Work Injury Lawyers in Odessa, Texas
The work injury lawyers in Odessa, Texas at Moore & Associates help victims of work accidents pursue personal injury lawsuits and make worker’s compensation claims. If you’ve been hurt on the job in Odessa, Texas, you may have the right to make a claim against your employer for your medical expenses, lost wages, pain and suffering, and other losses. If your employer has worker’s compensation insurance, you may be entitled to receive coverage for your medical costs, lost wages, work retraining, and more.
Every year, hundreds of workers are killed on the job, and many thousands more are seriously injured. Individuals who survive serious workplace injury may find themselves without work and wondering how they’ll support their families while they recover from injuries or disability. Some workers are no longer able to return to doing the work they previously did, and some never can return to work at all.
Texas offers several remedies for injured workers. If your employer has worker’s compensation coverage, you can make a worker’s compensation claim and seek coverage, which can include coverage for medical and rehabilitative care, compensation for missed days from work, disability payments, and more. The work injury lawyers in Odessa, Texas at Moore & Associates can also help you if your worker’s compensation claim has been denied or delayed. If your employer doesn’t have worker’s compensation, you have the right to pursue a work injury lawsuit in Odessa, Texas. The work accident lawyers in Odessa, Texas at Moore & Associates can help you with the process of pursuing a claim and help you understand your options and rights. Because Texas is one of the few states that doesn’t require employers to carry worker’s compensation insurance, there isn’t a single path forward after a workplace accident. A work accident lawyer in Odessa, Texas can take the time to understand your situation and take the next steps.
How you’ll proceed after a work accident in Odessa, Texas will depend largely on whether your employer has worker’s compensation insurance. While most individuals can receive a higher settlement through a lawsuit, if your employer has worker’s compensation insurance, you might be barred from making a personal injury claim against your employer. That said, you may still have options, especially if you were injured by a third-party, or if you are able to prove that your employer acted negligently.
If you have been seriously injured on the job in Odessa, Texas, you may only have a limited time to make a worker’s compensation claim or to pursue a lawsuit. The work accident lawyers in Odessa, Texas at Moore & Associates can help. Contact our workplace injury lawyers in Odessa, Texas today to explore your rights and the next steps.
Can I File a Workplace Injury Lawsuit, Or Worker’s Compensation Claim in Odessa, Texas?
If your employer carries worker’s compensation insurance, your first step after an accident will likely be to make a worker’s compensation claim. Your employer doesn’t have to be negligent for you to pursue a worker’s compensation claim if your employer has coverage. If you are not sure about your rights or next steps, you might want to speak to the workplace injury lawyers in Odessa, Texas at Moore & Associates.
Worker’s compensation can pay your medical bills related to your workplace injury, cover rehabilitation costs, and partially pay your lost wages while you recover. In some circumstances, you may be able to receive disability payments if you are unable to return to work. If a family member passed away in a workplace accident, surviving family members may be able to make a worker’s compensation claim to cover medical expenses, funeral expenses, and to collect death benefits.
If you are covered under worker’s compensation in Texas, you generally aren’t permitted to sue your employer. You’ll need to make a worker’s compensation claim. Yet, there are a few notable exceptions.
- Injuries arising from third parties. If your employer brought third-party contractors to your work site and these third-party contractors are the ones responsible for your injury. For example, a teacher works at a school who hires a roofer to perform roofing work. If the roofer drops a tile from the roof, hitting the teacher on the head, the teacher might be able to pursue a lawsuit against the roofer for injuries, even if the teacher is covered under their school’s worker’s compensation policy.
- If your employer knowingly defied occupational health and safety rules or failed to provide required work training and equipment.
- If your employer fires you, reduces your work hours, or otherwise retaliates against you because you file a worker’s compensation claim, you might be able to sue for damages for wrongful retaliation.
When workers can pursue lawsuits, it might sometimes be in their best interests to do so, because worker’s compensation may only cover a portion of lost wages, and doesn’t permit individuals to collect money for pain and suffering. Worker’s compensation insurance often won’t cover medical expenses for care sought out of network.
