Work is one of the most important aspects of life. It gives meaning and offers a way for people to provide for themselves and their families. Unfortunately, an injury on the job can lead to extended time off and loss of financial resources. You have options for compensation if you are injured or become sick, and a Dallas work injury lawyer can help.
Sometimes, injured workers are unsure of their rights after an on-the-job incident. This puts them in a vulnerable position and may lead to lower benefit awards or a denial. If you’ve been injured on the job, know that you may be entitled to significant compensation from different sources.
At Crain Brogdon, LLP, we have a Dallas work accident attorney ready to speak with you about your case. We will present the various options you have for getting the financial resources you need. Call us anytime for a free consultation at 214-522-9404.
The value of your case depends on many factors. If your payment comes solely from workers’ compensation, then your weekly payout may be limited in helping you cover your needs. The methods of calculating workers’ compensation benefits do not necessarily favor the injured worker, but a skilled work injury lawyer can fight for the benefit amount that their client truly needs.
If you get compensation from a third-party injury claim on top of your workers’ compensation insurance payout, then your payments will go much further in truly addressing the damages you have suffered. After reviewing your case, a Dallas work injury lawyer will walk you through your options.
A work injury can create all manner of chaos in your life. The last thing you need is a stressful claims process standing in the way of your receiving compensation. Sadly, obstacles do present themselves, and workers often get discouraged. For this reason, it is wise to consider seeking adept legal representation from a work accident lawyer.
When you are feeling overwhelmed from the stress of your injury, you deserve to rest, gather your strength, and heal. Meanwhile, your work injury lawyer in Dallas will be handling the process for you with your best interests in mind.
When you submit a claim for workers’ compensation, you will be examined by a doctor who works for the insurance company handling your claim. It is in the best interests of the insurance company to have an impairment disability calculated at the lowest percentage possible or to deny a claim outright. For this reason, it is not uncommon for workers to get far less compensation than what they deserve.
At Crain Brogdon, we vigorously protect our clients’ claims by keeping insurance companies in check. We know the methods they use to try to devalue workers’ claims, and we don’t stand for these tactics.
For a discreet sit-down with a knowledgeable work accident lawyer, call Crain Brogdon today at 214-522-9404.
It is not uncommon to have your workers’ compensation claim denied. Fortunately, you can appeal the decision. With the help of a work injury lawyer in Dallas, your chances of winning the appeal may be significantly higher. In order to dispute a rejection, you must appear at a benefit review conference (BRC) with the Texas Division of Workers’ Compensation. During this meeting, your attorney will vigorously represent your case and fight for a reversal.
Whatever the stage of your claim, you can expect your work injury lawyer in Dallas to be on the case so that you can have some peace while you heal.
When you are injured and have to take time off work, you should have as much compensation for lost wages and expenses as you can get. In Texas, there are four types of workers’ compensation benefits, with each type addressing a specific situation relating to the injury and the employee.
If you are injured or become sick and lose some or all of your pay for more than seven days, then you may be eligible for TIBs. TIBs are calculated by subtracting what you can earn after your injury or illness from your average weekly pay. This amount is then multiplied by 0.70, and the product is your weekly benefit.
For example, a Six Flags Over Texas employee was injured in the spring of 2022. If this worker qualifies for TIBs and can only work half time for more than seven days due to their injuries, their benefit payout would be 50% of their average salary multiplied by 0.70. If they are unable to work at all, then the calculation would take 100% of their average weekly draw and multiply it by 0.70.
If a work-related injury or illness leads to an impairment of your body, then you could be eligible for IIBs. Once a medical professional states that you have reached a level of maximum recovery, known as maximum medical improvement (MMI), then you may be entitled to receive three weeks of benefits per percentage of impairment. For example, if a healthcare provider determines that you suffer from a 25% permanent impairment of your body, then you’ll be entitled to three times 25 weeks of IIBs, or 75 weeks. IIBs are 70% of your average weekly rate.
Once your IIBs run out, you may be eligible for SIBs. In order to qualify for SIBs, your situation must meet the following requirements:
SIBs are calculated by taking 80% of your average weekly wage minus post-injury wages and multiplying that number by 80%. For example, if you were paid $1,000 per week pre-injury and did not work after getting hurt, then your SIB would be $800 times 0.80, or $640.
According to the Texas Department of Insurance, LIBs are available if you:
To calculate LIBs, you simply take 75% of your average weekly paycheck and add a three-percent increase every year.
As mentioned, workers’ compensation is a limited benefit that may not necessarily cover all of your damages. Although you are barred from suing your employer (only if they have insurance), you may be able to file a claim against a third party with the help of a work injury lawyer in Dallas. Third parties are those who are associated with your work in some way, such as another company’s delivery driver or a customer. In many cases, these third parties cause workplace injuries. With a work accident lawyer representing your interests, you can seek compensation for these damages.
Instances involving third-party claims may include:
It is important to remember that a workers’ compensation award does not mean your losses will be covered. As explained, you will get a percentage of your pre-injury wage if you are approved for benefits plus coverage of some of your medical expenses. However, the true value of workers’ losses is frequently far more than the payout can cover.
