Filing a work injury claim in Texas has specific nuances, especially for construction or other work accidents, making it vital to understand the unique aspects of Texas law. Mendez Law Firm will help you navigate the process after a workplace injury, including understanding your rights and the legal steps required to secure the compensation you deserve.
Report Your Injury Immediately - Report your injury to your employer as soon as possible. In Texas, you have 30 days from the date of injury to notify your employer. Failure to report within this timeframe can impact your ability to receive benefits. Always document the report in writing and keep a copy.
Seek Medical Attention - Prioritize your health by seeking medical care right away. Depending on your employer's insurance, you might need to visit a doctor within the approved network. For emergencies, you can seek care from any medical provider.
File a Claim - If your employer has the appropriate insurance, file a claim with the Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC) within one year of the injury. Benefits typically include:
- Medical Benefits: Coverage for injury-related medical expenses.
- Income Benefits: Compensation for lost wages due to inability to work.
- Death Benefits: For families of workers killed on the job.
- Burial Benefits: Assistance with funeral costs.
Understand Your Rights If Your Employer is a Non-Subscriber - In Texas, employers are not required to carry the necessary insurance for their employees. If your employer is a “non-subscriber,” you may need to file a personal injury lawsuit to recover damages. This requires proving negligence on the employer's part, which can be complex.
Consider Consulting a Lawyer - The process of filing a claim or suing a non-subscriber can be intricate. Consulting with a lawyer experienced in Texas law can help you understand your rights, meet deadlines, and navigate legal challenges effectively.
What If Your Claim Is Denied? - If your claim is denied, you have the right to appeal. The appeals process includes a benefit review conference, a contested case hearing, and potentially an appeal. Legal representation can significantly aid in a successful appeal.
Dealing with a work-related injury can be daunting, but knowing the steps to take can protect your rights and secure the compensation you need. Acting quickly and seeking expert legal advice through a personal injury lawsuit is crucial.
If you’ve been injured at work in Texas and need assistance with your claim, the experienced attorneys at Mendez Law Firm in Brownsville, TX, are here to help. Contact us today for a free consultation to discuss your case and explore your options.