Question 1

Does my employer in Texas have to carry workers' compensation insurance?

Accepted Answer

No. Texas is the only state in the United States that does not require private employers to carry workers' compensation insurance. Employers who opt out are called 'non-subscribers.' If your employer is a subscriber, you are covered by the Texas Workers' Compensation Act and must file through the workers' comp system. If your employer is a non-subscriber, you cannot file a workers' comp claim - but you can sue your employer directly in civil court for negligence, and the employer cannot use the standard defenses of contributory negligence or assumption of risk. You can find out if your employer carries workers' comp by checking the Texas Department of Insurance Division of Workers' Compensation database. Carabin Shaw can check this for you immediately - call 800-862-1260.

Question 2

What injuries are covered by Texas workers' compensation?

Accepted Answer

Texas workers' compensation covers any injury that arises out of and in the course of employment. This includes: (1) Traumatic physical injuries - broken bones, back injuries, knee injuries, head injuries, and lacerations. (2) Repetitive trauma injuries - carpal tunnel syndrome, tendinitis, and hearing loss caused by repeated workplace exposure. (3) Occupational diseases - asbestosis, dermatitis, asthma, and other conditions caused by workplace chemical or environmental exposure. (4) Work-induced heart attacks or strokes - if the work activity was a contributing cause. (5) Disfigurement and scarring of the face, neck, or hands. (6) Loss of use of limbs. (7) Work-related mental trauma in limited circumstances. Benefits cover medical expenses, income replacement, impairment income, and death benefits for surviving family members.

Question 3

What benefits can I receive from Texas workers' compensation?

Accepted Answer

Texas workers' compensation provides four main types of income benefits: (1) Temporary Income Benefits (TIBs) - paid while you are unable to work or working reduced hours during recovery, equal to 70% of the difference between your pre-injury and post-injury wages. (2) Impairment Income Benefits (IIBs) - paid after you reach maximum medical improvement if you have a permanent impairment rating, equal to 70% of your average weekly wage for a set number of weeks. (3) Supplemental Income Benefits (SIBs) - paid after IIBs end if you have at least a 15% impairment rating and cannot earn 80% of your pre-injury wages. (4) Lifetime Income Benefits (LIBs) - paid for life if you suffer a catastrophic injury such as total blindness, loss of both hands or feet, or a severe brain injury. Workers' comp also covers all reasonable and necessary medical treatment related to your work injury.

Question 4

My workers' compensation claim was denied in Texas. What can I do?

Accepted Answer

If your Texas workers' compensation claim is denied, you have the right to dispute the denial through the Texas Division of Workers' Compensation (DWC) dispute resolution process. The steps are: (1) Request a Benefit Review Conference (BRC) - an informal meeting with a DWC benefit review officer to try to resolve the dispute. (2) If unresolved, request a Contested Case Hearing (CCH) before a DWC hearing officer. (3) If you disagree with the CCH decision, you can appeal to the DWC Appeals Panel. (4) After exhausting administrative remedies, you may file a lawsuit in district court. Deadlines are strict at every stage. Carabin Shaw handles denied workers' comp claims and can guide you through every step of the dispute process. Call 800-862-1260.

Question 5

Can I sue someone other than my employer if I was injured at work in Texas?

Accepted Answer

Yes. Even if your employer carries workers' compensation, you may be able to file a separate personal injury lawsuit against a negligent third party - someone other than your employer - whose actions contributed to your injury. Common third-party defendants in Texas work injury cases include: general contractors or subcontractors on a job site, equipment or machinery manufacturers (product liability), property owners where the work was performed, and drivers who caused a vehicle accident while you were working. A third-party lawsuit allows you to recover damages not available through workers' comp, including full lost wages, pain and suffering, and mental anguish. Carabin Shaw handles both workers' comp claims and third-party lawsuits simultaneously to maximize your total recovery.

Question 6

Can my employer retaliate against me for filing a workers' compensation claim in Texas?

Accepted Answer

No. Texas law prohibits employers from retaliating against employees for filing a workers' compensation claim or hiring a workers' comp attorney. Under Texas Labor Code Section 451.001, it is illegal for an employer to discharge, discriminate against, or otherwise retaliate against an employee for filing a workers' comp claim in good faith. If your employer fires you, demotes you, reduces your hours, or takes any adverse action because you filed a claim, you may have a separate retaliation lawsuit against your employer. Damages in a retaliation case can include lost wages, reinstatement, and additional compensation. Contact Carabin Shaw at 800-862-1260 immediately if you believe you are being retaliated against.

Question 7

How long do I have to file a workers' compensation claim in Texas?

Accepted Answer

In Texas, you must report your work injury to your employer within 30 days of the injury or within 30 days of when you knew or should have known the injury was work-related. You must then file a formal workers' compensation claim with the Texas Division of Workers' Compensation within one year of the date of injury. For occupational diseases, the one-year clock runs from the date you knew or should have known the disease was work-related. Missing these deadlines can permanently bar your claim. If you were injured at work, report it to your employer immediately and contact Carabin Shaw at 800-862-1260 to protect your rights.

Question 8

Do I need a lawyer for a Texas workers' compensation claim?

Accepted Answer

You do not always need an attorney for a straightforward workers' comp claim. However, you should contact Carabin Shaw immediately if: your claim has been denied; the insurance carrier is disputing the extent of your injury; you are facing a permanent disability or impairment rating; your employer is retaliating against you; the settlement offer does not cover your full medical expenses or lost wages; or a third party contributed to your injury. Workers' comp insurance carriers have experienced adjusters and attorneys working to minimize your claim. Having Carabin Shaw on your side levels the playing field. We never charge for an initial consultation and only get paid if we win. Call 800-862-1260.

Question 9

What is an impairment rating and how does it affect my Texas workers' comp benefits?

Accepted Answer

An impairment rating is a percentage assigned by a doctor that measures the permanent loss of function caused by your work injury after you have reached maximum medical improvement (MMI). In Texas, impairment ratings are assigned using the American Medical Association Guides to the Evaluation of Permanent Impairment. Your impairment rating directly determines how many weeks of Impairment Income Benefits (IIBs) you receive - three weeks of benefits for each percentage point of impairment. For example, a 10% impairment rating entitles you to 30 weeks of IIBs. If your impairment rating is 15% or higher and you cannot earn 80% of your pre-injury wages after IIBs end, you may also qualify for Supplemental Income Benefits (SIBs). Disputing an impairment rating you believe is too low is one of the most common and important reasons to hire a workers' comp attorney.