If you need help applying for workers’ compensation benefits or appealing a denied claim, contact The Benton Law Firm today. Occupational hazards exist in every industry. Whether climbing a ladder or sitting at a desk, you could suffer an injury or illness that prevents you from returning to work and earning a living. The loss of income and the cost of medical treatment you need can lead to crushing debt and undue stress. You shouldn’t be forced to pay for these expenses when the dangerous conditions weren’t your fault.
We often feel safe at work from any injuries, regardless of the type of industry we work in. However, any workplace can lend itself to injuries, whether you work in a shipyard, construction company, or office environment. A company should be able to guarantee workplace safety and, if not, should be responsible for any injuries their employees might sustain.
If you are hurt at work, figuring out who is to blame for your injuries can be confusing and frustrating. An experienced workplace injury attorney will work with you, listen to the facts of your case, and ultimately help determine who bears responsibility for your pain.
The attorneys at The Benton Law Firm have built our reputation on helping injury victims access the benefits they need to return to their lives. The compensation you may be entitled to will largely depend on the severity of your injury and the expenses you’ve incurred. When you are hurt, our lawyers help ensure you are awarded the full and fair amount you deserve.
Injuries profoundly impact your earning potential, both in the present and future. However, when you are injured at work, you have options. If you have been injured in a workplace accident, do not hesitate to contact an experienced Dallas work accident attorney. A workplace injury lawyer from The Benton Law Firm will do everything to support you during this time and help you access the resources you need to cope. We don’t shy away from complicated cases. When you need us, we are here for you. Call our office today at (214) 777-7777 for a free consultation.
Do I Need a Workplace Accident Attorney?
When an injury prevents you from working, it can impact the rest of your life. From preventing you from paying bills, providing for your family, or being able to afford the medical treatment you need, the negative impacts of an injury compound quickly. If you are serious about recovering the compensation you need to offset your losses, hire a workplace accident lawyer to work on your behalf.
An experienced attorney understands just how much results matter. As such, your lawyer will look at the economic and non-economic impact that you have endured. We can accurately determine how much compensation you can collect from the at-fault party based on our calculations.
Specifically, when a third party is responsible for your injuries, it is crucial to prove that the at-fault party acted negligently and that their negligence caused your injuries. The process for proving fault looks different depending on the unique factors of each case. If more than one party is responsible for your suffering, a workplace attorney will work to uncover every liable party and pursue every source of compensation.
Filing an injury claim alone can make a tough situation infinitely more complicated. You need to know that you are being supported. The help of a competent attorney can be a significant driving force in injury victims’ ability to make a meaningful recovery. When you find an injury lawyer that you trust, you can feel confident that your financial interests are being looked after and that someone cares about your future.
Why Hire The Benton Law Firm to Handle My Case?
The attorneys at The Benton Law Firm fight for people who need a champion. Our team is serious about helping injury victims recover the compensation they deserve when another person’s negligent actions threaten their health, mobility, financial stability, and quality of life. We know that one of your greatest assets is the ability to put your knowledge and skills to work to earn a living. When unsafe circumstances in your workplace threaten your livelihood, we put our legal prowess to work for you.
Our team has won millions of dollars for workers who’ve been put in harm’s way. In recognition of the high-dollar outcomes we achieve for our clients, we have been named to the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. We are unrelenting in our pursuit of justice for our clients because we understand the dire state that clients are in when they reach out to our firm for help. We take your pain seriously.
Our team believes that a strained financial situation should not prevent you from obtaining excellent legal representation. If you need help, the lawyers at The Benton Law Firm offer free case consultations and work on a contingency basis. That means unless we can successfully recover compensation for you, you do not pay. Obtaining the services of one of our workplace accident lawyers will not be an added financial burden to you at this difficult time.
How to Handle the Aftermath of an Occupational Injury
If you get hurt or develop an illness due to the hazardous conditions at your job, there are immediate steps you need to take to protect yourself. You should be able to file a claim with your employer’s workers’ compensation insurer to get the benefits you deserve. However, you could get a denied claim or reduced benefit payments if you miss a deadline or fail to seek adequate medical treatment.
