Houston Workers' Compensation Attorney
Injured Workers and Their Rights
According to the Texas Department of Insurance, any employee who was injured during the course of their employment has specific rights granted to them. To ensure you are receiving the rights you are entitled to and that all benefits available are provided, consult a workers' compensation attorney from the Malaise Law Firm in Houston. Your basic rights include:
You may have the right to receive benefits.
Regardless of who was at fault for your injury, you may receive benefits with the following exceptions:
- You were intoxicated at the time of the injury;
- You injured yourself on purpose or while trying to injure someone else;
- You were injured by another person for personal reasons;
- You were injured by an act of God;
- Your injury occurred during horseplay; or
- Your injury occurred while voluntarily participating in an off-work activity.
You have the right to hire an attorney
If you need help with your claim, neither your employer or the workers' compensation insurance company can advise you against using an attorney to help you with your claim.
You have the right to receive medical care to treat your workplace injury or illness.
When injured and you report the injury to your employer, you are entitled to receive medical care at no cost and without a time limit.
You have the right to choose your treating doctor.
A doctor can be chosen either from a list approved by the Texas Division of Workers' Compensation or if you are in a workers' compensation health care network, you can choose your doctor from the network's treating doctor list.
You have the right to receive information and assistance from the Office of Injured Employee Counsel at no cost.
This provides you with legal assistance, however they do not act as your attorney, merely free advice regarding questions you may have about your workers' comp claim. For someone to fully represent your interests, it is best to retain your own counsel.
You have the right to receive assistance if you have a dispute resolution proceeding about your claim that has been scheduled and you do not have an attorney.
If you are disputing some part of your claim, such as a denial or the amount or type of benefits you are receiving, an ombudsman, who is an employee of the Office of Injured Employee Counsel, will provide free assistance to injured employees without attorneys. However, these representatives cannot sign documents for you, make decisions for you or give legal advice. At the Malaise Law Firm we recommend you retain your own legal representation to fully protect your rights.
You have the right for your claim information to be kept confidential.
Your claim information is available only to your employer and their workers' compensation insurances company. Any future employer may be able to get limited information regarding your claim.
To ensure you get the most benefits and compensation you are entitled to, contact an experienced attorney from the Malaise Law Firm. Our firm knows workers' compensation law and can provide you with the skill you need to obtain the compensation you deserve.