Allen Workers Compensation Lawyer

Workers Compensation Attorney in Allen, TX

You count on being able to go to work every day to be able to provide for yourself or your family. But all of a sudden, you are injured while performing your job. Workers’ compensation is supposed to help pay your medical bills and lost wages due to workplace injury.

If you are in a workplace accident or have an illness due to hazardous working conditions, you should know your legal rights and the steps you should take to resolve any workplace injury or illness issues. If you work for a company and are injured, a workers’ compensation lawyer will help you navigate the complicated process. They will advise you on handling your workers’ compensation case, which may help you get all the benefits you’re entitled to.

Is Workers’ Compensation the Same as Occupational Accident Insurance?

Employers obtain workers’ compensation insurance from insurance companies that compensate employees injured or ill because of a work-related hazard. Employers are not obligated to have a compensation system for injured employees. However, for those offering coverage, some employers carry workers’ compensation insurance, while others select occupational accidental insurance plans. There are differences between the two, so it’s essential to know which one the employer has to know your rights if you are injured.

Workers’ compensation is a state-regulated program that provides payments for medical expenses and lost wages when an employee is injured and cannot continue to work. Workers’ compensation pays for the medical costs and lost wages incurred presently. It also pays for medical expenses that may occur years after the accident or illness occurred, legal fees, and lost-income benefits. 

Occupational accident insurance has coverage limits that will only cover medical expenses and lost wages when it reaches those limits. If the compensation is insufficient, you may file a suit against the employer to recover financial losses not covered within those limits, pain and suffering, punitive damages, and legal fees. 

Usually, you only have 24 hours to give notification of the injury, and the appeals process for occupational accident insurance varies depending on the policy. This type of insurance may limit access to medical care too. The state does not recognize occupational accident insurance as a viable alternative to workers’ compensation.

The Process of Filing a Workers’ Compensation Claim in Texas

When you are injured at work or find yourself ill because of a hazardous work condition, you must report it to your employer within 30 days. The Texas Division of Workers’ Compensation (DWC) will send the following documents to you:

• Notice of injury letter (CS-41)
• Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease (DWC Form-041)
• Injured employee rights and responsibilities
• Return-to-work information
• Injured employee checklist

When you receive the packet, you may submit a completed DWC form-041 within one year of the injury date or learning of a work-related illness. Also, in the packet, you will notice a page that lists your rights and responsibilities. Pay particular attention to the rights that you have, such as:

• You have the right to hire a workers compensation attorney to help with your claim
• You have the right to receive medical care as long as it’s medically necessary and related to the workplace injury incident
• You have the right to receive income benefits
• You have the right to choose the doctor that will treat you

If you disagree with the insurance carrier about the amount of medical or income benefits you’re receiving, you have a right to dispute resolution. You have a right to request a Medical Dispute Resolution or an Indemnity (Income) Dispute Resolution when questioning the benefits you’re receiving from the insurance company.

How Do I Dispute Workers’ Compensation Benefits in Texas?

There are many reasons that you may have to start the dispute resolution process when applying for workers’ compensation or already receiving workers’ compensation. First, the insurance carrier may deny coverage, saying that your injury or illness is not work-related and you shouldn’t receive benefits. They may dispute that you shouldn’t be covered because of how you got injured, arguing that it was because of rowdiness or intoxication. Finally, the insurance carrier may question the amount of income benefits to compensate you for and how to calculate the income benefits.

When there is a dispute, you should first see a workers comp attorney in Allen to talk about it. Your Allen workers compensation attorney will advise you on the steps available to resolve the conflict. First, you must speak with the insurance carrier about the issue. There may have been a misunderstanding, which you and the insurance company may resolve at this level before it goes any further. However, if there is no resolution with the insurance company, you have other options, including: 

• Benefit review conferences
• Contested case hearings or arbitrations
• The Appeals Panel
• Judicial review

The Appeals Panel is the last step in the DWC’s dispute resolution process. However, you may appeal that decision through judicial review in a court of law. Your workers compensation attorney will prepare you for each resolution step if necessary. 

You should know that when you receive workers’ compensation benefits, you cannot file a lawsuit against the employer even if the employer’s negligence caused you harm. It’s important to see a workers compensation attorney to help you get all the benefits you’re entitled to under workers’ compensation.  

Get a Free Consultation From an Allen Workers’ Compensation Lawyer Today

Dale Rose understands that you may be worried that workers’ compensation may not be enough to handle all of the financial burdens you may have during this time of struggle. That’s why he offers a free consultation to answer any questions you may have about your case.

Employees injured in the workplace or exposed to working conditions that have resulted in illness or injury have turned to Dale Rose to help them get the compensation they need. To schedule a free consultation, contact us at (972) 634-ROSE (7673) or complete our contact form.