Helping Injured Clients in Austin and Central Texas - Hablamos Español (512) 474-0222
Call for a Free Case Evaluation (512) 474-0222
Call for a Free Case Evaluation (512) 474-0222

Austin Workers’ Compensation Lawyer

Free Consultation
Austin Workers’ Compensation Lawyer

Are you struggling with painful injuries after a workplace injury in Austin, TX? Navigating the workers’ compensation system isn’t always easy. An experienced Austin workers’ compensation lawyer at McMinn Personal Injury Lawyers can fight to ensure you’re receiving the full benefits you deserve. We know how to take on the insurance companies and are ready to fight for every dollar you deserve.

Our leading personal injury lawyers have over 40 years of experience advocating for clients like you. Our track record of success includes over $500 million in settlements and verdicts. Our team is ready to evaluate your rights under Texas personal injury and workers’ compensation laws. Call our law offices in Austin, Texas, at (512) 474-0222 to schedule your free consultation today.

Why Trust McMinn Personal Injury Lawyers for Help With Your Workers’ Compensation Claim in Austin

Why Trust McMinn Personal Injury Lawyers for Help With Your Workers’ Compensation Claim in Austin

You’re already dealing with injuries that are so serious you’ve been forced to miss work. You shouldn’t have to add a legal battle to your burden. Hiring an experienced Austin personal injury lawyer is the best way to give yourself time to rest and recover.

Our founding attorney at McMinn Personal Injury Lawyers has been recognized as one of the top 10 trial lawyers in Texas by the American Institute of Personal Injury Attorneys. 

When you hire our trusted Austin personal injury attorneys, you’ll benefit from a team who will:

  • Listen to your story and explain all legal options
  • Identify all sources of financial compensation
  • Handle the paperwork and ensure your claim documents are accurate and on time
  • Assess your case value and fight for the full amount you deserve
  • Protect you if your employer challenges your right to benefits 
  • File a lawsuit and fight for full compensation if your employer doesn’t have workers’ compensation insurance

Recovering full workers’ compensation benefits can be critical to your future. If you or a loved one were injured on the job, contact our team today to learn more about your legal rights.

Overview of Texas Workers’ Compensation Laws

Workers’ compensation provides income and medical coverage to employees who suffer injuries on the job or develop illnesses because of something work-related. To receive benefits, the injury or illness must have been sustained in the course of employment.

In most states, it’s mandatory for employers to carry workers’ comp insurance. Texas law gives employers the right to choose whether to purchase workers’ comp or opt out of the system. 

Texas employers can typically:

  • Carry traditional workers’ compensation insurance
  • Self-insure 
  • Choose to remain uninsured

Employers who choose to carry workers’ compensation insurance are protected against lawsuits. Instead of suing for damages, you’ll file a claim against your employer’s insurance policy.

How Do I Know Whether I’m Entitled to Workers’ Compensation Benefits in Texas?

Injured employees don’t have to file lawsuits to receive benefits. In other words, you don’t have to prove that your employer was somehow responsible for your injuries. 

You’re entitled to workers’ compensation benefits if:

  • Your employer carried workers’ compensation
  • You were an employee
  • You were injured in the course of employment

Workers’ compensation is a no-fault system, so you don’t have to prove liability. Instead, your case will likely depend on whether you were injured or developed an illness while performing work-related duties.

What Happens if an Employer in Austin Doesn’t Carry Workers’ Compensation Insurance?

You retain your right to file a lawsuit against your employer if they opt out of the workers’ compensation system. You can also file a personal injury lawsuit against a negligent third party who caused your injuries.

The workplace can be a dangerous place even if you don’t work in a traditionally dangerous industry. 

In 2023, private employers in Texas reported over 175,000 workplace injuries to the Texas Department of Insurance. Over 107,000 of those injuries were serious enough to require time off work or job restrictions.

Our attorneys in Austin handle all types of workplace injury claims, including those involving:

  • Slip and fall accidents
  • Construction accidents
  • Falls from roofs, ladders, and heights
  • Scaffolding accidents
  • Heavy machinery accidents
  • Warehouse accidents
  • Manufacturing accidents
  • Entertainment industry accidents
  • Hospitality industry accidents
  • Medical industry accidents
  • Motor vehicle accidents
  • Repetitive motion injuries
  • Injuries involving heavy lifting
  • Occupational illness or disease
  • Agriculture accidents

If you were injured on the job, don’t hesitate to reach out to our law firm to explore your legal options today.

