Let Bailey & Galyen Help You Get the Compensation You Need and Deserve | Our Experienced Workers’ Comp Lawyers Will Fight for Your Rights after a Workplace Injury!
When you’ve been hurt on the job, your first thoughts, once you’ve received the medical attention you need, are typically about your eligibility for workers’ compensation benefits. Texas takes a somewhat different approach to work comp, allowing employers to choose whether or not to subscribe to the state’s workers’ compensation system. If they do, you’ll file a work comp claim with your employer’s insurance carrier. If not, you’ll have to file a personal injury lawsuit in civil court. Nearly 80% of all employers in Texas choose to subscribe to workers’ compensation, so it’s likely that you’ll need assistance filing a work comp claim. The attorneys at Bailey & Galyen can help.
At Bailey & Galyen, we bring more than four decades of experience to people across the Lone Star State who have been hurt in any type of workplace accident or suffer from an illness that’s job-related. Over the last 40 years, we have recovered hundreds of millions of dollars in settlements and verdicts for personal injury victims across Texas. The hallmarks of our practice have always been hard work, dedication and a commitment to listen. We’ll listen closely to your story, so that we know what happened and what you need. We work hard to be available and accessible whenever you need to talk.
There’s no cost to get a free evaluation of your work-related injury claim. To schedule an appointment with a results-oriented Fort Worth workers’ compensation lawyer, contact us by email or call our offices at 844-402-2992.
How Can I Protect My Legal Rights in Texas When I am Hurt or Injured on the Job?
When you have suffered a workplace injury in Texas, and your employer participates in the Texas workers’ compensation system, your first course of action should be to notify your employer, so that a workers’ compensation claim can be filed. Your employer is required by law to 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.
If, on the other hand, your employer does not subscribe to the Texas workers’ compensation program, you will need to file a personal injury lawsuit in court to get compensation for your losses.
Qualifying for Workers’ Compensation in Texas
Under Texas law, you only need to show two things to be eligible for workers’ compensation benefits—that you were hurt and that your injury was “work-related.” In many instances, you can still receive workers’ compensation if you were hurt on a break, while traveling outside of the office or even at a work-related social event.
Common Causes of Fort Worth, Texas Workplace Accidents
The types of injuries most often arising on the job include trauma or other conditions caused by:
- Overexertion—Working too long without a break, lifting objects that are too heavy, or engaging in other activities that put undue stress on your body
- Repetitive stress or motion—This can include any type of body movement or action, including pushing, pulling, standing, sitting, kneeling, typing, squeezing, lifting or other motions
- Exposure to hazardous substances or materials
- The malfunction of dangerous or defective tools, machinery, equipment or products
- Slips, trips and falls caused by worksite debris, tools, equipment or building materials
- Failure to provide a safe work environment, including failure to employ appropriate or necessary safety measures or ensure adequate lighting
- Acts of violence in the workplace
- Work-related stress, tension or anxiety
The Most Frequent Work-Related Injuries in Fort Worth
The injuries most often reported by workers in the DFW metroplex include:
- Lacerations, contusions and fractures from slips and falls
- Neck, back and leg strains caused by overexertion or repetitive stress or motion
- Cuts from box cutters, letter openers, tools and office equipment
- Disc injuries from lifting, bending, squatting, pulling or pushing
What Can You Expect to Recover in a Workers’ Compensation Claim?
Workers’ compensation provides payments to replace lost income caused by a work-related injury. You can also seek payment or reimbursement of all reasonable and necessary medical expenses related to your injury. Under the right circumstances, if you are unable to return to your previous job, you may be entitled to vocational rehabilitation benefits. Additionally, if your loved died in work-related accident, you’ll be eligible for death benefits, including the costs of funeral and burial.
How Are Texas Workers’ Compensation Benefits Calculated?
To determine how much you’ll receive every week through a work comp claim, you first need to compute your average weekly wage (AWW) for the 13 weeks immediately preceding your injury. The calculation includes not only wages, but health insurance premiums, car allowance and most other benefits paid. The benefits payable to you are capped at 70% of your average weekly wage, but there’s no income tax due on your benefits.
Can You Sue Your Employer in Court for a Work Injury in Fort Worth, Texas?
Workers’ compensation is generally considered to be the exclusive remedy for any work-related injuries, provided your employer subscribes to the Texas workers’ compensation system. If your employer does not participate in work comp, you have the right to file a personal injury lawsuit seeking damages. As a practical matter, such a claim will be based on allegations of negligence. You must file such a claim 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 have the potential to recover more than you could in a workers’ compensation claim, but it may be years before you receive any payments.
How Bailey & Galyen Can Help with a Fort Worth Workers’ Compensation Claim
At Bailey & Galyen, we have successfully protected the rights of injured workers in Texas for more than four decades. We understand all aspects of the Texas workers’ compensation system and can help you at any stage of an application for benefits, 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.
At Bailey & Galyen, We Handle All Types of Workers’ Compensation Claims
We represent injured workers who have suffered physical or emotional injury as a result of any type of workplace accident. Our attorneys handle claims involving occupational illness or disease and will be your advocate 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 a 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.