McAllen Workers Compensation Lawyer
Workers compensation benefits are a safety net for injured employees. If you’re facing claim denials, struggling with benefits problems, or feeling unsure of how to proceed, speak with a McAllen workers comp attorney.
While it may seem like common sense that everyone should be able to receive compensation when they’re injured on the job, it’s not always easy to recover workers comp.
For instance, many employers may encourage their employees not to file a claim because the filing of a claim almost always increases the premiums the employer pays for work comp insurance.
Fortunately, the law permits workplace accident victims to recover compensation under most circumstances, even if they were partially at fault. To boost your chance of receiving the workers comp benefits to which you are entitled, contact a McAllen workers comp lawyer at J.A. Davis & Associates, LLP today.
First and foremost, it should be clarified that employers in Texas are not required to carry workers comp insurance. However, it’s prudent for employers to purchase workers comp because injured employees can often sue for damages in court if their employers fail to carry work comp coverage.
Your occupation doesn’t matter when applying for workers comp benefits—you could be a nurse, bus driver, rocket scientist, or anything else. Regardless of your profession, you may be eligible for benefits regardless of whether your employer was directly responsible for your accident.
Still, as a workplace accident victim in McAllen, you must typically meet a handful of criteria, which include the following:
- Your injuries must have occurred as a result of performing regular job duties.
- You must report any and all injuries to your employer within thirty days of the date of your accident.
- You will need to receive a medical report from a qualified physician that confirms that your injuries were sustained in a workplace incident.
Because it is not always easy to meet all of these requirements, some employers may try to skirt their responsibility to you. A McAllen work comp lawyer at J.A. Davis & Associates, LLP can help you avoid the traps your employer may try to set.
Work Comp Denials in McAllen
Sometimes, workplace accident victims have suffered from a legitimate injury but have their claim denied. This can happen for a variety of reasons, which include the following:
- The injury or claim being reported after the relevant deadline
- An employer disputing the worker’s claim
- The claim revolving around a hard-to-prove, stress-related injury
- A lack of medical treatment for the injury
- An inability to prove that the accident occurred due to workplace-related hazards
In some cases, an employer may call into question your request for a specific physician or procedure, although your rights in these kinds of matters are usually protected by Texas law.
Whether your claim has been limited or blocked outright by an employer, it helps to have an experienced McAllen workers comp denial lawyer by your side. We will examine your denial letter, your initial claim documents, and the relevant details of your workplace accident. Then, we’ll push for the compensation you deserve.
In broad strokes, workers comp usually covers an employee’s lost wages, along with any medical expenses that arise as a result of the accident.
Workers comp benefits can be split into one of four general categories, which are the following:
- Income Benefits – This includes any lost wages attributable to your McAllen work-related injury or illness. Within this category are temporary income benefits, impairment income benefits, supplemental income benefits, and lifetime income benefits.
- Medical Benefits – This includes the cost of any medical care to address your work-related illness or injury.
- Burial Benefits – Should an employee die from his or her injuries, this covers any costs incurred by loved ones to provide for the burial of that individual.
- Death Benefits – This accounts for any income a family might have lost as a result of an employed relative passing away because of a work injury in McAllen.
There are, of course, minimum and maximum amounts that can be recovered for income benefits in the state of Texas.
To help ensure that your compensation comes closer to the maximum, we recommend speaking with an experienced McAllen workers comp benefits lawyer before accepting any benefit offer. Initially, you may very well be offered much less than what you’re entitled to.
Don’t Let Fear Hold You Back
Many workplace accident victims are afraid to claim workers comp benefits—they worry that their employers may retaliate against them, for example. And some employers might openly complain about their premiums going up due to claims or declare that their premiums are increasing exponentially thanks to an influx of injury cases.
Ultimately, you should simply worry about getting the compensation you deserve, regardless of what anyone else, including your employer, thinks. It might comfort you to know that you cannot legally be punished for making a workers comp claim, contrary to what many believe.
Should you feel unduly pressured at any point, we recommend retaining the services of a McAllen workers compensation lawyer at J.A. Davis & Associates, LLP.
McAllen Workers Comp FAQ
Over the years, we have received numerous inquiries from McAllen injury victims about how workers comp works, so we will attempt to address some of the most common questions we receive.
If you have any questions that pertain to your workers comp claim, don’t hesitate to reach out to a McAllen work comp attorney at J.A. Davis & Associates, LLP.
Can I receive workers comp benefits on top of Social Security Disability Insurance benefits?
One common question is whether an employee can receive both workers comp and Social Security Disability Insurance (SSDI) benefits for a single injury. The answer is often yes, but your compensation cannot, in most cases, exceed a certain portion of your total pre-injury wages.
While the eligibility standards for each program vary, the two don’t overlap: SSDI is a federal program, while workers comp programs are run by individual states.
Can I file an additional work comp claim for a similar injury in the future?
Another question we commonly receive is whether you can later file an additional claim for a similar but separate injury in the future. While there is no law preventing accident victims from recovering damages for a re-injury, it can be harder to win sufficient damages.
You will need to prove, for example, that your new injury arose from a completely separate incident or that it was worsened through duties performed on the job.
Am I eligible for personal injury compensation instead of workers comp?
Depending on your circumstances, you may be eligible for personal injury compensation. In most cases, you can’t sue your employer directly unless he or she was egregiously negligent with your safety or purposefully caused your injuries.
However, if a third party, such as the manufacturer of a defective product that injured you, is responsible for your McAllen workplace injury, you might be able to seek injury compensation. Personal injury claims often provide more compensation to victims than work comp benefits.
Consult a McAllen Workers Comp Attorney
For some, the process of filing for workers comp benefits is daunting. But if you team up with an attorney, you won’t be alone when you file a claim. You’ll have a qualified and experienced legal ally backing you up.
To help ensure you promptly receive a complete set of benefits, contact a McAllen workers comp lawyer at J.A. Davis & Associates, LLP today. Call us at 210-732-1062 or head to the bottom of this page to fill out our online contact form to schedule a free consultation.