Texas Workers’ Compensation: What You’re Entitled To

Workplace injuries can happen in any industry at any time. That’s why many employers invest in workers’ compensation insurance. With workers’ compensation coverage, injured employees can file claims to recover money to help them recover without worrying about missing work. However, the exact compensation you’re entitled to may not be what you expect. Here’s what your Texas workplace injury attorney wants you to know before you file your claim.

You’re Entitled to a Portion of Your Wages

Workers’ compensation gives you the ability to recover a portion of your wages while you’re recovering from an on-the-job injury. The amount of money you’ll receive will depend on the average number of hours you work and your current salary. However, most injured workers are able to receive between 70-75% of their income with a successful workers’ compensation claim. 

You’ll receive that money until you return to work or when you’ve received benefits for the maximum two-year time limit. 

Compensation for Medical Treatment

You may be entitled to compensation for any medical treatments and appointments resulting from your workplace injury. There is no maximum amount you can receive and the average payout varies based on the type of injury and the types of treatments needed to help you recover.

You may be eligible to receive compensation until you’re healed or until the injury is not expected to get better with further medical treatment. Your doctor and any specialists involved in your recovery can help you determine that threshold. 

Supplemental Income

If your injuries are more severe and you’re unable to work due to that work-related injury after two years, you may be entitled to supplemental income benefits. This payout is typically about 80% of your income minus any money you earn by returning to work in a different position or with restricted duties. 

Death Benefits 

If the work-related injury results in death, your family may be entitled to receive death benefits and burial cost coverage. Typically, families may receive up to $10,000 to help cover final expenses and burial costs. Keep in mind that most funerals and final expenses can be significantly higher. These benefits are designed to help families reduce out-of-pocket expenses, not cover them completely.

What Happens When You File

When you file for workers’ compensation through your employer, their insurance provider will review your claim and decide if you’re entitled to compensation. If you’ve gone to the doctor and documented the injuries you received, your claim should be approved. However, if the insurance provider finds any reason to question the legitimacy of your claim, they may choose to deny the claim. 

Luckily, you’re able to appeal the decision and, if you submit additional documentation showing why the injury should be covered, you may be able to get them to reverse their decision.

Why You Should Consult With a Texas Workplace Injury Attorney

Remember, workers’ compensation insurance providers are businesses and it’s in their best interest to deny claims whenever possible. This is why you should always consult with a Texas workplace injury attorney as soon as possible after your accident. They’ll help you file your workers’ compensation claim and can oversee the appeal process if needed. 

And if your employer doesn’t have workers’ compensation insurance, they can help you decide if suing your employer for your accident is a good next step. If you decide to sue for damages, your attorney can represent your case and increase your chances of getting a fair payout from your employer. Even better, they’ll help hold your employer accountable for their actions to reduce the risk of injuries like yours happening to someone else in the future.

Schedule a Consultation

At the Law Office of Sandy McCorquodale, P.C., our team understands that missing work and losing income due to a work-related injury can be stressful. We’ll help you with your workers’ compensation claim so you can get the money you need to focus on your recovery. Contact us today to schedule a consultation.