Were you or a loved one injured on the job in Houston, Texas? Texas workers’ compensation laws can be difficult to navigate. An experienced Houston workers’ compensation lawyer at Simon & O’Rourke Car Accident & Personal Injury Lawyers can help you seek compensation for all of your work-related damages.
With over 43 years of experience in personal injury laws, you can rest assured that we have the skills to get the full compensation you deserve. Since we opened our practice, we’ve recovered tens of millions of dollars for injury victims and their families.
Now, we’re ready to stand up and pursue the compensation you need. Contact our law offices in Houston, Texas, at (281) 667-4081 to learn more about your legal rights and options today. Your consultation is always free.
How Can Simon & O’Rourke Car Accident & Personal Injury Lawyers Help With My Workers’ Compensation Claim in Houston, TX?
A serious injury or illness can put your life on hold in an instant. You’re dealing with pain and trauma. Now, your ability to earn a living is also in jeopardy. If you were harmed because of something work-related, it’s important to know your rights.
The system in Texas is particularly complicated. Injured workers often face an uphill battle when it comes to recovering workers’ comp benefits. An experienced Houston personal injury lawyer at Simon & O’Rourke Car Accident & Personal Injury Lawyers can help with every aspect of your case.
When you hire our team, you gain an advocate to:
- Handle the paperwork and claims process
- Collect evidence to prove your injuries were work-related
- Determine who was responsible
- Identify all options for recovering compensation
- Protect you when someone challenges your right to benefits
- Handle the appeals process if your claim was denied
If you have questions about your right to benefits, reach out to our Houston personal injury attorneys for a free consultation today. It’s never too early to start fighting for a fair deal.
How Common Are Work-Related Accidents in Texas?
Private employers in Texas reported over 165,000 workplace injuries and illnesses in a recent year. Those injuries occurred across all industries, from agriculture to manufacturing, construction and transportation, and warehousing. At least 564 Texas workers were killed in fatal workplace injuries that year.
Texas Workers’ Compensation Laws Can Be Complicated: Understanding the System is Key
Workers’ compensation provides medical coverage and wage replacement for employees who have been hurt by something work-related. With few exceptions, coverage is generally available regardless of who caused the injury.
Most states strictly require employers to carry workers’ compensation insurance. In Texas, employers have a choice. That can complicate matters in workplace injury cases. The system you’ll be working with depends on whether your employer opts into the workers’ compensation system.
Employers in Texas essentially have three choices:
- Carry traditional no-fault workers’ compensation insurance
- Buy private insurance to cover employee injury claims
- Remain uninsured and subject to personal injury claims
Your employer’s choice impacts your rights. If your employer carries workers’ comp, you’ll file a claim for benefits with their insurance company. If they don’t, you retain your right to file a lawsuit and pursue compensation under state personal injury laws.
How Do I Know Whether I Am Covered by Workers’ Compensation in Houston?
Your employer should provide notice about whether they have elected to carry workers’ compensation insurance.
When your employer buys coverage, your injuries are covered if:
- You were classified as an employee of a Texas employer
- You were injured in the course of employment or developed an occupational illness
- You didn’t intentionally inflict your injuries
- You were not intoxicated
You don’t have to prove your employer caused your injuries. Proof of fault only becomes relevant if your employer is a non-subscriber who opted out of the insurance system.
How Much Money is My Houston Workers’ Compensation Case Worth?
Your workers’ compensation case value depends entirely on the facts.
As our lawyers are calculating your case value, we’ll assess:
- The nature of your injuries
- Your medical costs
- Your average wages prior to the disability
- Whether you can work in any limited capacity during recovery, and your impairment rating
- Whether your injuries are temporary or permanent
- Whether your earnings will remain impaired even after reaching maximum medical improvement (MMI)
- The duration of your recovery period
- Whether your claim is for workers’ compensation or is based on personal injury law
Workers’ compensation should cover any medical expenses you incur due to your work injury or illness. Disability benefits, however, are limited by state law. The most you can receive is $1,219 per week if your injury occurred during 2025 (the relevant cap changes each year).
What Types of Benefits Are Available Under Texas Workers’ Compensation Laws?
