Houston Workers' Compensation Attorney
Overview of the Workers' Comp System
The Texas Department of Insurance has workers' compensation laws which establish the benefits that injured workers are entitled to. Most employers have a workers' compensation insurance company that covers them for any claims presented by employees, although some insure themselves and others choose not to participate. For those who do not have insurance, an employee would file a lawsuit against these employer's as their only recourse for compensation when injured at work.
State and Federal laws mandate how any workers' compensation claim is handled. Injuries must be reported by employees to their employers within a certain amount of time. Employers must provide a claim form and allow the injured worker to obtain medical treatment at no cost. The employee has the right to choose a doctor of their choice from an approved list of doctors.
Obtaining a workers' compensation attorney to handle your workers' compensation claim is important as qualification and benefits can be affected. There are forms and procedures that need to filled out correctly and in a timely manner to ensure you obtain all benefits you are entitled to. Your employer relies on their workers' compensation insurance company to represent their interests when it comes to paying out on claims. Their emphasis is on saving costs, and not on ensuring you are taken care of properly and receive the medical treatment and disability you need to fully recover. With a lawyer working by your side, your best interests in this matter can be pursued, without you having to worry about the consequences of paperwork and insurance manueverings.
Your claim will initially be investigated by your employer's workers' compensation insurance company to ensure you are even eligible for coverage. Some of the points they will be evaluating when a claim is first presented are:
- Were you an employee at the time of the injury?
- Was the injury received while you were on the job?
- Was there an injury?
- What benefits are you entitled to?
- Was the injury permanent?
- Are you entitled to an impairment rating.
How your claim is presented can impact the benefits you receive. An employer may attempt to claim you are not an employee, or an accident did not occur, they may even attempt to intimidate you into not filing. Our office will focus on fully investigating the facts of your accident, including taking witness statements, scene investigations, review of medical records and any other aspect that might affect the outcome of your claim. Our goal is to ensure you receive the compensation you deserve for the injuries you have sustained, and that you receive proper treatment so as to fully recover.
The Malaise Law Firm has the long term experience you need when dealing with workers' compensation issues. Our legal team will provide you with personalized attention to your case and follow up on every step of the process, ensuring you receive the maximum compensation you deserve.
Contact the Malaise Law Firm for determining the benefits you are entitled to when injured in a work related injury.