If you suffered an illness or injury at work, do not hesitate to contact The DJF Law Firm, PLLC to learn about your available options. You might be entitled to benefits through your employer’s workers’ compensation insurance.

Texas doesn’t require employers to provide their workers with workers’ compensation coverage. That means you might be unable to file a benefits claim if you get hurt on the job. However, other options are available to recover the compensation you need. For example, you could file a lawsuit if a third party is at fault for the workplace accident.

The DJF Law Firm, PLLC understands the importance of receiving the money you need to pay for medical treatment and other expenses. Our Houston work injury attorneys have the experience and resources necessary to protect our clients and advocate for their rights in their time of need.

Call us at 832-529-3476 for a free consultation to learn more about what we can do for you.

Common Causes of Occupational Accidents

Various factors can contribute to someone’s work injury. You don’t have to be in a dangerous occupation to get hurt. Even office workers can sustain injuries by falling down the stairs or using faulty equipment. The most common causes of workplace injuries include:

Construction accidents – Construction sites are loaded with opportunities for injury. From carrying equipment and materials from place to place to being struck by a forklift or other construction vehicle, the potential for injury is significant.
Workplace electrocution accidents – Even if your job doesn’t require working with electricity, you could receive a shock from job-related equipment or even just from plugging in a device.
Explosion injuries – If you work at a chemical plant or refinery, explosion injuries can be commonplace on your job site.
Maritime injuries – People who work offshore and are injured on the job may be able to obtain benefits under the Jones Act.
Oil and gas worker injuries – When you work on an oil rig or in a refinery, injuries are not uncommon. Benefits can be provided under the Longshoreman’s Act or the Outer Continental Shelf Land Act if your injuries took place offshore.
Industrial accidents – Industrial accidents are those that occur in an industrial setting. These accidents could take place in a plant or manufacturing facility. Broadly speaking, all the injuries listed below are also considered industrial accidents.
Struck by an object – An unsecured object can fall off a shelf and hit an employee in the head as they walk underneath.
Vehicle collisions – Workers’ compensation doesn’t cover injuries that occur when an employee is off the clock. However, if your job requires you to drive and you get into an accident, you could pursue benefits for your injury.
Fires and explosions – Handling chemicals requires taking safety precautions. Flammable substances could spark a fire or lead to an explosion on a job site.
Hazards – A third party, such as a contractor or building owner, could be at fault for dangerous working conditions. You could sue them if the hazard you encounter causes your injury.
Slip/trip and falls – Anyone could slip or trip and fall at work. You might be entitled to workers’ compensation benefits if the incident occurs while you’re performing your job-related duties.
Fall from heights – Some occupations require working on ladders, roofs, or scaffolding. If you fall and get hurt, you could pursue benefits to cover your medical care and other costs.
Overexertion – An overexertion injury can result from lifting heavy objects or completing physically demanding tasks.
Toxic exposure – Working with toxic chemicals is dangerous. An employee could breathe in toxic fumes or gases and develop a serious illness.

If your injury or illness occurred while you were at work, contact The DJF Law Firm, PLLC immediately. We can determine whether your employer has workers’ compensation insurance and file a claim on your behalf. We will aggressively pursue the benefits you are entitled to so you can treat your injury and get your life back on track.

Common Types of Workplace Injuries

Workers’ compensation covers a range of work-related injuries, such as:

Nerve damage
Neck and back injuries
Dislocated joints
Torn ligaments or tendons
Paralysis
Carpal tunnel syndrome
Traumatic brain injury
Spinal cord injury
Burn injuries
Overexertion injury
Electrical shock
Broken bones

Workers’ compensation also provides benefits for numerous occupational illnesses, including:

Different forms of cancer
Mesothelioma
Asthma and other respiratory illnesses
Infectious diseases
Musculoskeletal disorders
Cardiovascular disease
Hearing loss
Occupational dermatitis
Mental illnesses, such as anxiety and depression
Exposure to chemical agents

You deserve to recover benefits even if your job-related medical condition is minor. The DJF Law Firm, PLLC can investigate the incident and advise whether you qualify for workers’ compensation coverage. You can count on our team to handle the complicated claims process so you can focus on your recovery.

Workers’ Compensation Benefits Available for Work Injuries

You can file a workers’ compensation claim for any illness or injury you suffer while you’re at work if your job caused the condition. You are automatically entitled to medical benefits if your employer has workers’ compensation insurance.

Medical benefits pay for all reasonable and necessary treatment for your work-related medical condition. Coverage begins immediately after you suffer an illness or injury at work.

