Were you injured on the job in El Paso, TX? Texas workers’ compensation laws can be particularly complicated. Unlike in other states, workers’ comp isn’t always automatic. An experienced El Paso workers’ compensation lawyer at Mission Personal Injury Lawyers can help you understand your legal rights and options.
We’ve been fighting to protect injured workers’ rights for decades. We’ve used over 43 years of experience to win tens of millions of dollars in settlements and verdicts for our clients.
Our lawyers have the tools to help you fight for full compensation for medical bills, lost wages, and more. Contact our law offices in El Paso, Texas, to schedule your free consultation to get started, you can call us today at (915) 591-1000.
Table of Contents
How Mission Personal Injury Lawyers Can Help With Your Workers’ Compensation Claim After a Work Accident in El Paso
Injured workers often struggle to recover fair compensation after an injury in Texas. Not all employers carry workers’ compensation. Even if they do, recovering full benefits can be an uphill battle. An experienced El Paso personal injury lawyer can help you tackle the challenges you might face.
At Mission Personal Injury Lawyers, we have a 99% track record of successfully recovering compensation for our clients. Our lawyers have been recognized as Super Lawyers and Rising Stars, to name just a few awards we’ve received.
When you hire our experienced lawyers to handle your workers’ compensation case, you can expect us to:
- Conduct a full investigation into your workplace accident
- Identify all responsible parties and options for recovering compensation
- Determine whether your employer is a subscribing employer
- Handle all paperwork and file your claim for benefits
- Protect you if your right to workers’ comp is challenged
- Defend you if your claim is denied
- Negotiate with the workers’ compensation insurance company for full compensation
If you’re ready to learn more about creating an attorney-client relationship, contact our El Paso personal injury attorneys to learn more about our legal services today.
How Common Are Work-Related Accidents in Texas?
Texas is a particularly dangerous state for workers. Private employers across the State of Texas reported approximately 179,000 non-fatal workplace injuries and illnesses in 2021.
Unfortunately, the U.S. Bureau of Labor Statistics (BLS) reported that 533 workers in Texas were killed on the job that year. Because 5,190 workers were killed on the job nationwide in 2021, roughly 10% of all work-related fatalities occurred in the State of Texas.
Overview of Texas’ Workers’ Compensation Laws
Workers’ compensation is a no-fault system that compensates employees who are injured while performing work-related activities. Workers’ comp also compensates employees who develop illnesses because of something in the workplace.
Most states require employers to carry workers’ compensation insurance. However, in Texas, employers don’t have to opt into the workers’ comp system. They can choose to carry workers’ comp insurance, purchase private insurance or have no insurance at all.
Because workers’ comp is a no-fault system, injured employees can receive workers’ compensation benefits without filing a lawsuit. However, they then forfeit the right to sue a negligent employer who provides workers’ compensation for damages.
If your employer is a non-subscriber, you keep your right to file a personal injury lawsuit for damages if you’re injured on the job.
How Do I Know Whether I Qualify for Workers’ Compensation Benefits?
If your employer carries workers’ compensation, you qualify for benefits any time you suffer an injury or contract an illness while working. Your injury must have been incurred in the scope of your employment.
You don’t necessarily have to be injured on the job site to qualify. As long as you were working at the time of the injury, you’ll likely qualify for benefits. For example, if you were injured in a car accident while running errands for your boss, you can file a claim for benefits.
How Much Is My El Paso Workers’ Compensation Claim Worth?
The value of your workers’ compensation benefits depends on several different factors, including:
- The nature of your injury
- Your wages prior to the accident
- The length of your recovery
- Whether you were partially or totally disabled
- The cost of your medical treatment
Workers’ comp benefits provide important financial support for injured workers. That said, they don’t cover everything. Your weekly benefit check will equal about 70% of your average weekly wages and is subject to the statewide cap.
Regardless of your earnings, your weekly workers’ compensation check is limited by state law. The cap is adjusted for inflation each year. In 2023, the statewide cap is $1,111.55 per week. Impairment benefits are capped at $778 per week.
What Types of Damages Are Available to Workplace Accident Victims in El Paso, TX?
