Let Bailey & Galyen Help You Get the Benefits You Need after a Work-Related Injury
Navigating the complexities of workers' compensation in Bedford claims demands skilled guidance. Making seasoned Workers compensation lawyers in Bedford indispensable allies in securing rightful compensation for injured workers.
According to data gathered by the federal Bureau of Labor Statistics, between two and three million workers are hurt on the job every year. When you have suffered any type of injury in the workplace, your first thoughts are often about your eligibility for workers’ compensation benefits.
Though Texas takes a slightly different approach to workers’ compensation, as a practical matter, most injured workers in Texas have access to the work comp system. Regardless, when you have suffered any type of injury at work, you want a knowledgeable and proven lawyer to help you recover compensation for your losses. You want Bailey & Galyen.
At Bailey & Galyen, we have provided comprehensive legal counsel to injured people in Bedford and across Texas for more than four decades, including men and women who have suffered any type of injury or illness related to their employment.
Since we established our consumer law practice more than 40 years ago, we have helped our clients recover hundreds of millions of dollars in settlements and verdicts after a personal injury.
We built our reputation and practice on hard work, the highest levels of client service and an unwavering willingness to listen. We’ll take the time to learn the details of your case, as well as your needs and objectives, so that we can tailor our counsel to get the outcome you want.
We’ll immediately notify you of any developments in your case, and will carefully explain your options, as well as your prospects for success, so that you can make informed decisions that are in your best interests.
At Bailey & Galyen, we offer a free case evaluation to anyone who has suffered an injury or contracted an illness at work. To schedule an appointment with a results-oriented Bedford workers’ compensation lawyer, contact us by email or call our offices at 844-402-2992.
Why You Want to Contact a Knowledgeable Bedford Work Comp Attorney as Soon as Possible
In every other state, most employers are legally required to participate in the government’s workers’ compensation program. As a result, injured workers must generally turn to workers’ compensation for their recovery of loss—an injured worker may only file a civil lawsuit under limited circumstances.
In Texas, though, employers may choose not to subscribe to the state’s workers’ compensation system. As a consequence, they can be sued in court, and may have liability beyond the limits of workers’ compensation. As a practical matter, though, more than 70% of Texas employers subscribe to the state workers’ compensation system.
If your employer subscribes to the Texas workers’ compensation system, you’ll need to notify your employer of your injury or illness in a timely manner. Though you may think that’s the first thing you should do, you may be better served by hiring an experienced work comp attorney first, so that you immediately have a knowledgeable advocate.
Your attorney can notify your employer and can work with you to complete any required paperwork. Once your employer has received notice of your injury or illness, a claim will be filed with the workers’ compensation insurance company, which will make an initial determination. If your claim is denied, you have the right to appeal.
If your employer does not subscribe to the Texas workers’ compensation program, you must file a personal injury lawsuit in court to seek compensation for your losses. In such a situation, the sooner you hire qualified legal counsel, the better your rights will be protected.
What Must You Show to Be Eligible for Workers’ Compensation Benefits in Texas?
Technically, a workers’ compensation claim is a form of “strict liability” claim. That means that you don’t have to show that your employer was careless or negligent. Instead, to receive work comp payments in Texas, you only have to show two things:
1) That you suffered an injury, and
2) That your injury was “work-related.” In most instances, you can still be eligible for workers’ compensation benefits, even if you were hurt on a break, while traveling outside of the office or at a work-related social event.
What Are the Most Common Types of Workplace Accidents in Bedford, Texas?
Workplace injuries can run the gamut, but the types of injury claims most frequently made stem from:
· Repetitive stress or motion—Injuries caused by continual or repeated pushing, pulling, standing, sitting, kneeling, typing, squeezing, or lifting
· The careless or negligent design, manufacture or marketing of dangerous or defective tools, machinery, equipment or products
· Exposure to toxic or hazardous chemicals, substances or other materials
· Overexertion—Working too many hours without a break, lifting heavy objects, or doing any other work that overloads your back, knees, legs or any other part of your body
· Slips, trips and falls on worksite debris, tools, equipment or building materials
· Unsafe work environments, such as working conditions without appropriate necessary safety measures or adequate lighting
· Workplace violence, including fights or assaults
· Work-related stress, tension or anxiety
What Types of Injuries are Typically Suffered in Workplace Accidents in Bedford?
The injuries most commonly reported by workers include:
· Cuts, bruises and fractures from slips, trips and falls
· Neck, back and leg injury due to repetitive stress or motion, or to attempting to lift heavy weights
· Disc injuries caused by lifting, bending, squatting, pulling or pushing
· Cuts and scratches from box cutters, letter openers, tools and office equipment
What Types of Losses Are Covered by Texas Workers’ Compensation Benefits?
The benefits available through a Texas workers’ compensation claim include regular payments for lost income, as well as payment of or reimbursement for all reasonable and necessary medical expenses incurred because of your injury.
In addition, if your injuries prevent you from returning to your previous job, you may be eligible to receive vocational rehabilitation benefits. Furthermore, if a family member dies on the job, you may qualify for death benefits, including the costs of funeral and burial.
How Are Workers’ Compensation Benefits Calculated in Texas?
To determine the amount of benefits payable to you, the insurance company will first confirm your average weekly wage (AWW) for the 13 weeks immediately preceding your injury. That calculation includes more than just wages—health insurance premiums, car allowance and many other benefits will also be factored into the equation.
