Corpus Christi Workers’ Compensation Lawyers 

To determine potential eligibility for workers' compensation benefits, it's essential to consider the following factors: 

• Employee status: To be eligible for workers' comp benefits, you must be classified as an employee. Independent contractors, volunteers, and other categories may not be covered.
• Employer coverage: Unfortunately, state law does not require every employer to carry workers’ comp insurance. Your employer must have workers' compensation insurance coverage or be a certified self-insured employer.    
• Work-related injury or illness: The injury or illness must have occurred during the course and scope of employment. This means that it happened while performing job duties or engaging in work-related activities.
• Timely reporting: You must report the work-related injury or illness to your employer within 30 days from the date of the incident or when you first realized it was work-related. Failing to report within this timeframe may jeopardize your eligibility for benefits.
• Statute of limitations: Injured workers typically have 1 year from the date of the workplace accident to file a workers’ compensation claim.

Preexisting Conditions

Even if you have a preexisting condition, you may still be eligible for workers' comp benefits if the work-related injury aggravated or worsened your condition. Seeking sound counsel from a workers’ compensation attorney is essential to establishing your eligibility for benefits.

Importance of Seeking Medical Treatment

Employees seeking workers’ compensation must seek medical treatment from a healthcare provider authorized by the Texas Division of Workers' Compensation (DWC) or your employer's workers’ compensation insurance carrier. Failing to follow the authorized medical provider process can affect your eligibility for benefits.

Disability and Impairments

To qualify for income benefits, you must have a disability or impairment that prevents you from earning the same wages as before the injury. The extent of disability is determined by medical evaluations, impacting the type and duration of benefits you receive.

What Isn’t Covered Under Workers’ Comp? 

Certain work-related injuries aren't covered by workers' compensation. Workers can be ineligible for benefits if any of the following apply:     

• The work injury was self-inflicted.
• The employee was injured while inebriated on the job. 
• The employee was injured by someone else for reasons unrelated to work. 
• The injury occurred when the worker was engaging in rowdy or reckless behavior.
• The worker was injured outside of the workplace while voluntarily participating in an off-duty sports or social event.
• The employee was injured by an “act of God,” such as a flood or hurricane, unless the job entailed a high risk of exposure to such events.

Workers' Compensation FAQS

Is my employer required to have workers' compensation insurance in Texas?

No, Texas does not mandate private employers to carry workers' compensation insurance. Employers who choose not to participate are known as non-subscribers. If your employer is a non-subscriber, you may have the option to file a personal injury lawsuit against them for work-related injuries.

How and when should I report a work-related injury?

You must report your injury to your employer within 30 days of the incident. Additionally, you need to file a claim with the Division of Workers' Compensation (DWC) within one year from the date of injury or the date you became aware of the injury's relation to your job.

Can I choose my own doctor for treatment?

If your employer has a certified health care network, you must select a treating doctor from that network. If not, you may choose any doctor willing to treat workers' compensation patients. It's important to verify your employer's network status before seeking treatment.

What if my employer is a non-subscriber like H-E-B?

Some employers, such as H-E-B, opt out of the state's workers' compensation system. In such cases, they may offer alternative injury benefit plans, but these can differ significantly from standard workers' compensation. If injured while working for a non-subscriber, you might need to pursue a personal injury claim to receive compensation.

What should I do if my workers' compensation claim is denied?

If your claim is denied, you still have options. In Texas, you can request dispute resolution through the Division of Workers’ Compensation (DWC). This process starts with a Benefit Review Conference (BRC), where you and the insurance carrier meet to resolve the dispute. If that fails, the next steps could include a contested case hearing or even an appeal. It's a good idea to consult an attorney experienced in workers’ comp to help navigate the process and improve your chances of a successful outcome.

How long does it take to start receiving workers' compensation benefits?

Once your claim is approved, income benefits usually begin after a seven-day waiting period. If your disability continues for more than 14 days, you can also receive compensation for the initial seven days. The timing of payments depends on how quickly your employer reports the injury and the insurance carrier processes your claim. Prompt reporting and medical documentation can help avoid unnecessary delays.

Can I be fired for filing a workers' compensation claim in Texas?

It is illegal for an employer in Texas to retaliate against an employee for filing a legitimate workers’ compensation claim. However, because Texas is an “at-will” employment state, employers can terminate employees for various reasons that are not related to the claim itself. If you believe your termination was directly related to your workers’ comp filing, you may have grounds for a wrongful termination or retaliation lawsuit.

Do I need a lawyer to file a workers' compensation claim?

You are not legally required to have an attorney to file a claim, but having one can be highly beneficial—especially if your injury is serious, your claim is denied, or your benefits are delayed. Our Corpus Christi workers' compensation lawyer can help you understand your rights, gather necessary documentation, represent you in hearings, and negotiate a fair settlement if appropriate. We work on a contingency basis, meaning they only get paid if you do.

Injured on the job? Our Corpus Christi workers’ comp lawyers can fight for the compensation you deserve after a workplace accident. Contact us online or call (866) 927-3420 to discuss your case.