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Austin Workers’ Compensation FAQ

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Austin Workers’ Compensation FAQ

Every year, people are injured on the job. The United States Bureau of Labor Statistics reports that 2.6 million people suffered nonfatal job-related injuries and illnesses in 2023. If you were injured on the job in Austin, TX, you may have questions about your legal rights and recovery. 

The Austin workers’ compensation lawyers at McMinn Personal Injury Lawyers have over 40 years of combined experience. Our legal team has recovered over $500 million for our clients.

We can answer any questions you have about your workers’ compensation claim during a free case review. Call us today to get started at (512) 474-0222

How McMinn Personal Injury Lawyers Can Help With a Workers’ Compensation Claim in Austin, Texas

How McMinn Personal Injury Lawyers Can Help With a Workers’ Compensation Claim in Austin, Texas

If you have been injured in an accident on the job in Austin, Texas, you may be entitled to workers’ compensation benefits for your injuries. Workers’ compensation can cover medical expenses, a portion of lost wages, and funeral expenses in the event of a death. 

At McMinn Personal Injury Lawyers, we have the experience and resources to skillfully handle your claim. Members of our legal team have been recognized by Super Lawyers, America’s Top 100 Personal Injury Attorneys, and The National Trial Lawyers. 

When you hire our Austin workers’ compensation lawyers, we can help by:

  • Investigating the accident 
  • Preparing your legal claim 
  • Reviewing your paperwork
  • Filing an appeal, if necessary

Contact our law office to schedule a free consultation with an Austin personal injury attorney.

Do I Need a Workers’ Compensation Attorney in Texas? 

It is up to you whether you hire a workers’ compensation lawyer, but there are many situations in which you might need help with your claim.

These include the following:

  • You have a pre-existing condition.
  • Your employer refuses to submit your claim.
  • You are cleared to work sooner than you believe you can return to work.
  • Your claim has been denied. 
  • Your employer has requested you take an independent medical exam (IME). 
  • You want someone to review a complicated insurance policy.

Whatever your situation is, we can help you sort through it and protect your legal rights.

What Is Workers’ Compensation?

Workers’ compensation is a no-fault insurance system that provides coverage if an employee suffers an injury or illness while working and performing job duties within the scope of their employment. When employers have workers’ compensation insurance, an injured employee can file a claim for coverage rather than having to sue their employer. 

Is Workers’ Compensation Required in Texas?

According to the Texas Department of Insurance, most private employers in Texas are not required to purchase workers’ compensation insurance. Still, many choose to purchase this insurance because it can protect them from lawsuits from injured employees. However, employers with workers’ compensation can be sued if an employee suffered fatal injuries (i.e., wrongful death) due to gross negligence.

What Types of Injuries Does Workers’ Compensation Cover?

The most common type of workers’ compensation claim involves an accident. For example, a worker may have slipped and fallen while working. However, workers’ compensation can also cover other types of injuries and illnesses, including:

  • Workplace illnesses, such as respiratory diseases or cancer due to exposure to harmful substances
  • Repetitive motion injuries, such as carpal tunnel syndrome
  • Injuries due to prolonged exposure, such as hearing damage
  • Mental health injuries related to the job, such as Post-Traumatic Stress Disorder (PTSD) and depression

You can find out if your injury is compensable by contacting our law firm.

What Benefits Does Workers’ Compensation Provide?

Texas workers’ compensation benefits include:

  • Income benefits to replace a portion of lost wages, which depend on your average weekly wage and the type and severity of your injury 
  • Medical benefits to pay for the reasonable and necessary medical care after an injury or illness sustained on the job
  • Burial benefits if the accident is fatal
  • Death benefits to survivors

Notably, workers’ compensation does not provide compensation for pain and suffering. You would have to file a personal injury claim to receive payment for these and other non-economic damages. 

What Does Workers’ Compensation Not Cover?

 Workers’ compensation generally does not cover your injuries if they:

  • Were caused by intentional self-harm
  • Occurred while horseplaying or while intoxicated
  • Were caused by someone else for a reason unrelated to the job
  • Happened outside work or while voluntarily participating in an off-duty sports or social event

Additionally, workers’ compensation claims do not generally cover injuries caused by acts of God, such as hurricanes and tornadoes.

What Should I Do After I’m Injured on the Job?

Steps you can take to protect your rights and strengthen the likelihood of having your claim approved include:

  • Seek immediate medical attention. 
  • Report your injury or illness to your employer as soon as possible. 
  • Record details about the accident. 
  • Ask for any witnesses’ contact information.
  • Follow your doctor’s advice.
  • Keep all your medical appointments.  
  • Keep track of all your medical records.

By following these steps, you can protect not only your legal rights but also your personal health.

What Is the Statute of Limitations to File a Workers’ Compensation Claim in Texas?

You must report your injury to your employer within 30 days. Texas law also has a one-year time limit for you to file a workers’ compensation claim. However, there are exceptions when you may have more time, such as if you were not initially aware of the injury, so it’s in your best interest to consult an experienced workers’ compensation lawyer to determine the deadline that applies in your case. 

Contact an Austin Workers’ Compensation Lawyer for a Free Consultation

Workers’ compensation claims can be complex. Many workers are intimidated by the process. McMinn Personal Injury Lawyers can help you with your claim. If you have questions following these Austin workers’ compensation FAQs, don’t hesitate to reach out to us for additional information and support. We offer free, no-obligation consultations. 

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