Benefits are capped at 70% of your average weekly wage, but there’s no income tax due on those benefits, so that amount you receive will be approximately the same as your previous take-home pay.
Is Workers’ Compensation Your Only Legal Recourse after a Bedford Work Injury?
If your employer participates in the Texas work comp system, the benefits available through a workers’ compensation claims will typically be your exclusive remedy. It’s important to understand, though, that the benefits available through a work comp claim are intended only to compensate you for the wrongful acts of your employer or a co-worker.
If your injuries were caused by some unrelated third party, such as the driver of a motor vehicle who causes a work-related accident or the manufacturer of a dangerous or defective tool or machine, you can file a third-party personal injury claim in court to recover damages from that party.
If your employer does not participate in the state’s work comp program, you must file a personal injury lawsuit seeking damages.
How Can Bailey & Galyen Help You When You Have Suffered a Workplace Injury in Bedford?
At Bailey & Galyen, we have obtained positive results for injured workers throughout Texas for more than four decades. We are intimately familiar with the Texas workers’ compensation laws and can help you at any stage of the workers’ compensation process, whether you have just been hurt or your claim has already been rejected.
We’ll prepare and file your application for benefits, as well as any other documents required to finalize and approve your claim. We will also be your representative in all hearings, meetings or proceedings, including any appeals.
Bailey & Galyen—Your Advocate in Any Type of Workers’ Compensation Claim
At Bailey & Galyen, we fight for injured workers who have suffered any type of physical or emotional injury in the workplace. Our lawyers take work comp claims involving occupational illness or disease and will also help you seek benefits for any mental injury or illness resulting from your employment.
Contact Our Offices for a Free Initial Consultation
Get all the benefits you need and deserve! Let Bailey and Galyen help you recover full and fair compensation after a Bedford, Texas workplace injury.
At Bailey & Galyen, we are committed to your total satisfaction. We can take your call anytime, 24 hours a day, seven days a week. We will set up an evening or weekend meeting, if necessary, and can travel for an appointment.
We offer a free initial consultation to anyone who has been hurt on the job. Call our offices at 844-402-2992 or contact us by e-mail to set up an appointment. We handle all personal injury claims on a contingency basis. We will only charge attorney fees if we recover compensation for your losses.
Summary
In Bedford, employees injured due to workplace activity have a legal right to claim compensation for their injuries or illnesses.
If your employer subscribes to the Texas workers’ compensation program, you can receive benefits when you’re injured at work by filing a workers’ compensation claim within the stipulated time frame.
If your employer does not subscribe to the state insurance scheme, your employer should cover the costs of your injuries directly, and you can file a civil lawsuit to recover damages, if necessary.
The experienced Bedford workers’ compensation lawyers at Bailey & Galyen can assist you, and are ready to help you secure the benefits you need if you’ve been injured or have sustained an illness due to exposure to toxic substances at a workplace in Bedford, Texas.
Frequently Asked Questions
1) What is workers' compensation?
Workers' compensation is a government-administered program that offers monetary relief to workers who suffer injury or illness due to work-related activities. The program enables workers to claim damages for their injuries without the need to prove negligence on the part of the employer.
2) Who pays for workers' compensation benefits?
Under Texas law, an employer can opt to subscribe to the state's workers' compensation program. If the employer participates in the program, they must purchase a workers' compensation insurance policy, and the insurance company pays the benefits when an injured employee files a workers' compensation claim. Employers that opt out of the scheme must directly pay injured employees for any costs associated with workplace injuries.
3) How long do I have to file a workers' compensation lawsuit in Bedford?
The workers' compensation lawsuit must be filed within one year from the date of the accident or discovery of the injury.
4) How do I file a workers' compensation claim?
You must notify your employer of the injury or illness within 30 days of the accident. You should hire an experienced attorney who can investigate the matter and collect evidence on your behalf to build a strong case.
The attorney can help you complete and submit the required claim form to the Texas Department of Workers' Compensation.
5) How much does a workers' compensation attorney cost in Bedford?
Most workers' comp lawyers in Bedford operate on a contingency basis, charging a percentage of the benefits you recover. Clients may also be responsible for fixed costs like filing fees and expenses for experts or depositions.
The contingency contract you sign with your attorney outlines the upfront costs and expenses for which you will be responsible. It’s important to review these details.
6) How can a workers’ compensation lawyer help with your case?
The process of filing a workers' compensation claim can be difficult and lengthy. A workers' compensation lawyer will collect and preserve important evidence, advise you on how to build a strong case, file all required documents on time, and argue on your behalf in any hearings.
In many cases, insurance companies try to minimize their payouts to injured workers. Dealing with insurance companies without an attorney can be tricky. Your attorney will negotiate with the insurance company on your behalf and secure the benefits you’re entitled to.
7) What are the different types of costs that workers' compensation insurance covers?
Workers' compensation insurance covers medical expenses, rehabilitation, lost wages, costs for retraining, and compensation for any permanent injuries. When a worker dies on the job, their survivors are entitled to benefits, including the cost of funeral expenses up to $6,000.
8) What are injuries covered by workers' compensation?
Workers' compensation covers any injury or illness sustained on the job, including but not limited to traumatic brain injury (TBI) and other injuries to the head, neck, and back; sprains and strains and other soft-tissue injuries; broken bones and fractures; spinal cord or nerve damage; and loss of limb.
9) How long does it take before you receive workers’ compensation benefits?
Benefits are paid about two to four weeks after the insurance company approves your claim.
