Katy Workplace Injury Attorney
Workers who get injured on the job have the right to seek medical and financial benefits under Texas’ workers’ compensation system. Workers’ compensation is no-fault insurance, which means that even if you, the injured employee, became injured through your own clumsiness (for example), you can still be fully compensated through workers’ compensation benefits. Whether the accident was caused by your employer, a co-worker, a third party, or it was simply a freak accident, you should be covered. However, receiving workers’ compensation benefits is easier said than done. Many employers and insurance companies deny benefits for a variety of reasons—some valid, and some simply because of an insurer’s greed. Our Katy workplace injury attorneys at the West Law Office can help you file a claim and appeal denied claims so that you receive the compensation you deserve and need.
What Does Workers’ Compensation Pay For?
Workers’ compensation pays for the following:
- Full medical care;
- Ongoing and future medical needs caused by the work injury or illness;
- Partial wage replacement;
- Vocational services; and
- Transportation costs to and from medical appointments.
In terms of wage replacement, workers’ compensation pays up to two-thirds of your average weekly wages. Your wage replacement will come in the form of one of the following, based on your degree of disability:
- Temporary total disability;
- Permanent total disability;
- Temporary partial disability; or
- Permanent partial disability.
The Three Classes of Workplace Injuries
- Specific Injury—The employee suffers a one-time traumatic injury, such as having their hand being crushed by machinery, or slipping and falling down a set of stairs.
- Cumulative Injury—Over time, a worker develops an overuse injury by doing the same repetitive movements over and over. Examples of overuse or repetitive stress injuries include tennis elbow, chronic back pain, and white finger syndrome.
- Illness—If an employee is exposed to a toxic substance, or becomes sick as a result of doing their job, they can seek workers’ compensation. They may also be able to file a toxic tort, enabling them to be compensated on top of workers’ compensation benefits.
Why Claims Are Denied
Employers and insurers deny claims in order to save money. Employers do not want to pay higher insurance premiums, while insurers do not want to pay for medical expenses and wage replacement that could otherwise get out of. Common reasons that insurance companies use to deny workers’ compensation benefits include making claims of the following:
- Injury occurred outside of work;
- Injury is fabricated or exaggerated;
- Injury is a pre-existing condition; and
- Employee was intoxicated at the time of the injury.
While all of the above may be false, that may not stop an employer or insurer from denying your benefits, all to protect their own selfish financial interests.
Call a Katy Premises Liability Attorney Today
If your workers’ compensation claim was denied, our Katy workplace injury attorneys can help fight for your benefits by appealing the denial. If you have not yet filed a claim, we can help you acquire all the medical documents and evidence necessary to create a fail-proof claim. To receive your benefits as soon as possible, call The West Law Firm today at 281-347-3247 to schedule a free consultation.