How Much Money Is My Austin Workers’ Compensation Case Worth?

Your case value will depend on a few different factors, including:

  • Your average weekly wages prior to the injury
  • Your level of impairment
  • How much you can earn during recovery, if anything
  • The length of your recovery
  • Whether your earnings remain impaired even after reaching maximum medical improvement
  • The identity of the at-fault party
  • Whether your employer carries workers’ comp

Your workers’ compensation benefits check is always capped by Texas state law. In 2025, the weekly maximum will increase to $1,219 (up from $1,174 in 2024). Even if your average weekly wages were much higher prior to the disability, this is the maximum amount you can receive each week via a workers’ compensation claim.

If you have the right to file a personal injury lawsuit, you can seek compensation for the full value of your losses. Both your economic and non-economic losses will be relevant in assessing your case value.

What Types of Workers’ Compensation Benefits Are Available to Workplace Accident Victims in Texas?

Depending on the nature of your disability, the following types of benefits may be available:

  • Temporary income benefits (TIBs) to replace about 70% of your wages if you miss at least seven days because of the disability
  • Impairment income benefits (IIBs) for injuries that impact your body as a whole, based on your specific impairment rating after reaching MMI
  • Supplemental income benefits (SIBs) if your IIBs have ended and your impairment rating is at least 15%
  • Lifetime income benefits (LIBs) for permanent disabilities or certain types of severe injuries
  • Death benefits for survivors in cases involving fatal workplace injuries
  • Burial benefits to cover the costs of a deceased employee’s funeral expenses

Workers’ compensation also covers all reasonable and necessary medical expenses to treat your injuries. Your employer must tell you whether you have the right to choose your own doctor. Depending on your employer’s coverage, you may be required to use an approved doctor. 

What Types of Damages Can I Recover if My Employer Doesn’t Have Workers’ Compensation Coverage?

Examples of the types of damages you might receive include:

  • Past and future medical expenses
  • Your full lost wages
  • Reduced earning potential in cases involving long-term disability
  • Physical therapy
  • Rehabilitation 
  • Property damage
  • Pain and suffering
  • Emotional distress
  • PTSD
  • Lost quality of life
  • Physical disfigurement or scarring
  • Loss of consortium

Your damages will depend on the specific losses the injury or illness has caused.

How Much Does it Cost to Hire a Workers’ Compensation Lawyer in Texas?

McMinn Personal Injury Lawyers works on a contingency fee basis. You can hire our Austin workers’ compensation attorneys without paying any up-front fees. Once your case is resolved, you’ll pay a percentage of your settlement or verdict.

Can Texas Shared Fault Laws Impact My Right to Workers’ Compensation Benefits?

With limited exceptions, you can receive workers’ compensation benefits regardless of who caused your injuries. 

In contrast, your compensation will be impacted if you share fault in a personal injury lawsuit. Under Texas modified comparative negligence laws, you lose your right to compensation once your share of fault reaches 51%. If you share some blame but less than 51% of the blame, your compensation is reduced by your share of fault.

Our Attorneys in Austin Are Ready to Fight to Recover Compensation for All of Your Injuries

Our team at McMinn Personal Injury Lawyers is prepared to help regardless of the nature of your injuries.

We often represent clients who have suffered:

We also handle cases involving occupational illnesses and diseases. If you’re struggling because of something work-related, contact us today to discuss your case.

How Long Do I Have to File a Workers’ Compensation Claim After a Workplace Accident in Texas?

You must notify your employer about your injury within 30 days of the accident. After you notify your employer, they’ll provide you with a claim document. You must send that completed document to the Division of Workers’ Compensation (DWC) within one year of the injury or diagnosis.

In personal injury cases, work accident victims have two years to file a lawsuit for damages.

Contact a Trusted Austin Workers’ Compensation Lawyer for a Free Consultation

Our team at McMinn Personal Injury Lawyers has decades of experience advocating for clients like you. Contact our team to schedule a free consultation with an experienced Austin workers’ compensation lawyer today to learn more about how we can fight for you.

Google Rating
4.9
Based on 204 reviews
×
js_loader
Call Now Button