If you’ve been injured while working in Galveston, Texas, you may qualify to receive benefits through your employer’s workers’ compensation insurance policy. However, Texas law generally bans lawsuits against an employer who provides workers’ compensation coverage.
But, if there are multiple companies, employers, or subcontractors involved, you may have an injury case even if you have workers’ compensation coverage through your own employer. Our experienced Galveston workers’ compensation lawyers can help you determine your rights and get the financial support you need and deserve.
Since 2000, The Law Firm of Alton C. Todd has been a trusted name in workers’ compensation litigation in Galveston, TX. Collectively, our award-winning litigators have 58+ years of experience and an unrivaled ability to help clients move forward after devastating accidents.
How The Law Firm of Alton C. Todd Can Help You Maximize Your Workers’ Compensation Benefits in Galveston
Your job is your livelihood. If you get hurt or contract an illness on the job, it can have a huge impact on nearly every aspect of your life. The good news is that many employees in the State of Texas are covered by workers’ compensation insurance.
Workers’ compensation helps to reduce the impact of medical bills and a sudden loss of income while workers recover. However, insurance companies are always searching for ways to deny claims and minimize payouts.
Increase the odds of a meaningful financial recovery by turning to our trusted Galveston personal injury attorneys for help.
Our team of nationally acclaimed trial attorneys includes a Double Board Certified attorney by the Texas Board of Legal Specialization, 9-time Top 100 Texas Super Lawyers, and members of the Texas Association of Civil Trial & Appellate Specialists. We’re not like other attorneys – we have the proven ability to take on tough workplace injury cases and win big for our clients.
When you ask for our help, you’ll be able to focus on getting back on your feet while we:
- Analyze your workplace injury case and identify all potential options for financial recovery
- Provide prompt notice to your employer and help you complete all necessary claims and documents
- Gather evidence to support your claim for benefits, including medical bills, medical records, wage statements, tax returns, and witness testimony
- Schedule an Independent Medical Examination (IME), if necessary
- Handle settlement negotiations with your employer’s insurance company
- Represent you during all court hearings and appeals
- Bring your workers’ compensation lawsuit to the highest court possible, if necessary
You’ll get through this difficult time. Our workers’ compensation attorneys in the Galveston area are here to help.
What Is Workers’ Compensation?
Workers’ compensation is a no-fault insurance system that helps injured workers recover monetary benefits without the time and expense of a lawsuit.
Under the system, qualifying workers are entitled to specific benefits to offset medical bills, temporary lost wages, and permanent disability.
Employers are shielded from most civil liability for workplace accidents when they carry worker’s compensation benefits.
In Texas, however, not all employers are required to opt into the workers’ compensation system. Employers can choose to carry workers’ compensation, opt for self-insurance, or take a gamble with no insurance at all.
How Do I Know if I Qualify for Workers’ Compensation?
You may qualify for workers’ compensation benefits if:
- You’ve suffered a work-related injury on the job
- Your employer has opted into the workers’ compensation insurance system, and
- You are a qualifying employee.
Typically, workers’ compensation covers employees (full-time, part-time, and seasonal), but not independent contractors.
As long as you qualify and your injury was suffered in the ordinary course of your business, you can generally recover workers’ compensation benefits.
Can I Sue My Employer?
Not if they carry workers’ compensation insurance. The purpose of workers’ compensation is to put you on an accelerated path to benefits. The sacrifice – the ability to bring a lawsuit against your employer for general negligence.
If your employer does not have workers’ compensation, you may reserve the right to file a lawsuit against them for damages. As always, you can also pursue compensation from a liable third party that contributed to your workplace accident.
Workers’ Compensation Can Help All Types of Injured Workers in Galveston
All jobs in the Galveston area carry risks. If your employer carries workers’ compensation insurance, the benefits can be incredibly helpful as you fight to get back on your feet after an injury.
