Experienced Workplace Injury Lawyers

WORKERS’ COMPENSATION BENEFITS IN TEXAS

In the state of Texas, there are four categories of workers' compensation benefits, all of which provide financial support in the event of a work-related injury or illness. While we do not handle worker's compensation cases at The Riff Law Firm, we do specialize in seeking compensation through personal injury avenues when such coverage is unavailable, ensuring you receive the support and representation needed for your specific situation. A few benefits of having workers’ compensation include:

1. Temporary Income Benefits (TIBs):

   • Temporary income benefits are available to workers who are absent from work for more than seven days due to a work-related injury. These days need not be consecutive or within the same week. Temporary benefits amount to 70% or 75% of the worker's average weekly wage before the injury.

2. Impairment Income Benefits (IIBs):

   • Workers who sustain permanent bodily damage as a result of a workplace injury may be eligible for IIBs. These benefits equal 70% of the worker's average weekly wage before the injury, are not contingent on the ability to work, and may continue even after the injured worker returns to their job.

3. Supplemental Income Benefits (SIBs):

   • SIBs are designed for injured workers with permanent damage who have not returned to work or are earning less than they did before the injury. Recipients must reapply for Supplemental Income Benefits every three months. These benefits amount to 80% of the difference between 80% of the employee's average weekly wage before the injury and their current weekly earnings after the injury.

4. Lifetime Income Benefits (LIBs):

   • Workers who sustain certain severe injuries, such as blindness, brain injuries, or the loss of two limbs, may be eligible for LIBs. These benefits are equivalent to 75% of the worker's average weekly wage before the injury, with a 3% cost-of-living increase each year. There is no time limit on this benefit.

In addition to these benefits, there are provisions to cover final expenses or wrongful death:

• Medical benefits cover reasonable and necessary medical expenses for treating work-related injuries or illnesses.

• Burial benefits provide up to $10,000 to cover funeral expenses for the person who paid those costs.

• Death benefits assist families by replacing 75% of the lost income when an employee dies due to a work-related injury or illness. For spouses of first responders, death benefits can be lifelong, even in the event of remarriage (for marriages on or after September 1, 2017).

WHY DID MY WORKERS’ COMPENSATION CLAIM GET DENIED?

Having workers' compensation coverage does not guarantee the success of your claim. You must demonstrate to the Division of Workers' Compensation that your injury occurred at work while performing job-related duties, which may undergo scrutiny. Many injured residents of Texas file claims for workplace injuries only to face rejection. Some common reasons for claim denial include:

1. Failing to file a claim or notice in a timely manner.

2. Suspicions that you may be at fault for the work accident.

3. The injury did not occur in the workplace.

4. Not seeking medical treatment from an approved provider designated by your employer.

5. Lack of medical treatment altogether.

6. Insufficient evidence to support the claim.

If your initial claim is denied, you still have options to seek compensation after a work injury. You can file an appeal with the Division or proceed with a lawsuit, depending on the specific circumstances surrounding your workplace injuries and potential defendants involved. It is advisable to consult with a workers' compensation attorney in Houston, Texas before taking further action.

CAN I SUE MY EMPLOYER FOR A WORK INJURY?

In most cases, employees cannot sue their employers for injuries related to their job. Texas state workers' compensation serves as an alternative to suing employers. Employers are obligated to cover most employee injuries regardless of fault, and, in return, they are protected from most personal injury lawsuits.

However, some exceptions allow injured workers to sue their employers. These situations include:

1. Intentional harm by the employer.

2. Gross negligence on the part of the employer.

3. Denial of the workers' compensation claim in bad faith.

4. The employer is the manufacturer of the product that caused the injury.

5. The worker's injury resulted from an accident involving a contractor or subcontractor with whom the employer has a business relationship.

6. The worker is classified as an independent contractor.

An injured worker may pursue a third-party personal injury claim against a contractor, subcontractor, property owner, or any other individual or company found responsible for their workplace accident. None of these parties are immune to legal action.

It is highly recommended to consult with a work injury lawyer to gain a deeper understanding of employer exceptions and third-party personal injury lawsuits and how they apply to your specific work injury claim.

HOW MUCH DOES IT COST TO HIRE A PERSONAL INJURY ATTORNEY? 

 At The Riff Law Firm, we believe in making justice accessible without adding financial burden to our clients. That's why we operate on a contingency fee basis. This means NO RECOVERY - NO FEE. In other words, our clients don't pay us any fees upfront or throughout the legal process. Instead, we only collect our fee from the total recovery after deducting case expenses and fees for medical providers. The settlement amount is deposited into our IOLTA bank account, where we subtract necessary expenses and our fee. The remaining funds are then disbursed directly to the client. With The Riff Law Firm, our clients can pursue their rightful compensation without worrying, knowing they never have to pay us directly.