The types of damages you can recover depend on whether you pursue compensation via workers’ comp or a personal injury lawsuit.
Workers’ Compensation Benefits
Workers’ compensation in Texas covers all of your reasonable and necessary medical expenses. You may also be entitled to disability benefits. Those benefits will vary depending on the nature of your injury.
Under Texas workers’ compensation laws, you may be entitled to the following types of benefits:
- Temporary income benefits (TIBs) if you lose some or all of your income for at least seven days due to the injury
- Impairment income benefits (IIBs) if the injury impacts your body as a whole
- Supplemental income benefits (SIBs) if you remain impaired after your IIBs have ended
- Lifetime income benefits (LIBs) if you suffered a permanent disability or certain types of severe injuries
- Death benefits for survivors of fatal work accident victims
- Burial benefits to cover the costs of a deceased worker’s funeral costs
Do you have questions about whether you’re receiving the full benefits you deserve? Contact our workers’ comp lawyers in El Paso for a free case review today.
Personal Injury Cases
By filing a personal injury lawsuit, you can seek compensation for your economic and non-economic damages.
Examples of the types of compensation you may be entitled to receive include:
- Past and future medical expenses
- Lost wages
- Lost future earning potential
- Physical therapy
- Property damage
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Physical disfigurement and scarring
- Loss of consortium
You may be entitled to file a personal injury lawsuit in two situations, including cases where:
- Your employer is a non-subscriber
- A third party was responsible for injuries
For example, even if your employer subscribes to workers’ compensation, you may have a valid lawsuit against a negligent driver in a car accident, a property owner who failed to maintain safe premises, or even the manufacturer of defective work equipment.
Can Texas’ Shared Fault Laws Impact My Right to Workers’ Compensation Benefits?
No. You’re entitled to claim workers’ compensation benefits even if you were actually responsible for your own injuries.
If your employer is a non-subscriber, Texas’s modified comparative negligence laws can impact the amount of compensation you can recover in a personal injury lawsuit.
You can recover partial compensation if you were less than 51% to blame. Once your share of fault reaches 51%, you lose your right to compensation. A qualified personal injury attorney can advocate for your interests and work to ensure you aren’t assessed undue fault for the accident.
Our El Paso Workers’ Compensation Attorneys Will Fight To Recover Full Compensation for All of Your Workplace Injuries
Any workplace can become dangerous. Often, employees don’t have control over dangerous conditions at work. That’s one of the reasons why workers’ compensation was developed in the first place.
At Mission Personal Injury Lawyers, our attorneys in El Paso often represent injured workers who have suffered:
- Broken bones
- Back injuries
- Traumatic brain injuries
- Facial injuries
- Lung damage
- Nerve injuries
- Neck injuries
- Soft tissue damage
- Spinal cord injuries
- Organ damage
- Catastrophic injuries
- Wrongful death of a loved one
If you were injured in the workplace, don’t hesitate to reach out to our law firm today. We offer a free case review where a lawyer will evaluate your legal options for free.
How Long Do I Have To File a Claim for Compensation After a Work Accident in Texas?
To protect your right to workers’ comp, it’s important to notify your employer soon after suffering a workplace injury. You have 30 days after an accident to notify your employer or supervisor.
After providing proper notice, you will receive a document called the Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease. You must send a completed copy to the Division of Workers’ Compensation (DWC) within one year of the accident. If you wait longer, you could lose your right to workers’ compensation benefits.
If you’re entitled to file a personal injury lawsuit, the statute of limitations is two years in most cases. That means you have two years to file a lawsuit or forfeit your right to sue for damages.
There are exceptions to these deadlines in some cases. It is best that you contact our law office as shortly as possible after your accident to protect your legal rights.
Contact a Trusted El Paso Workers’ Compensation Lawyer for a Free Consultation
If you were injured while working in El Paso, you may be entitled to workers’ compensation benefits. Alternatively, you may have a valid personal injury claim. An experienced El Paso workers’ compensation attorney at Mission Personal Injury Lawyers can help you understand your legal options. Call to schedule your free consultation today.