In addition to medical benefits, workers’ compensation offers the following types of benefits, depending on the nature and severity of your injuries:
- Temporary income benefits (TIBs) if your earnings are reduced for at least seven days due to the injury or illness
- Impairment income benefits (IIBs) for certain injuries deemed to impact body as a whole and impair your earning capacity
- Supplemental income benefits (SIBs) if your earnings are still impaired after your IIBs expire
- Lifetime income benefits (LIBs) for permanent and severe injuries
- Death benefits and burial costs to help the surviving families of fatal work accident victims
These are the types of benefits that are available. That doesn’t mean you’ll automatically receive the benefits you deserve. Contacting an experienced workplace injury lawyer is the best way to ensure you’re receiving fair workers’ compensation benefits.
What Happens if My Employer Does Not Carry Workers’ Compensation Insurance in Texas?
Employers without workers’ compensation insurance aren’t protected against lawsuits. You can sue for damages and seek compensation for any economic and non-economic loss you’ve suffered.
Those damages may include:
- Past and future medical expenses
- Lost wages
- Reduced earning potential
- Skilled nursing care
- Rehabilitation and specialized therapies
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- PTSD
- Diminished quality of life
- Physical disfigurement and scarring
- Loss of consortium
You may also have the right to pursue additional damages if your employer carries workers’ compensation, but someone else was responsible for your injuries.
How Much Does it Cost to Hire a Workers’ Compensation Lawyer?
Most firms work on a contingency fee basis. You’ll agree to pay a percentage of your settlement or verdict when you hire your lawyer. These contingency fees are charged in the end and make upfront fees unnecessary.
What Happens to My Right to Workers’ Compensation Benefits If I’m Being Blamed for a Workplace Accident in Texas?
Assuming your employer has workers’ compensation, nothing. Unless you intentionally hurt yourself, you’ll be covered even if the accident was your fault.
When employers don’t carry workers’ comp, Texas modified comparative negligence rules apply. You aren’t barred from seeking compensation. The impact of shared fault on your compensation award depends on how much blame is yours. You lose your right to damages in a personal injury case once your share of fault exceeds 50%.
Workers’ Compensation Covers All Types of Work-Related Injuries and Illnesses
Our top-rated Houston workers’ compensation attorneys handle all types of cases, including those involving:
- Broken bones
- Back injuries
- Concussions
- Dislocations
- Shoulder injuries
- Eye and facial injuries
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Hearing damage
- Occupational injuries
- Organ damage
- Burns
- Amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
Quality legal representation can make a world of difference in your case. If you have questions about your right to workers’ comp, call Simon & O’Rourke Car Accident & Personal Injury Lawyers to schedule a free case review today.
What Causes Most Workplace Injuries in Houston?
Workplace injuries and illnesses occur in all industries.
Our attorneys handle any type of workers’ compensation claim, including:
- Slip and fall accidents
- Construction accidents
- Injuries involving heavy lifting
- Motor vehicle accidents
- Falls from roofs and ladders
- Scaffolding accidents and falls
- Heavy machinery accidents
- Warehouse accidents
- Manufacturing accidents
- Hospitality industry accidents
- Medical industry accidents
- Repetitive motion injuries
- Accidents caused by falling objects
- Occupational illness or disease
- Agriculture accidents
Any type of job-related injury or illness qualifies you for workers’ comp benefits. Call to arrange a free consultation today if you were hurt in the workplace in Houston.
How Long Do I Have to File a Claim for Workers’ Compensation After a Workplace Accident in Texas?
You have 30 days to notify your employer about the injury or a diagnosis. To file a formal complaint, you must complete an “Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease” and send it to the Division of Workers’ Compensation (DWC) within one year of the injury.
If you retain your right to sue for damages, you have two years from the date of the injury to take legal action.
Contact a Leading Houston Workers’ Compensation Lawyer for a Free Consultation
You’ve already suffered injuries that were severe enough to prevent you from working. An insurance battle is the last thing you need. To get help recovering fair compensation, call an experienced Houston workers’ compensation lawyer at Simon & O’Rourke Car Accident & Personal Injury Lawyers for a free case review today.
