Let Bailey & Galyen Protect Your Rights after a Workplace Injury
When you’ve been involved in an accident on the job in Texas, or you’ve been exposed to something that’s made you ill, you have a right to recover compensation for your losses. Unlike most states, though, Texas does not require that employers participate in the state’s workers’ compensation system. As a practical matter, though, approximately four out of every five employers do subscribe to the Texas workers’ compensation program. Successfully applying for work comp benefits can be complicated, however, and at times intimidating. Your employer won’t help you—the attorneys at Bailey & Galyen can.
At Bailey & Galyen, we bring more than 40 years of experience to people in Arlington and across the Lone Star State who have claims based on any type of workplace injury or illness. Since our inception four decades ago, we have collected hundreds of millions of dollars in settlements and verdicts for personal injury victims across Texas, including injured workers. We built our successful practice on hard work, unparalleled client service and a commitment to listening. We’ll keep you fulling involved and informed at all times, updating you on any developments in your case, as well as your options moving forward, so that you can make good decisions about your future. We strive to be available and accessible whenever you need to talk.
At Bailey & Galyen, we offer a free case evaluation to anyone with a potential work-related injury claim. To schedule an appointment with a results-oriented Arlington workers’ compensation lawyer, contact us by email or call our offices at 844-402-2992.
Protecting Your Legal Rights When You Are Hurt or Injured on the Job in Texas?
If you’ve been hurt at work or have contracted an occupational disease, and your employer subscribes to the Texas workers’ compensation system, you’ll want to notify your employer as soon as possible, so that your workers’ compensation claim can be filed. Once your employer has been notified of your injury or illness, he/she must notify the workers’ compensation insurance company, which will then evaluate your claim and make an initial determination. If your claim is initially rejected, you have the right to appeal.
Though you may be inclined to immediately notify your employer of any injury or illness, it will usually be in your best interests to retain legal counsel first. Your attorney can then act as your liaison with both your employer and the workers’ compensation insurance company, helping expedite your claim. Furthermore, your lawyer can advise you, so that you don’t make any statements or take any action that could jeopardize your claim.
If your employer does not participate in the Texas workers’ compensation program, you will need to file a personal injury lawsuit in court to get compensation for your losses. In such a situation, the sooner you hire qualified legal counsel, the better your rights will be protected.
How Do You Qualify for Workers’ Compensation Benefits in Texas?
To be eligible to receive work comp payments in Texas, you only need to establish that you were hurt and that your injury was “work-related.” As a general rule, you can still receive workers’ compensation, even if you were hurt on a break, while traveling outside of the office or at a work-related social event. A proven workers’ compensation lawyer can help you determine your eligibility.
What Are the Common Reasons for Arlington, Texas Workplace Accidents
Most workplace injury claims in Texas involve trauma or illness caused by:
- Repetitive stress or motion—This includes injuries suffered from continual or repeated pushing, pulling, standing, sitting, kneeling, typing, squeezing, or lifting
- Overexertion—Working long hours without any break, lifting unreasonably heavy objects, or engaging in other work that puts undue or unreasonable stress on your back, knees, legs or any other part of your body
- The faulty design, malfunction or breakdown of dangerous or defective tools, machinery, equipment or products
- Slips, trips and falls caused by worksite debris, tools, equipment or building materials
- Unsafe work environments, including working conditions without appropriate necessary safety measures or adequate lighting
- Exposure to toxic or hazardous chemicals, substances or other materials
- Assaults or other acts of violence in the workplace
- Work-related stress, tension or anxiety
What Types of Work-Related Injuries are Most Common in Arlington
The injuries most frequently reported by workers in Arlington include:
- Lacerations, contusions and broken bones from slips, trips and falls
- Neck, back and leg injury due to overexertion or repetitive stress or motion
- Cuts and scratches from box cutters, letter openers, tools and office equipment
- Herniated, bulging or slipped discs from lifting, bending, squatting, pulling or pushing
What Damages Can You Expect to Recover in a Workers’ Compensation Claim?
A Texas workers’ compensation claim will include payment for lost income caused by a work-related injury, as well as coverage or reimbursement for all reasonable and necessary medical expenses resulting from your injury. In some situations, if you are unable to return to your previous job, you may be entitled to vocational rehabilitation benefits. Additionally, if a family member died in work-related accident, you may be eligible for death benefits, including the costs of funeral and burial.
How Does Texas Calculate the Amount of Workers’ Compensation Benefits Paid?
To calculate your weekly benefits check, you first need to determine what your average weekly wage (AWW) was for the 13 weeks immediately preceding your injury. That amount includes more than just your wages—health insurance premiums, car allowance and many other benefits are also part of the equation. The benefits payable to you are capped at 70% of your average weekly wage, but you won’t have any income tax liability based on your benefits.
Can You File a Personal Injury Lawsuit against Your Employer in Arlington, Texas?
As a general rule, workers’ compensation will be your exclusive remedy for any work-related injuries, assuming your employer subscribes to the Texas workers’ compensation system. If your employer does not participate in the state’s work comp program, you have the right to file a personal injury lawsuit seeking damages (and must do so if you expect to recover compensation for your losses). These types of claims will customarily be based on a legal theory of negligence, which requires that you prove that your employer failed to act reasonably, causing the accident that led to your injury or illness. A personal injury lawsuit must be filed within 24 months of the date of your injury or of the date you should reasonably have known that you were suffering from a workplace injury or illness. You won’t be limited to 70% of your average weekly wage, but the lawsuit may not be resolved for years.
How Bailey & Galyen Can Protect Your Rights in an Arlington Workers’ Compensation Claim
At Bailey & Galyen, we have fought for the rights of injured workers throughout Texas for more than 40 years. We have a comprehensive knowledge and understanding of the Texas workers’ compensation laws and can help you at any stage of the workers’ compensation process, whether you have just been hurt or your claim has already been rejected. We’ll prepare and file all documents required throughout the workers’ compensation process, and will represent you in all hearings, meetings or proceedings, including any appeals.
We Represent Injured Workers in All Types of Workers’ Compensation Claims
At Bailey & Galyen, we fight for injured workers who have suffered any type of physical or emotional injury as a result of any type of workplace accident. Our attorneys handle work comp claims involving occupational illness or disease and will also help you seek benefits if you have suffered mental injury or illness as a result of your employment.
Contact Us for a Free Case Evaluation to Protect Your Rights and Your Paycheck
Get all the benefits you need and deserve! Let Bailey and Galyen help you recover full and fair compensation after an Arlington, Texas workplace injury.
At Bailey & Galyen, we are committed to your total satisfaction. We can take your call anytime, 24 hours a day, seven days a week. We will set up an evening or weekend meeting, if necessary, and can travel for an appointment.
We offer a free initial consultation to anyone who has been hurt on the job. Call our offices at 1-844-402-2992 or contact us by e-mail to set up an appointment. We handle all personal injury claims on a contingency basis. We will only charge attorney fees if we recover compensation for your losses.