injury at any point during your employment, a Houston workers’ compensation lawyer from Attorney Brian White Personal Injury Lawyers can review your case and determine whether your employer was a subscriber or non-subscriber and inform you of whether you can pursue medical benefits for workers’ compensation in Houston, TX.
Contact our law firm today to schedule your free consultation, give us a call at (713) 804-8120, and speak with a Houston factory accident lawyer. We will fight for the full compensation you deserve for your injuries.
How Attorney Brian White Personal Injury Lawyers Can Help You Get Workers’ Compensation Medical Benefits in Houston
Founded in 2008, Attorney Brian White Personal Injury Lawyers represents injured people pursuing fair compensation in the greater Houston, Texas, area.
Our team of Houston workers’ compensation lawyers, including a board-certified personal injury trial lawyer, has over 45 years of combined experience handling injury cases. Following your injury in an accident, our lawyers will provide you with the following:
- A free consultation to identify each of your sources of injury compensation
- Knowledgeable workers’ comp lawyers who will fight insurers for a fair resolution
- Experienced advocates that will pursue hearings and appeals after a denial
Workplace accidents can leave you unable to work or pay your bills, so contact Attorney Brian White Personal Injury Lawyers to discuss your workplace injuries and options for pursuing compensation. Your initial consultation is free of charge.
For a legal consultation call (713) 500-5000
Are Workplace Accidents Common In Texas?
According to a report by the Texas Department of Insurance (TDI), the average number of non-fatal workplace injuries in the state fell from 2012 through 2018 before stabilizing. Currently, the number sits at about 2.1 cases per 100 full-time workers, which means that about 2% of full-time workers will suffer a work-related injury or illness in Texas.
That figure falls below the national average of 2.7 cases per 100 full-time workers, but it does not necessarily mean Texas workplaces are safe. The state has a different mix of industries compared to others, and though some of them are relatively safe, others pose significant dangers to workers.
According to the TDI report, Texas’s most dangerous industries include the following:
- Agriculture
- Transportation and warehousing
- Retail sales
Interestingly, two industries often perceived as dangerous — construction and oil/gas extraction — fell significantly below average.
However, it is important to know that the entire report comes with a significant disclaimer, as it primarily uses data from 2021, a time in which the country was experiencing significant economic slowdowns due to the ongoing COVID-19 pandemic. With fewer workers working, fewer injuries were reported.
Houston Medical Benefits Lawyer Near Me (713) 500-5000
Workers’ Compensation Medical Benefits
Workers’ compensation provides many benefits to injured workers and their families, such as:
- Medical benefits to pay for treatments and therapy
- Wage benefits that pay 70% of the worker’s salary until they can work
- Death and burial benefits should a worker die on the job
Workers may also receive return-to-work benefits, including retraining if they cannot return to their old jobs. For example, if a forklift operator loses a hand in a forklift accident, they may recover their ability to work but may need to perform a different job going forward.
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Workers’ Compensation Pitfalls
Workers’ comp insurers know they need to pay for the worker’s treatment and therapy for on-the-job injuries, but several issues can arise around payment for these services based on the following questions:
Was the Injury Covered?
Workers’ compensation only covers injuries sustained during your employment. With that said, you can often only file a workers’ comp claim if your injury:
- Happened at your workplace
- Occurred during your working hours, including overtime
- Resulted from work-related activities
Still, the above rules do have some exceptions. For example, if your supervisor directed you to do something outside your normal job duties, it might still qualify as work-related. Thus, if your boss were to ask you to pick up a birthday cake for a coworker, and you end up injured in a car accident during the errand, your crash injuries may qualify for worker’s comp.
What Does the Insurer Pay for?
Insurance will only pay for injuries caused or worsened by your work. Suppose that you have arthritis in your knees and you tear a ligament while at work. Your workers’ comp should pay for treatment of the torn knee ligament, as the injury was not a pre-existing condition.
The insurer must pay for reasonable and necessary treatment and therapy. Medical services typically qualify as reasonable and necessary when a doctor prescribes them. Still, there are times when an insurer will dispute a doctor’s recommendations, and you may need to invoke the state’s dispute resolution procedure in response.
Who Performs the Treatment?
If your employer and its workers’ comp insurer use a healthcare network, you must use an in-network doctor, as the insurer will not pay for any out-of-network treatments. You can generally only choose your doctor if your employer and insurer do not participate in a healthcare network.
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Schedule a Free Consultation With Our Houston Workers’ Compensation Lawyers
On-the-job injuries can leave you permanently disabled and take you away from working or caring for your family. Contact Attorney Brian White Personal Injury Lawyers to discuss your on-the-job injury and your options for pursuing compensation for them.
Our Houston workers’ compensation attorneys work on contingency, so we only get paid attorney’s fees if we secure money for you. Contact our law firm today to schedule your free consultation, give us a call at (713) 804-8120!
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