WORKPLACE ACCIDENTS FAQ

If you’ve been injured on the job, you probably have questions about what your next steps should be and how you receive compensation. Here, we discuss the most commonly asked questions about workplace accidents. For a full evaluation of your case, including how much compensation you could receive, contact the experienced legal team at the Law Offices of Colby Lewis.

  • Can I sue my employer for a work injury in Texas?

    It depends. If you are injured on the job and your employer carries workers’ compensation, you would file a claim that way. If your employer does not have workers’ compensation insurance, then you could file a personal injury lawsuit for your injuries. You may also be able to sue if the injuries are related to a third party.

  • What is the statute of limitations on work injury in Texas?

    An injured worker has two years to file a workers’ compensation claim. However, an employee only has 30 days to report an injury to their workplace supervisor.

  • What are your rights if you get injured at work in Texas?

    Injured workers have the right to be compensated for their injuries. To do this, you can file a workers’ compensation claim if your employer carries the insurance. In Texas, it is up to the employer whether or not they offer workers’ compensation. If they don’t, you also have the option to file a personal injury lawsuit.

  • How much is the average payout from a workers’ compensation claim?

    While there is a set formula for calculating a workers’ compensation claim, the amount of compensation you receive will depend largely on the unique circumstances of your case.

  • How long do I have to report an injury to my supervisor?

    In Texas, a worker only has 30 days to report an injury to their employer. Failure to do so will bar recovery for your claim.

  • Can my workers’ compensation claim be denied?

    According to Texas Labor Code Chapter 451, employers cannot retaliate against an employee for filing a claim. However, an employee can be fired if the termination is due to misconduct.

  • Can my workers’ compensation claim be denied?

    Yes, you may experience a claim denial. The most common reason for denial is the allegation that your injuries did not occur at work or while performing job-related tasks. Other reasons for denial include:

    • You failed to notify a supervisor of your injuries within 30 days of the accident
    • Your injury was caused by your intoxication, impairment or horseplay
    • You did not receive medical treatment or did not receive treatment from an approved medical provider
    • Failed to follow doctor’s orders
    • Failed to file your workers’ compensation claim on time
    • You have a pre-existing condition

    When your claim is denied, you have the right to appeal the decision. Because appeals can be complicated and tricky, it’s best to solicit the expertise of an experienced workers’ compensation attorney.

    This is an example of why it is so important to both receive prompt medical attention to prove causation of your injuries and to consult with an experienced workers’ compensation attorney who can use the evidence to build an airtight case.

  • What happens if I have to take a lower paying job because of my injuries?

    Sometimes an employee is unable to go back to their original job because of their injuries. They may be forced to take a different job that pays less. In these cases, if your impairment is 15% or more you may be eligible to receive supplemental income for up to 401 weeks. This equals 80% of the difference between 80% of your average weekly wage and your weekly wages after the injury.

  • I filed a workers’ compensation claim but it doesn’t cover all of my expenses. Can I file a lawsuit to recoup my losses?

    No, if your employer has workers’ compensation insurance that is the proper avenue for you to receive compensation. A workers’ compensation claim won’t always cover all your expenses. For instance, these types of claims do not include compensation for intangible damages such as pain and suffering. You cannot file a supplementary personal injury claim for these types of losses.

  • Your worker’s compensation claim is in good hands with Colby Lewis

    Get started on your workers’ compensation claim with Colby Lewis Whatever your workers’ compensation question, workplace accident lawyer Colby Lewis is here to address your concerns and guide you throughout the claim process. Our legal team is dedicated to making sure you are compensated fully and fairly when on-the-job accidents occur. Contact ustoday to get started on your workers’ compensation or personal injury claim.