If you are injured at work in Texas, you may wonder how you can recover from your injuries. The answer to that depends on your case’s specific facts and circumstances. Two ways a Texas worker can recover for their injuries sustained at work are workers’ compensation or a personal injury lawsuit against their employer.
Workers’ compensation is a system to help injured workers on the job. In Texas, most employers are required to have workers’ compensation insurance. If you are injured at work, you may be able to file a claim with your employer’s workers’ compensation insurer to receive benefits. These benefits can include medical expenses and a portion of your lost wages.
The other way that you may be able to recover for your injuries sustained at work is through an accident attorney filing a lawsuit against your employer. To win, you must prove that your employer was irresponsible and such negligence was the cause of your injuries.
For instance, if your employer failed to create a safe work environment and you were injured, your accident attorney may be able to bring a personal injury lawsuit against them.
If You Have Worker’s Compensation
You are entitled to the following, which are on top of the remunerations you may receive after winning a case with your accident attorney:
- Medical: Workers’ compensation insurance pays for medical expenses if you are injured. You can go to any emergency doctor, but you must see a doctor in your workers’ compensation insurance network for ongoing treatment.
If you have difficulty getting your insurer’s medical care covered, you may want to talk to a work injury lawyer.
- Income: Income benefits are payments made to people who cannot work due to illness, injury, or unemployment. The following can help cover basic living expenses and help to make ends meet.
- TIB stands for Temporary Injury Benefits. TIBs are given to those injured at work and unable to work because of their injury. TIBs represent 70 percent of the difference between your average weekly wage and the wages you can earn after your work-related injury.
- An injured employee can receive TIBs until they reach the maximum medical improvement, when they are physically able to earn the average weekly wage, or at 104 weeks.
- If you have a permanent impairment, you may be eligible for impairment income benefits (IIBs). The amount of IIBs you can get depends on your impairment rating, which is a percentage that ascertains the degree of permanent damage your body sustained. For each percentage of impairment, you may receive three weeks of IIBs.
- If you have a 15 percent or greater impairment rating from your work-related injury, have not gone back to work, earn 80 percent or less of your average weekly wage, are still looking for work, and did not accept a lump sum workers’ comp settlement, you might be eligible for supplemental income benefits (SIBs).
- If you cannot work due to sustaining certain permanent injuries, you may be eligible for lifetime income benefits (LIBs). LIBs provide 75 percent of your average weekly wage and a 3 percent increase yearly.
If You Don’t, Then Consult with an Accident Attorney in San Antonio, Texas
The Harper Law Firm specializes in personal injury cases. Our accident attorneys help Texans fight for their rights in the event of car accidents and other negligent incidents. For more info, chat with us online on our website today!