You only have 30 days from the date of your injury or illness to report it to your employer. However, you should promptly inform them of what happened so you can begin the claims process. If you miss the deadline, you could lose your chance to get your expenses covered by workers’ comp coverage.
The Texas Division of Workers’ Compensation should provide you with a packet with instructions and forms. You’ll need to complete those forms and send copies back to the DWC within one year of the date of injury or illness. Be sure to send the originals to your employer’s insurance company.
Begin medical treatment immediately after the workplace accident. You must see a doctor approved by the insurance company to receive coverage for your medical expenses. If you see someone not on the approved list, you’ll have to pay for those appointments out-of-pocket.
You should also hire a Dallas workplace accident lawyer as soon as possible. We can investigate and collect evidence to submit to the insurance company. We must prove that your injury or illness occurred while performing your job duties. We have the resources to track witnesses, secure video footage, and obtain all medical records and documentation.
Most Common Causes of Workplace Accidents
There are an average of around 15 workplace deaths each day. Out of this number, approximately 20% of these deaths were in the construction industry.
Most deaths on construction sites include falls, object strikes, electrocution, and caught-in-between. The U.S. Occupational Safety & Health Administration (OSHA) refers to these injuries as the “Fatal Four,” noting that if companies eliminated risks leading to these injuries, deaths in construction zones would drop by 50%.
OSHA has noted the most common violations present in workplaces that can result in injuries:
- Fall protection
- Hazard communication standard
- Scaffolding requirements
- Respiratory protection
- Electrical and wiring methods
- Powered industrial trucks
- Control of hazardous energy
- Machinery and machine guarding
- Face and eye protection
While most of these violations seem geared toward specific industries, any company can have exposed wiring or dangerous hazards that can lead to falls or other injuries. Construction is not the only industry that employees are subject to hazardous conditions.
Other common work accidents include:
- Violent attacks
- Repetitive motion injuries (such as typing)
- Vehicle accidents
- Walking into injuries, such as walls, glass, tables
- Reaction injuries (caused by slipping or tripping)
- Overexertion injuries
- Motor vehicle accidents
- Slip/trip and fall
- Cancer and other diseases
- Psychological distress
- Exposure to toxic substances
Companies should have safety features to protect workers against workplace accidents and injuries. Any injuries you receive at work can devastate your life and financial situation. You should not be forced to pay for any medical bills and lost wages you are subject to due to a workplace injury.
Benefits You Can Pursue in a Workers’ Compensation Claim
You can file a workers’ comp claim if you’ve been injured at work, whether you can still work through your course of treatment. You’ll also want to file a claim if you can’t work or earn your usual wages and need benefit payments to supplement your lost income and pay for your treatment. There are four primary benefits you could pursue, depending on the circumstances of your case:
Income benefits can replace a portion of your lost income. There are four main types:
- Temporary income benefits – You might qualify if you get hurt or sick at work and stop earning some or all of your usual wages for longer than seven days. Your payment is 70% of your average weekly wages before and after the accident. Coverage begins on your eighth day of disability and ends once you earn your pre-injury wages, 104 weeks pass, or a doctor places you at maximum medical improvement.
- Impairment income benefits – You could collect benefits if your body becomes affected by your illness or injury. Your payment amounts will depend on the impairment rating your medical provider gives you. The rating is a percentage based on any permanent damage and how it affects your ability to function. Payments are 70% of your average weekly wage before becoming disabled and will continue based on your impairment rating. Each percentage point is equal to three weeks. So if your doctor provides a rating of 10%, you would receive benefits for up to 30 weeks.
- Supplemental income benefits – Once your impairment income benefits end, you can start collecting monthly payments from the insurance company. You must meet specific qualifications to be eligible for coverage. To calculate the amount you could receive, subtract the difference between 80% of your pre-and post-injury average weekly wages and take 80% of that number.