Through a personal injury claim, you can pursue compensation for the myriad of damages an injury might cause, including:
Workers’ compensation is intended to help workers, but it can be insufficient to address all of a worker’s needs. In many cases, working with a work injury lawyer in Dallas is the recommended way to pursue the full compensation necessary to cover your injuries.
Workers’ compensation covers injuries sustained on the job. However, not every employer has workers’ compensation insurance, and not every injury is covered. In order to receive any form of the benefit, your employer must have had insurance, and your injury must be compensable.
Workers’ compensation is a type of insurance that your employer may carry. However, it is not mandatory for most employers in the state. As such, you are not automatically guaranteed an easy workers’ compensation payout when injured on the job. If an employer chooses not to carry workers’ comp, they must tell their employees this fact and fulfill state filing requirements. Without workers’ compensation insurance, you cannot file a claim for payments with the state.
However, your quest for compensation does not necessarily end there. By not carrying workers’ compensation insurance, your employer loses valuable protection from employee lawsuits. Insurance provides employees with compensation for on-the-job injuries and protects employers from being sued by their employers.
If you have suffered a work injury and your employer did not purchase workers’ compensation insurance, then you can bring a personal injury claim to cover the damages occasioned by your injury. A Dallas work accident attorney can help you understand your options at this juncture.
Not every injury suffered at work qualifies you for a workers’ compensation claim. According to Texas law, your injury must be compensable, which is defined as “an injury that arises out of and in the course and scope of employment for which compensation is payable…”
In other words, your injury must have occurred while in the normal discharge of your duties. With that being said, there are instances when your claim for compensation may be denied even though you were engaged in your regular work activities. For example, if you were intoxicated during work and suffered an injury, then your claim is likely to be rejected. Additionally, if you seek to injure yourself or another person and succeed, then you will likely be denied workers’ compensation.
The same holds true if a third person injures you because of a personal reason unrelated to the company. That injury will not be covered. However, if a third party assaults you while you’re discharging your duties, then the result is different.
In November of 2021, a Southwest Airlines employee was assaulted and injured by a passenger at Dallas Love Field Airport. According to a news report, the passenger had been asked to leave the plane after being unruly and then hit the flight attendant in the head. She fell, hit her head, and was knocked unconscious. Her injuries are likely covered.
Other types of unqualified injuries include injuries sustained while participating in activities outside of work hours unless the activity was a required work event. Also, if it is determined that you were engaged in horseplay or other rowdy behavior when injured, then your injury can be denied. Finally, acts of God can also lead to a denial of a workers’ compensation claim.
In many cases, workers’ compensation claims are straightforward and handled efficiently. However, it happens all too often that injured individuals find themselves battling to get compensated for their valid workplace injuries. These workers would do well to hire a dedicated Dallas work accident attorney to represent their interests.
Sometimes workers’ compensation cases are straightforward, undisputed, and paid out quickly. However, the complexity of some situations can lengthen the process and cause quite a bit of confusion. Below, you’ll find some of the questions our clients typically have regarding workers’ comp claims.
If your injury is serious, then you should seek initial medical treatment in an emergency room. After that, you will be allowed to choose your own doctor from a pool of doctors within a healthcare network. If you choose a doctor outside of the pool, you may have to pay out of pocket if you did not seek approval for your choice.
If you are not considered an employee by someone you are working for, then you cannot file a workers’ compensation claim. However, a work accident lawyer can help you file a personal injury lawsuit against those who caused your injury.
Yes. You will receive partial benefits if you work and earn less than your average weekly wage. Once you are able to earn your average weekly salary, you will no longer receive insurance payments.
Under the Return-to-Work program, injured employees and their employers are encouraged to get the employee back into the workforce when medically practical. The work is usually temporary or involves some type of work other than what the employee had engaged in prior to being harmed.
The state of Texas caps lawyers’ fees at 25% of a worker’s weekly benefit and at 25% of the total benefit. So if your benefit is $50,000 in total, then the injury lawyer in Dallas could charge you no more than $12,500. In many circumstances, they would charge you less.
This cap does not apply to civil lawsuits. If you sue a third party or a non-subscribing employer, you will be entitled to pursue significantly more compensation than what you would get from a workers’ compensation claim. Your work injury lawyer would charge a percentage of your settlement or verdict.
In either case, an injury lawyer in Dallas would take your workers’ compensation or personal injury case on a contingency basis. This means you pay no money upfront and can conserve resources until your compensation is awarded.
If you are awarded benefits, you can elect to have them distributed in the following ways:
In order to qualify for the EFT option, you must be eligible for at least eight weeks of compensation and have a checking or savings account.
At Crain Brogdon, we regularly help people with workers’ compensation claims. Our experience and training give us the know-how to quickly and efficiently work to resolve issues and obstacles that can come up during claims processing.
If you have been injured at work, our Dallas work accident attorney can assist you in all aspects of your case, helping you pursue the full extent of your workers’ compensation benefits and payment for damages if a third party caused or contributed to your accident. For a free consultation, contact 214-522-9404 today.
Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]