Work Injury Lawyers in Texas
If you or someone you love was injured on the job, the work injury lawyers in Texas at Moore & Associates can help. Our work injury attorneys in Texas can evaluate your situation and the circumstances of your accident and help you take the next steps. If you were hurt in a work accident in Texas, you may be entitled to seek compensation to cover your medical expenses, rehabilitation costs, lost wages, and possibly more. Work injury claims in Texas can be more complicated than work injury claims in other states. Texas does not require employers to have worker’s compensation insurance. This means that how you’ll proceed after you’ve been injured at work will depend on several factors including:
- Does your employer carry worker’s compensation coverage?
- Who was negligent or responsible for your injuries (was it your employer or a third-party contractor)?
- Are you labelled a contractor?
- Did your employer fail to follow occupational health and safety guidelines or did your employer fail to provide safety training or safety equipment?
- When you tried to make a worker’s compensation claim or ask your employer about your rights, were you fired, your work hours were reduced, or you otherwise experienced retaliation?
After a work accident, workers generally have the option of either filing a worker’s compensation claim or pursuing a work injury lawsuit to seek damages for their losses and medical expenses. How you’ll proceed will depend on the details of your case. The factors listed above will influence whether you can make a worker’s compensation claim or pursue a workplace injury lawsuit. The Texas workplace injury lawyers at Moore & Associates can review your situation and the circumstances surrounding your injury to help you explore what your next steps should be. If you’ve been hurt in a workplace accident in Texas, you only have a limited time to make a worker’s compensation claim or pursue a lawsuit. The Texas workplace injury lawyers in Texas at Moore & Associates are here to help.
Who Can File a Worker’s Compensation Claim in Texas?
If your employer has worker’s compensation insurance and you are a covered employee, you can file a worker’s compensation claim in Texas. If you’ve been hurt at work, your first step should be to speak to your employer or human resources department to determine if your employer has worker’s compensation insurance and to see if you are covered. If you are covered under your employer’s worker’s compensation insurance, you might have to seek medical care from an in-network doctor. You may also only have a limited time to make a claim.
While many workers can successfully make worker’s compensation claims without the assistance of a work injury lawyer in Texas, some workers might choose to hire a Texas work accident attorney. If your worker’s compensation claim has been denied. If you disagree with the disability determination made by the adjusters, or if you are being told you aren’t covered under your employer’s worker’s compensation insurance, you might want to speak to a Texas workplace injury lawyer as soon as possible.
If you are not covered under worker’s compensation, you may have the right to pursue a lawsuit.
Who Can File a Work Injury Lawsuit in Texas?
If you were injured at work due to the negligence or neglect of your employer or a third-party contractor, you might have the right to file a work injury lawsuit in Texas. If your employer has worker’s compensation insurance, your employer may be protected from most lawsuits and your main option for receiving compensation will be to make a worker’s compensation claim.
Yet there are circumstances where workers can file a work injury lawsuit. These circumstances include:
- If you were injured due to the neglect or negligence of a customer, third-party contractor, or someone other than your employer on the job, you may be able to pursue a work injury lawsuit. In some cases, workers can pursue a worker’s compensation claim and a work injury lawsuit against a third-party.
- If your employer failed to follow occupational health and safety rules or willfully put workers in harm’s way, you may be able to pursue a work injury lawsuit in Texas.
- If you were classified as an independent contractor, you won’t likely have worker’s compensation coverage and may be able to pursue a lawsuit.
- If you suffered retaliation for trying to make a worker’s compensation claim, you may be able to pursue a work injury lawsuit.
Pursuing a work injury lawsuit requires that you show that another party or company was negligent for your injuries, or that another person or company violated your rights or laws. When pursuing a work injury lawsuit, it can be helpful to have a work injury lawyer in Texas on your side. A workplace accident lawyer in Texas can evaluate your case, gather evidence, help you build the strongest case possible, and help you with all steps of the personal injury claim process. Moore & Associates are work injury attorneys who are here to help.