- Lifetime income benefits – The benefit payments you receive would be 75% of your average weekly wage. Every year, payments will increase by 3%. You can qualify for these benefits if you suffer from one of the qualifying injuries listed on the Texas Division of Workers’ Compensation website.
Medical benefits pay for all necessary and reasonable treatment you require for the illness or injury you suffered. Your claim for benefits must show that you’re treating with a doctor in the approved healthcare network. You could potentially end up paying your medical bills if you choose to see a doctor that isn’t in the network without getting approval from the DWC.
You might not feel satisfied with the healthcare professional you’re seeing. If you want to switch to a different physician, you might be able to, but you must get approval from the Division of Workers’ Compensation first. You’ll have to complete a written request and wait for their decision.
If you lose a loved one in a workplace accident, you could receive benefits to cover the funeral costs. Only the person who paid this expense will receive reimbursement. They must contact the workers’ comp insurance company within twelve months of the death and include copies of the bills.
Payments for death benefits are 75% of the deceased’s average weekly wage before suffering a fatal injury or illness at work. You must submit a beneficiary claim form within one year of your loved one’s death to recover benefit payments.
Only specific family members can pursue this type of claim, including:
- Minor children
- Children under 25 currently enrolled in an accredited university or college
- Non-dependent parents (if there isn’t another eligible relative)
- Dependent grandchildren
- Other relatives dependent on the deceased worker
Coverage begins the day after the employee dies and ends once the surviving family member no longer meets the requirements to collect benefits. For example, a surviving spouse can’t continue to receive payments if they legally remarry. Minor children will stop receiving payments once they turn 18 or 25 years old if they enroll in college.
Frequently Asked Questions
Following a workplace injury, we know you may feel confused about your next steps. Our lawyers are ready to address all of your concerns. Please review our frequently asked questions and contact us for a free consultation at (214) 777-7777.
Many Texas employers offer workers’ compensation benefits to employees who are injured on the job. Workers’ compensation is a specific type of insurance that can offset some of your expenses or lost wages. Though this can be helpful, if a third party has seriously hurt you, your workers’ compensation will likely not provide financial support for the full amount you are owed. By taking legal action against the party that harmed you, you can expect to reach a much more favorable resolution.
Yes. In Texas, injured parties can only collect compensation if they are less than 51% responsible for their injuries. This is known as the 51% Bar Rule, a type of modified comparative negligence followed by a handful of states. If you choose to file a claim, the at-fault party may push back and try to blame you for your injuries. If they can successfully prove that you are more responsible for your injuries than they are, you may not be able to recover the compensation you deserve. Hire a lawyer to defend you against false attacks and accusations to avoid this scenario.
While the period immediately following a serious injury can be stressful, contacting a lawyer as soon as possible is best. The more time your attorney has to collect evidence, reach out to witnesses, and begin investigating your case, the better your legal outcome will likely be. However, injury victims technically have up to two years to file an injury claim in Texas. So, at the very least, if you need to collect compensation from the responsible party, ensure that you take action within two years from the date of your injury. Otherwise, you may be unable to collect the compensation you need.
The Benton Law Firm Dallas Work Accident Attorneys
If you or a loved one have been injured in a workplace accident, do not wait to contact an attorney at The Benton Law Firm. Workplace injuries include various injuries that can happen anytime in any industry. They can lead to physical and mental disabilities that prevent workers from earning their usual income. When you can’t afford medical treatment or support your family, your injury becomes a significant burden.
Our Dallas injury attorney has years of experience in handling workplace accidents and understands many clients’ concerns in bringing a claim against their employer. However, if you have been injured due to your employer’s negligent behavior, you should not be responsible for covering all medical and related bills that are the result of your injuries. The Benton Law Firm will fight hard to recover the maximum workers’ compensation benefits you deserve. We can file an initial claim or appeal your denied claim and handle each step of the process for you.