If you have suffered from a work accident in Fredericksburg Tx, you likely have some questions about the legal process. A workers’ comp or personal injury claim will be your best chance of seeing compensation for the financial impact of your injuries. However, pursuing a claim can be complicated, and even a small mistake can significantly impact your likelihood of receiving a settlement.
The Fredericksburg work injury attorneys at Carabin Shaw can assist you. Our firm has several years of combined experience seeing clients through the process of a workers’ compensation claim.
To help prospective clients learn more about our services, our attorneys offer a free, no-obligation initial consultation and case review. To schedule yours, call 800-862-1260. Our telephone staff, who speak both English and Spanish, are available 24/7.
What You Should Know Before Filing a Workers’ Comp ClaimWorkers’ compensation allows employees who were injured at work to receive compensation for their medical expenses and for missed wages. Injured workers file workers’ comp claims internally through company insurance. The process might seem straightforward, but there are a few factors to consider before you begin your claim.
Workers’ comp claims have a deadline. An employee must file for workers’ comp either 30 days after their injury or, in some cases, 30 days after they became aware that their injury was the result of conditions at their workplace.
Workers’ comp payments do not include noneconomic damages. Serious injuries can impact your quality of life beyond your finances. You may suffer from chronic pain, reduced mobility, disfigurement, and loss of enjoyment in life as the result of your accident. If your workers’ comp claim is successful, you will only see compensation for your medical expenses and lost wages. Your settlement will not cover your noneconomic damages.
Not all Texas employers provide workers’ comp. Texas is unique in that it allows employers to “go bare” without coverage for workers’ comp. That means that, if your employer is a non-subscriber, your only legal option after a Fredericksburg Tx workplace accident will be a personal injury claim. A personal injury claim may take longer to resolve than a workers’ comp claim, and you and your lawyer will have to prove fault on the part of your employer. However, it could lead to a larger settlement as personal injury settlements take noneconomic damages into account.
Your employer will follow up with your doctor. In order to receive workers’ comp, you must provide your employer with your doctor’s information. They will keep in touch with your doctor to make sure that you are adequately following your treatment plan. It is possible that your employer will use these conversations to deny you payment. If they do, you may want to hire an experienced Fredericksburg work injury lawyer to advocate for you.
You do not have to accept an inadequate settlement. You have the right to dispute a payment that you believe does not cover the extent of your medical expenses and lost income. An experienced workers’ comp attorney can help you ensure that your dispute is persuasive.
Your employer cannot punish you for asserting your rights. If you feel that you are being discriminated against at work after filing a workers’ comp claim, submit an Employment Discrimination Complaint to the Texas Workforce Commission.
If you have any further questions about workers’ comp and personal injury claims, or if you are ready to begin your process, schedule a free consultation with a Carabin Shaw attorney at 800-862-1260. Take a look at some of Carabin Shaw’s client reviews for some insight into the experience of working with our legal team.