Worker’s Compensation Claims vs. Workplace Injury Lawsuits in Texas
There is a difference between making a worker’s compensation claim and pursuing a workplace injury lawsuit. A worker’s compensation claim is basically an insurance claim, while a workplace injury lawsuit, requires that workers file a personal injury lawsuit or write a demand letter directed at negligent parties. Each process has its benefits and drawbacks. Let’s explore:
Benefits of Making a Worker’s Compensation Claim:
- No need to prove negligence. Anyone covered under worker’s compensation can file a claim after any workplace injury.
- Potential faster access to money and care. The claim process can sometimes move more quickly than a personal injury case.
- Potential for your case to be settled without the need of a work injury attorney. Your employer or human resources department may be able to assist you with the claim process.
Limitations of Making a Worker’s Compensation Claim in Texas:
- You may be limited to seeing in-network doctors and providers.
- If you are covered under worker’s compensation, you may be barred from suing your employer, in most circumstances.
- Lost wages and disability compensation is limited.
- Worker’s compensation claims sometimes get denied, or workers disagree with the adjuster’s disability designation. When this happens, workers may need the assistance of a work injury lawyer in Texas to assist them with the appeals process.
Benefits of a Work Injury Lawsuit:
- Potential to seek higher compensation amounts because lost wages and disability payments don’t have the same caps, and there’s also the ability to seek compensation for pain and suffering and other losses.
- Potential to choose your own doctor and care team following a workplace injury.
- You might be able to seek damages from multiple parties, in some cases.
- Potential to settle your work injury lawsuit outside of court if you have a strong case. It can be helpful to have a work injury lawyer in Texas on your side.
Limitations of a Work Injury Lawsuit:
- If your work injury lawyer in Texas cannot settle your case outside of court, you may need to go to court.
- You’ll generally need to prove that another party was negligent or responsible for your injuries to successfully win a work injury lawsuit.
- You’ll generally need the assistance of a work injury lawyer if you choose to pursue a work injury lawsuit. It can be difficult to successfully pursue a work injury lawsuit without the assistance of an attorney.
These are just some of the benefits and limitations. These benefits and limitations alone shouldn’t guide your decision-making when choosing what path to recovery you and your family wish to pursue. A workplace accident lawyer in Texas at Moore & Associates can review your case and help you understand your options. We can help you build the strongest possible case and help you gather necessary evidence. We are here to guide you every step of the way.
What Can I Do If My Worker’s Compensation Claim is Denied in Texas?
If your worker’s compensation claim is denied or if you disagree with the disability determination made by your employer, you have the right to appeal the denial and may even have the right to pursue a workplace injury lawsuit. The work injury lawyers in Texas at Moore & Associates are here to help. Worker’s compensation claims get denied for a variety of reasons, and sometimes a work accident lawyer in Texas can help provide more information to insurance adjusters or build a stronger case to appeal the denial.
One crucial aspect of any worker’s compensation settlement is the disability determination made by the insurance adjusters. There are four possible determinations, and each determination can impact how much money in lost wages you’ll receive and for how long. The four determinations are:
- Permanent total disability
- Permanent partial disability
- Temporary total disability
- Temporary partial disability
With temporary disability, the expectation is that you’ll be able to return to work after a recovery period. You’ll only receive lost wages for the time you are unable to work. Permanent disability designations can result in longer-term and possibly larger payments. A work injury lawyer in Texas at Moore & Associates can review your case and help you understand what your rights and options are.
How Can I Contact a Work Injury Lawyer in Texas?
The work injury attorneys in Texas at Moore & Associates can be reached 24 hours a day, 7 days a week at 713-222—6775. Contact us today to explore your options and next steps. You may only have a limited time to act. We are here to help you take the next steps so that you and your family can receive the care and compensation you need.
