Houston Workers Compensation Attorney
When workplace injuries occur in Houston, securing proper compensation for your medical bills, lost wages, and ongoing care can be challenging without experienced legal representation. At The West Law Office, PLLC, our Houston workers compensation attorney Sue E. West understands the complexities of Texas work injury laws and fights aggressively to protect injured workers’ rights throughout Harris County and surrounding areas.
Texas has some of the most complex work injury laws in the country, making it essential to have knowledgeable legal counsel on your side. Our law firm assists injured workers with workers’ compensation appeals, non-subscriber claims, and other workplace accident cases, ensuring you receive the maximum compensation available under Texas law.
Understanding Texas Workers Compensation Laws
Texas operates under a unique workers compensation system that differs significantly from other states. Unlike most states where employers are required to carry workers compensation insurance, Texas allows employers to opt out of the traditional workers compensation system. This creates two distinct categories of employers in Houston and throughout Texas.
Subscriber employers participate in the traditional workers compensation system and carry insurance coverage for workplace injuries. When you’re injured while working for a subscriber employer, you typically receive medical benefits and wage replacement through the workers compensation system, regardless of who was at fault for the accident.
Non-subscriber employers have chosen to opt out of the workers compensation system entirely. If you’re injured while working for a non-subscriber employer, you may need to file a personal injury lawsuit to recover compensation for your workplace injury. These cases often involve proving negligence on the part of your employer or co-workers.
Our experienced legal team helps injured workers navigate both scenarios, whether you’re dealing with a workers compensation claim or pursuing a non-subscriber lawsuit against your employer.
Common Workplace Injuries in Houston
Houston’s diverse economy includes major industries such as oil and gas, petrochemicals, shipping, construction, and healthcare. Each industry presents unique workplace hazards that can result in serious injuries. Our workers compensation lawyer has experience handling cases involving various types of workplace accidents and injuries.
Construction sites throughout Houston, from downtown high-rises to residential developments in Katy and Sugar Land, present numerous hazards including falls from heights, equipment accidents, and exposure to dangerous materials. The petrochemical industry along the Houston Ship Channel creates risks of chemical exposure, explosions, and industrial accidents that can cause catastrophic injuries.
Healthcare workers at the Texas Medical Center and other Houston area hospitals face risks of needle stick injuries, back injuries from patient lifting, and exposure to infectious diseases. Office workers may suffer repetitive stress injuries, slip and fall accidents, or injuries from defective equipment.
Regardless of your industry or the nature of your workplace injury, our legal team works diligently to ensure you receive appropriate medical treatment and financial compensation for your injuries. We understand that workplace injuries can impact every aspect of your life, from your ability to work and support your family to your long-term health and well-being.
Fighting Denied Workers Compensation Claims
Unfortunately, workers compensation claims are sometimes denied or disputed, leaving injured workers without the benefits they desperately need. Insurance companies may deny claims for various reasons, including disputes over whether an injury is work-related, questions about the severity of injuries, or procedural issues with claim filing.
When your workers compensation claim has been denied, you have the right to appeal the decision through the Texas Department of Insurance Division of Workers’ Compensation. The appeals process involves specific deadlines and procedural requirements that must be followed precisely to preserve your rights.
Our law firm has extensive experience handling workers compensation appeals and fighting for injured workers who have been wrongfully denied benefits. We thoroughly investigate the circumstances surrounding your workplace injury, gather medical evidence to support your claim, and present compelling arguments to administrative judges and review panels.
Similar to how we approach personal injury cases in Houston, we give each workers compensation case the individual attention it deserves, developing customized legal strategies to maximize your recovery.
Non-Subscriber Employer Claims
If you were injured while working for a non-subscriber employer, you may be entitled to pursue a personal injury lawsuit rather than a workers compensation claim. Non-subscriber cases often provide the opportunity to recover more substantial compensation than traditional workers compensation benefits, but they also involve different legal standards and requirements.
In non-subscriber cases, you must typically prove that your employer’s negligence contributed to your workplace injury. This might involve demonstrating that your employer failed to provide proper safety equipment, adequate training, or safe working conditions. You may also be able to hold your employer liable for the negligent actions of supervisors or co-workers.
Non-subscriber employers cannot use traditional workers compensation defenses such as assumption of risk or contributory negligence, which can strengthen your position in pursuing compensation. However, these cases require thorough investigation and skilled legal representation to build a strong case for maximum recovery.
Our legal team has the resources and experience necessary to take on large employers and their insurance companies. We work with accident reconstruction experts, medical professionals, and workplace safety specialists to build compelling cases for our clients.
Houston Workers Compensation FAQs
How do I know if my employer has workers compensation insurance?
You can check with the Texas Department of Insurance to determine whether your employer carries workers compensation coverage. Your employer should also post notices in the workplace indicating their workers compensation status. If you’re unsure, our legal team can help you investigate your employer’s coverage status.
What should I do immediately after a workplace injury?
Report your injury to your supervisor or human resources department as soon as possible, preferably in writing. Seek immediate medical attention for your injuries, even if they seem minor initially. Document the accident scene if possible and gather contact information from any witnesses. Keep detailed records of all medical treatment and communications with your employer.
How long do I have to report a workplace injury?
Under Texas law, you must report a workplace injury to your employer within 30 days of the accident or within 30 days of when you knew or should have known that your injury was work-related. Missing this deadline could jeopardize your ability to receive workers compensation benefits.
Can I choose my own doctor for a workplace injury?
If your employer has workers compensation insurance, they typically have the right to direct your medical care initially. However, you may have the right to change doctors under certain circumstances. Non-subscriber cases often provide more flexibility in choosing your medical providers.
What if my workers compensation claim is denied?
You have the right to appeal a denied workers compensation claim through the Texas Department of Insurance. The appeals process involves specific deadlines and procedures that must be followed carefully. Having experienced legal representation significantly improves your chances of a successful appeal.
Can I sue my employer if I’m injured at work?
If your employer has workers compensation insurance, you typically cannot sue them directly for workplace injuries. However, if your employer is a non-subscriber or if a third party caused your workplace injury, you may be able to pursue a personal injury lawsuit for additional compensation.
How much compensation can I receive for a workplace injury?
Compensation varies significantly depending on the severity of your injuries, your average weekly wage, and whether your employer has workers compensation insurance. Workers compensation benefits typically cover medical expenses and a portion of lost wages. Non-subscriber cases may provide compensation for pain and suffering, full lost wages, and other damages not available through workers compensation.
Serving Throughout Houston
- Downtown Houston
- Katy
- Sugar Land
- The Woodlands
- Pearland
- Pasadena
- League City
- Missouri City
- Spring
- Cypress
Contact a Houston Workers Compensation Lawyer Today
If you’ve been injured in a workplace accident, don’t wait to seek legal representation. The West Law Office, PLLC is committed to providing clients with experienced legal counsel and aggressive advocacy throughout the workers compensation process. Our Houston workers compensation lawyer Sue E. West understands the financial pressures facing injured workers and their families, which is why we work diligently to secure maximum compensation for medical bills, lost wages, and other damages. We know each case is different and provide each individual with the attention they deserve in a unique and customized manner. To schedule a free, completely confidential initial consultation about your workplace injury case, contact our law office today through our website at https://www.houstonpersonalinjury.law/.