Workers’ compensation is often used to support workers injured in:
- Construction accidents
- Warehouse accidents
- Manufacturing accidents
- Transportation accidents
- Truck accidents
- Logging accidents
- Healthcare accidents
- Hospitality accidents
- Oil and gas accidents
- Energy accidents
Whether you’ve suffered broken bones, a spinal cord injury, a traumatic brain injury, severe burns, or a repetitive motion injury, our law firm can help you explore your legal options and fight for the financial award you need to recover.
What Workers’ Compensation Benefits Are Available in Galveston, TX?
Workers’ compensation offers an alternative to the traditional personal injury claims process. In turn, it has its own unique rules and procedures. There are also limits regarding what types of benefits can be awarded, for how much, and for how long.
Generally, benefits fall into three categories: medical, income, and death.
Your employer’s insurance company should cover all reasonable and necessary costs of your medical treatment after you’re hurt on the job. This can include compensation for hospitalization, surgery, prosthetics, follow-up care, medication, and medical devices. In some cases, chiropractic care and other alternative treatments can be covered.
However, your care must be prescribed by a medical professional that’s been pre-approved by the insurance company. You will be limited in who you can seek out for medical care after a work-related injury if you want the costs covered.
Temporary Income Benefits
You can qualify for Temporary Income Benefits (TIBs) if your work-related injury keeps you out of work for at least 7 days. You’ll generally qualify for 70 percent of your average weekly wage (AWW), subject to statutory caps.
The maximum AWW for injuries sustained between 10/1/22 and 9/30/23 is $1,111.55.
TIBs are paid until you can return to work, reach maximum medical improvement (MMI), or have received benefits for 104 weeks.
Impairment Income Benefits
Impairment Income Benefits (IIBs) are based on an impairment rating awarded by your healthcare provider. Your doctor will consider the extent of your injury and its impact on your life and issue a rating. Your IIBs are directly related to your impairment rating. The higher the rating, the longer you can receive the benefit.
Impairment Income Benefits equal 70 percent of your AWW, subject to caps and limits based on your rating.
Supplemental Income Benefits
Supplemental Income Benefits (SIBs) can be paid if you still need financial assistance after you’ve exhausted the IIBs available to you under Texas law.
You can qualify for SIBs if you have an impairment rating of at least 15 percent and did not accept a lump-sum payment for your injury. You must also have not returned to work or have returned in a capacity where you earn less than 80 percent of your average weekly wage.
SIBS generally equal 80 percent of the difference between your average weekly wage prior to getting hurt and the wages you’re capable of earning now.
Lifetime Income Benefits
You may qualify for Lifetime Income Benefits (LIBs) if your workplace injury or illness causes a total and permanent loss of the use of a body part. Ultimately, these benefits are available if you’re unable to return to work in a meaningful capacity because your injuries are so severe.
In Texas, LIBs equal 75 percent of your AWW, subject to a 3 percent increase annually.
Death and Burial Benefits
Every year, thousands of workers across the Lone Star State are killed on the job. When these workers are covered by workers’ compensation, their families can potentially recover death benefits to offset the costs of their deaths. Compensation can include money for the cost of a burial and funeral, as well as wages the worker would have earned if they’d survived.
How Long Do I Have To File a Claim for Workers’ Compensation Benefits in Galveston, Texas?
You must notify your employer within 30 days of the accident to begin the workers’ comp process. From there, Texas law requires a claim for workers’ compensation benefits to be filed within one year of the date of a work-related injury or illness.
You will lose the right to seek benefits if you miss these deadlines.
Schedule a Free Consultation With an Experienced Galveston Workers’ Compensation Lawyer
You deserve financial assistance if you’ve suffered an injury on the job in Galveston, Texas. Expect your employer’s workers’ compensation insurance company to put up a fight as you seek the benefits you need. The Law Firm of Alton C. Todd can help.
Trust that our Galveston workers’ compensation lawyers will help you fight back and demand the substantial benefits package to which you’re entitled under Texas state law.