Despite increased awareness of workplace safety in Houston, on-the-job injuries still occur. It’s important for employees to know their rights after being injured in a workplace accident. Depending on the situation, you probably qualify for worker’s compensation benefits; you may even have reason to file a third party suit if your injuries were caused by a defective product. Our work accident FAQ addresses many of the questions our clients have after a workplace injury in Houston.
This FAQ is meant only to provide a general understanding of some of the issues surrounding work-related injuries and is not intended as not a substitute for legal advice from an attorney. For more specific information contact the law offices of Ricardo N. Gonzalez & Associates.
What Actions Should I Take Immediately Following An Accident At Work?
Seek medical attention for your injuries. Report the injury to your employer as soon as possible after the accident takes place. If you don’t you may be disqualified from receiving workers compensation benefits. We also recommend that you contact a work injury attorney to ensure your rights are protected.
Can I Be Fired For Reporting An On-The-Job Injury Or Filing A Disability Claim?
No. It’s against the law for an employer to discourage you from reporting your injury or retaliating against you for making a claim. If you’ve been threatened, harassed or even terminated for reporting an injury or filing a disability claim, we urge you to speak to an attorney; in such circumstances, it may be necessary to take legal action against your employer
What is Workers’ Compensation?
Workers’ compensation is an insurance program managed by the State of Texas that provides pay and medical benefits to employees who have a work-related injury or illness. Your employer must have workers’ compensation insurance in order for you to get benefits. If yours doesn’t, contact a work injury attorney at once to protect your rights.
What Kind Of Benefits Will I Receive Collecting Workers’ Comp?
In most cases, you will be entitled to all “reasonable and necessary” medical care necessary to treat your injury; wage benefits equal to two-thirds of your average weekly pay; disability payments if you are permanently injured and unable to work; and death benefits for surviving family members if a loved one dies because of a work-related injury.
Can I Sue My Employer After Being Injured At Work?
In most cases, no. In exchange for carrying workers comp insurance, employers are generally immune from personal injury claims, even if negligence was responsible for your injuries. However, you may be able to pursue a claim for damages in accidents caused by defective products, injuries caused by a third party; or if the injuries were intentionally caused by your employer, or if your employer does not carry workers comp insurance.
Do I Have To Be Injured In An Accident To File A Worker’s Comp Claim?
Not necessarily. You can file a workers’ comp claim if your job aggravated a pre-existing medical condition. Or maybe you woke up with severe pains after lifting, turning or bending at work the day before caused an injury that wasn’t immediately apparent. In order to be successful, you must be able to establish a medical connection between your work activities and the injury/illness.
Can My Claim Be Denied?
Your claim may be denied for many reasons: failure to report your accident, failure to provide the needed details about the accident or submitting incomplete or insufficient medical documentation. If your claim is denied, you will have to file an appeal through the Workers Compensation Commission. In these situations, it’s a good idea to be represented by an attorney experienced in resolving disputes involving claim denials or early termination of benefits.
Do I Need A Lawyer For A Workplace Injury Case?
You may not need an attorney in order to collect workers’ compensation, but there’s no reason not to schedule a free consultation and discuss the circumstances of your case with an experienced work accident attorney. Not all workers are covered by workers’ compensation, and in some cases, you may eligible to seek compensation in a third party lawsuit.
Houston Work Injury Attorneys Will Answer All Your Legal Questions
If you’ve been injured in an on-the-job accident in Houston, you probably have many questions. We’d like to answer them. Contact the law offices of Ricardo N. Gonzalez & Associates to schedule a free consultation with a Houston workplace injury attorney. We represent injured workers throughout Texas, and we are here to listen to your experience, answer any and all questions you may have about workman’s compensation and other legal issues, and provide helpful, professional advice on the best way to proceed in your case.
