Have you been injured at work?

Texas workers' compensation law establishes a system, regulated by the state, that pays compensation in the form of medical and income benefits to employees who suffer from work-related illnesses or injuries, regardless of who is at fault, as well as compensation to the beneficiaries of workers who are killed on the job. The purpose of the system is to provide prompt compensation for loss of earning capacity and impairment as an efficient alternative to common law negligence remedies. Work-related illnesses or injuries that may warrant compensation under the system include but aren’t limited to, conditions such as chronic lung disease caused by inhaling hazardous chemicals at work and injuries resulting from repetitive tasks or awkward positions, such as a back injury due to heavy lifting. It's important to note that workers' compensation only covers injuries that occur while working. Injuries caused by worker intoxication, self-inflicted injuries, or those resulting from horseplay or unsafe practices are not covered.

In most cases, workers' compensation benefits are not subject to taxation by either the federal government or the states. The only exception is when the benefits are received as a substitute for Railroad Retirement or Social Security Disability Insurance. However, if you actually receive workers’ compensation benefits and you have questions regarding their taxability, you consult the advice of an experienced tax attorney because the attorneys at GIW PLLC do not practice tax law or provide legal advice regarding tax issues.

If you are injured on the job, the first thing you need to do, if you don’t already know, is to determine whether your employer is a participant in the Texas workers’ compensation system. If so, then your exclusive remedy for your injuries is to obtain workers' compensation benefits available to you under the Texas Labor Code. In general, a covered employee of an employer who has obtained workers’ compensation insurance or is self-insured in accordance with the Texas Workers’ Compensation Act has no right of action against the employer at common law or under any other state statute to recover damages for personal injury or death sustained in the course and scope of employment. If the employer is a participant in the workers’ compensation system, you must notify your employer of the injury not later than the 30th day after the date on which (a) the injury occurs or (b) you knew or should have known that your injury may be related to your employment in the case where you have an occupational disease. To file a claim, use form DWC-041 and submit it to the Division of Workers' Compensation within a year, or visit their office.

If your employer doesn't participate in the workers’ compensation system and you are injured on the job, you may be able to sue your employer for common-law negligence or statutory violations that led to your injuries. In this situation, you can contact GIW PLLC for assistance with pursuing a potential personal injury claim against your employer. Keep in mind that you have up to two years from the date of the incident giving rise to your injuries to file an action against your employer related to your injuries.

Workers’ compensation benefits are the exclusive remedy for most work-related injuries. Thus, in general, a covered employee of an employer who has obtained workers’ compensation insurance coverage or is self-insured in accordance with the Texas Workers’ Compensation Act has no right of action against the employer at common law or under any other state statute to recover damages for personal injury or death sustained in the course and scope of employment. Though the exclusive remedy provision is usually invoked in the context of tort claims, it also bars contract claims against the employer when the only basis for recovery under the contract is a work-related injury. The exclusive remedy provision also bars actions against co-employees if, in the absence of the Workers’ Compensation Act, the employer would be liable for the co-employee’s actions under the doctrine of “respondeat superior” where the co-employee’s acts were within the scope of employment, in furtherance of the employer’s business and for the accomplishment of the object for which the co-employee was hired.

If, however, your employer doesn't participate in the workers’ compensation system and you are injured on the job, you may be able to sue your employer for common-law negligence or statutory violations that led to your injuries. In such a suit, you would need to prove only that the negligence of your employer or an agent or servant of the employer acting in the scope of employment caused your injury and the employer’s defenses are limited (including, significantly, an inability to claim that the employee was contributorily negligent). You can contact GIW PLLC for assistance with pursuing a potential personal injury claim against your employer if the employer is not a participant in the workers’ compensation system.

Please be aware that there is an exemption to the exclusivity provisions of the Workers’ Compensation Act for actions by the spouse and children of an employee whose death was caused by an intentional act or omission or the gross negligence of a private employer. In such instances, the spouse and children may sue the employer for exemplary damages.

The statute of limitations for personal injury claims is two years from the date of the incident that caused your injuries.

The damages you may recover from a negligent employer that does not participate in the workers’ compensation system are the same as in a typical personal injury matter. Generally, if you bring a case to recover for personal injuries in Texas, there are three types of damages that you may be eligible to recover: economic damages, non-economic damages, and exemplary damages.

Economic damages are easier to calculate because they involve tangible losses such as medical bills, lost wages, loss of earning capacity, property damage, and out-of-pocket expenses.

Non-economic damages are less tangible and may include mental anguish/emotional distress, pain and suffering, disfigurement, and loss of quality of life (also known as physical impairment).

Exemplary damages, also known as punitive damages, are awarded in cases where the defendant acted with gross negligence (which is defined as an act or omission when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others, of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others), fraud, or malice.

If your employer participates in the workers’ compensation system, then you will be eligible to receive weekly income benefits under the Workers’ Compensation Act if you are disabled for one week or more. The term “disability” means the inability to obtain and retain employment at wages equivalent to the pre-injury wage because of a compensable injury. If you believe you have received an underpayment of income benefits, you may bring an administrative proceeding to challenge the amounts paid. If you have questions about the amount of income benefits you are receiving from your employer under the Workers’ Compensation Act, you should contact an experienced Texas workers’ compensation attorney. Please note that GIW PLLC does not offer services related to matters that are covered by the Texas workers’ compensation system.

Even if you receive income benefits under the Workers’ Compensation Act, you might still be able to sue someone who caused your injuries. For example, if a company manufactured or sold a product that you were using at the time you were injured and that product was somehow defective, you might have a claim against the company. In that situation, if you succeeded in obtaining compensation from the company that manufactured the product, your employer or its insurer might have a subrogation right to get reimbursement for any damage award or settlement you receive. Your potential rights will depend on the circumstances. To ascertain your exact rights in this situation, it is crucial that you seek legal advice from a lawyer who has experience in this field. GIW PLLC can assist you in evaluating your potential rights in such cases.

If you need emergency medical attention, you can seek it without worrying about approval. In most cases, you have the right to choose your ongoing treating doctor. However, keep in mind that with respect to injuries that are covered by the workers’ compensation system, there are certain regulations that may restrict your selection to doctors who are on an approved list. In that situation, if you're dissatisfied with your doctor or other healthcare provider, you may be able to request treatment from another professional. If you have issues with respect to the medical care you are receiving under the Workers’ Compensation Act, you should contact an experienced Texas workers’ compensation attorney. Please note that GIW PLLC does not offer services related to matters that are covered by the Texas workers’ compensation system.

GIW PLLC handles injury claims against employers not participating in the workers’ compensation system like all other plaintiff’s personal injury cases it handles: on a contingency basis. A contingency fee payment arrangement is when the lawyer only gets paid if the client obtains a recovery for the client’s damages. The lawyer takes a percentage of the compensation the client receives as the fee for the lawyer’s services (in addition to the reimbursement of any out-of-pocket expenses incurred by the lawyer in working up the case). This agreement means that the lawyer shares the risk with the client that the case might not be successful. It is a legally binding contract between the lawyer and the client and is commonly used in personal injury cases. You should always take time to review a proposed contingency fee agreement before you sign it and ask the lawyer you are thinking of hiring any questions you may have about it before you agree to sign it. While the exact details contained in contingency fee agreements may differ from law office to law office, the basic terms of such agreements are similar in most instances. Therefore, you do not incur any upfront out-of-pocket expenses in hiring GIW PLLC to handle your injury claim against a non-participating employer.