Benefits of Filing a Worker’s Compensation Claim:
- You don’t have to prove negligence on the part of your employer. If your employer has insurance, you can make a claim.
- Faster access to medical care, payments, and compensation for lost wages.
- In some cases, you may not need the assistance of a work injury lawyer to receive benefits.
Benefits of a Lawsuit for Workplace Injury:
- Potential for a higher recovery amount because you can seek compensation for all losses, including your full lost wages and pain and suffering damages.
- Potential to choose your own doctor and care team following an injury.
Limitations of Worker’s Compensation:
- You may not have a choice. If your employer has worker’s compensation insurance, this may be your only means to receive payments for medical costs, lost wages, and rehabilitation expenses.
- Lost wages are capped. Workers typically receive only partial payments of their full wage.
- You may have to see an in-network doctor or care team to receive coverage.
- If worker’s compensation determines that you can return to work, or work part-time, you may need to return to work to receive benefits.
- If your claim is delayed, or denied, you may need to work with a workplace injury lawyer in Odessa, Texas to appeal a denied claim, or to help you pursue a lawsuit against your employer. It can sometimes be difficult to successfully appeal a denial on your own.
Limitations of a Lawsuit for Workplace Injury:
- Your workplace injury lawyer will need to identify negligent parties, prove negligence, and write demand letters.
- While there is an opportunity to receive higher settlement amounts, you may not receive these amounts right away. You’ll only get paid when the lawsuit is either settled out of court (the more common situation), or after your lawyer wins your case in court.
- You’ll likely need the assistance of a workplace accident lawyer in Odessa, Texas. It can sometimes be difficult to successfully pursue a workplace lawsuit on your own.
If you’re not sure what your next step should be, the Odessa, Texas workplace accident attorneys at Moore & Associates are here to help. We can help you understand your options and assist you with navigating the next steps. If you have a right to make a personal injury claim, you may only have a limited time to do so. Reach out to the work accident lawyers in Odessa, Texas at Moore & Associates today.
What Can I Do If My Worker’s Compensation Claim is Denied in Odessa, Texas?
Worker’s compensation claims can be denied for a wide range of reasons:
- Your employer doesn’t have worker’s compensation insurance. Your option to receive compensation is to pursue a workplace injury lawsuit.
- You submitted your claim late. You may still have other options, especially if you were injured due to a third-party’s neglect, or because of negligence on the part of your employer. The time limits to pursue a lawsuit may be longer than the time limit to file a worker’s compensation claim.
- Worker’s comp claims your injury was due to a pre-existing condition. This can happen when workers make cases for diseases, repetitive strain injuries, back or neck injuries. A workplace injury lawyer in Odessa, Texas at Moore & Associates can help you provide additional evidence and help you build a case for a successful appeal.
- Incorrect disability designation. Worker’s compensation will decide the level of your disability and the seriousness of your injury. There are four main classifications: 1. Temporary Total Disability 2. Temporary Partial Disability 3. Permanent Total Disability, and 4. Permanent Partial Disability. Permanent disability will generally result in longer-term payments and a larger lost wages award, while temporary disability will only be paid for the limited time you are disabled. Total disability awards will cover a greater percentage of your lost wages for the time you are disabled. Many worker’s compensation appeals result from disagreements stemming from the disability designation awarded by worker’s compensation.
If your worker’s compensation claim has been denied or if you disagree about the disability designation you have been awarded, you have the right to appeal the denial. A work accident lawyer in Odessa, Texas at Moore & Associates may be able to help. Contact our work injury lawyers in Odessa, Texas today.
How Can I Contact a Workplace Accident Lawyer in Odessa, Texas?
The workplace accident lawyers in Odessa, Texas at Moore & Associates can be reached at 713-222—6775. We are available to take your call 7 days a week, 24 hours a day. We can review your case to help you understand your options, and are here to help you take the next steps.