If your employer’s workers’ compensation plan is in a healthcare network, you must seek treatment from an approved doctor in that network. You might have to pay for your expenses out of pocket if you see a physician who isn’t in the network and don’t get prior approval from the network.

If you begin treating with a medical provider you don’t like, you could switch to someone else. However, you must submit a written request to the Division of Workers’ Compensation for approval.

Income Benefits

Workers’ compensation insurance also provides four types of income benefits depending on the circumstances of your injury or illness. The available income benefits include:

Temporary income benefits – You are entitled to temporary income benefits (TIB) if you lose some or all of your wages for more than seven days due to a work-related injury or illness. Benefit payments are 70 percent of the difference between your average weekly wage (AWW) before and after the occupational accident. TIB coverage ends when you earn your average weekly wage again, your doctor places you at maximum medical improvement, or 104 weeks pass since the eighth day of your job-related medical condition.
Impairment income benefits – Impairment income benefits (IIB) are available if the illness or injury you sustained affects your body as a whole. Benefits are 70 percent of your average weekly wage. The duration of your payments will depend on the impairment rating you receive from your doctor. An impairment rating is a percentage based on the permanency of your injury. Each percentage is worth three weeks of benefits. For example, if your doctor gives you a 10 percent impairment rating, your benefits will last for thirty weeks.
Supplemental income benefits – You can collect supplemental income benefits (SIB) when your IIB payments end. To qualify for IIBs, you must show that you’re actively seeking employment, have an impairment rating of at least 15 percent, haven’t returned to your job or returned and make less than 80 percent of your AWW due to your injury, and haven’t accepted a lump-sum payment.
Lifetime income benefits – You could receive lifetime income benefits (LIB) if you have a qualifying injury. Payments are 75 percent of your average weekly wage. Payments increase by three percent every year.

Burial and Death Benefits

If your loved one died in a workplace accident, you could file a claim for burial and death benefits. Workers’ compensation insurance only provides payments to eligible family members, including:

Surviving spouse
Minor children
Dependent grandchildren
Children under 25 only if they are enrolled in a university or accredited college
Other dependent relatives
Non-dependent parents if there are no surviving dependent family members

Benefits start the day after the employee’s death. Payments are 75 percent of the worker’s average weekly wage. An eligible beneficiary will continue receiving payments until they don’t meet the requirements for death benefits.

For example, a surviving spouse can collect benefit payments for the rest of their life unless they get married again.

The person who paid for burial expenses can receive burial benefits. They must file the claim within twelve months of the employee’s death and provide copies of the bills.

Compensation for Work-Related Injuries in a Third-Party Lawsuit

If you collect workers’ compensation benefits, workers’ compensation laws prohibit you from suing your employer. However, you could file a third-party lawsuit if someone else’s negligence caused your injury in an occupational accident.

For example, a contractor might be at fault for negligently leaving their tools in a walkway, creating a trip hazard. Or a maintenance worker could be liable for failing to repair a defective elevator in your office building.

When you file a third-party lawsuit, you could receive compensation for your:

Hospital and medical bills
Lost wages
Lost earning capacity
Mental anguish
Pain and suffering

You might also be able to recover exemplary damages. This type of financial award punishes the defendant for their actions. You must show clear and convincing evidence that your injury resulted from the at-fault party’s gross negligence, fraud, or malice.

If you want to sue a third party for compensation, you must comply with the statute of limitations. In Texas, the statute of limitations allows a two-year timeframe to file a lawsuit. That means you have two years from the date of the occupational accident to initiate your lawsuit against the negligent party.

Contact Us

The DJF Law Firm, PLLC believes in protecting the rights of injured workers in Houston. We know how to handle workers’ compensation claims successfully. When you hire us, we will investigate the accident and gather evidence to prove you are entitled to benefits. If the insurance company denies your claim, we can file an appeal and fight for the benefits you deserve.

If you suffered a job-related injury or illness, contact The DJF Law Firm, PLLC today for legal assistance. We can help you with your claim for benefits or third-party lawsuit. One of our Houston work injury attorneys will be happy to discuss your case with you and advise whether we can represent you. Call us at 832-529-3476 for your free consultation.

Cases We Handle

Houston Work Injury Attorneys

Houston Truck Accident Attorneys

Houston Traumatic Brain Injury Attorneys

Houston Train Accident Lawyers

Houston Sports Injuries Attorneys

Houston Public Transportation Accident Attorneys

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