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Mesquite, TX Workers’ Compensation Lawyer

From rodeos to BBQ and rich history, Mesquite, Texas, has plenty of attributes that make it a great place to live. Yet, for many, the most attractive part about living in Mesquite is the ability to provide for their families. Since 1873, when the railroad made the city a depot town, people have been earning a living working in the various industries available across town. 

Yet, no place can claim perfection. Though recent advances in safety regulations can reduce the likelihood of accidents, injuries still turn up from time to time. When the unexpected happens, Fielding Law defends the rights of Texas residents injured in work-related incidents.

If you were hurt on the job, the Texas workers’ compensation lawyers at Fielding Law can help you take full advantage of your benefits. Schedule your free consultation today at 877-880-4090 to discover what work comp you deserve for your injuries and how to get it.

Understanding the Reasons Behind Texas Workplace Injuries

In 2019, private industry employers reported 187,600 nonfatal workplace injuries in Texas. The same year, 608 people died of fatal occupational injuries. The US Bureau of Labor Statistics (BLS) reports that the most common occupational injuries and illnesses are:

  • Violence (by people or animals)
  • Self-inflicted (unintentional and intentional)
  • Transportation accidents (aircraft, rail, and other vehicles)
  • Exposure to harmful substances or environments (e.g. radiation, noise, extreme temperatures, high voltage, traumatic events) 
  • Fires and explosions 
  • Falls, slips, and trips
  • Contact with objects and equipment 
  • Overexertion 
  • Repetitive motions

As you think about your accident, you might realize that multiple factors played a role in your work injury. The Texas workers’ compensation system is not based on fault, so coverage is offered to employees even if their mistakes contributed to their accident. 

Yet, what if negligence contributed to your injuries? First, a Texas workers’ compensation lawyer will examine your condition. He or she can determine whether your injury demonstrates the legal definition of negligence, namely:

  • The involved party held a duty of care toward the victim
  • The involved party failed this responsibility
  • The breach of duty caused an injury

Every workers’ compensation accident is different, and the factors that led up to it are not always clear to the untrained eye. Involved parties might include people you work with directly, property owners, managers, designers, manufacturers, and distributors of goods and equipment that you use on the job. 

A workers’ compensation attorney must evaluate each incident on a case-by-case basis to determine why the accident occurred. Begin your free case review now by clicking the “Chat Now” button at the bottom of your screen. Our agents are available 24/7 to give you personalized attention for your workers’ compensation claims.

How to Qualify for Texas Workers’ Compensation

The State of Texas manages the workers’ compensation system, a type of insurance for employees with work-related injuries or illnesses. Qualifying for workers’ compensation benefits can seem overwhelming, especially while you are sick. 

A Fielding Law lawyer can guide you through the necessary steps, including:

  • Reporting the injury or illness to your employer
  • Completing a Claim for Compensation for a Work-Related Injury or Occupational Disease (DWC Form 041) 
  • Meeting the requirements for maximum supplemental income benefits
  • Disputing issues regarding income and medical benefits if needed
  • Advocating workplace changes (e.g. disability accommodations) as you return to work

Workers’ compensation pays for certain expenses an injured worker could face. There are 4 types of Texas workers’ comp benefits: for income, medical costs, burial, and death.

Income benefits

Income benefits are workers’ comp payments that replace a portion of the money you lose as a result of work-related injuries. Your income benefits could fall into one of the following categories:

  • Temporary (TIBs): TIBs provide a percentage of your average weekly wage. Under lost wages, your illness must last more than 7 days. You can continue to receive TBIs if you return to work under modified duties approved by your doctor. 
  • Impairment (IIBs): IIBs are workers’ comp claims that cover work-related illnesses and injuries that affect your body as a whole. Generally, a doctor will give you an exam to determine your percentage of permanent damage.
  • Supplemental (SIBs): These monthly benefits can cover you after your IIBs benefits end if you meet the criteria and refuse a lump sum payment.
  • Lifetime (LIBs): If a work accident ends in serious injuries (e.g. blindness, amputation, third-degree burns) that will affect the rest of your life, you could get LIBs. 

Medical benefits

Medical expenses are paid to the healthcare facility or doctor that provides treatment related to work injuries. In many cases, you must use physicians within approved healthcare networks and get approval to change doctors.   

Funeral and burial benefits 

The person paying for the funeral expenses of a deceased worker can request reimbursement within 12 months of the date of death. As of 2015, burial benefits cannot exceed $10,000.

Death benefits 

Death benefits can be paid to family members of employees who lost their lives due to work-related injuries. There are maximum and minimum benefit limits based on the deceased employees’ average weekly wage. These could include lifetime benefits or lump sum payments.

Unfortunately, not all employers provide Texas workers’ compensation benefits. Without this coverage, your life after a work-related injury might seem grim. Hospital bills and missed work can damage your finances. Soon, you could be wondering whether you will ever recover from the physical, emotional, and financial toll of your work injury.

In Mesquite, a workers’ compensation claim is not your only option. In the next section, you will learn how personal injury lawsuits can protect workers like you. 

How to File a Texas Personal Injury Claim 

At times, Texas workers’ compensation benefits are unavailable or fail to cover your post-accident expenses. In other cases, third parties might share responsibility for your injuries. If this is your experience, you should consult a workers’ compensation attorney to learn your legal options. 

In a personal injury lawsuit, the person or company that hurts another (the defendant) must pay damages for the injured person’s (the plaintiff’s) losses. Personal injury claims can fall into various categories, such as: 

  • Negligence: Injury resulting from improper actions or the failure to perform duties
  • Malicious intent: Injury resulting from intentional harm (usually accompanied by criminal investigation)
  • Product liability: Injury caused by products or equipment that malfunction or fail to meet safety standards

Like workers’ compensation claims, successful personal injury actions yield benefits for Texans who pursue their legal rights with the help of a competent lawyer. 

Any damages you receive would fall into these main categories:

  • Economic: Economic damages are calculated according to the financial impact that an injury has on your life. Medical expenses, lost income, property damage, and funeral bills are examples of economic losses.
  • Non-economic: Injured workers frequently experience pain and suffering. A lawyer can seek compensation for these intangible losses on your behalf.
  • Punitive: Also called exemplary damages, punitive damages aim to punish wrongdoers and discourage others from similar actions.

During your free Texas workers’ compensation claim review with Fielding Law, you can find out whether you are eligible to file a personal injury action in addition to your workers’ comp claim. Contact us as soon as possible to schedule your consultation so you do not miss the opportunity to pursue your rights.

Fielding Law Ensures You Can Afford Quality Representation

If your workers’ compensation claim was denied or does not cover your damages, medical bills can make it impossible to make ends meet. Missed work and lost earning potential only add to the problem. While struggling under these stressful circumstances, you might feel that you could never afford legal representation.

At Fielding Law, we recognize the difficulty of your situation. Our contingency fee agreement allows you to take lawyer fees from your settlements or court judgments. In short, there is no fee unless we win money for you in a workers’ compensation or personal injury claim. 

Since our firm takes its fees and expenses from settled claims, you will not face the burden of paying out of pocket. We will explain the details of this win-win arrangement during your free consultation.

Act Fast for Maximum Workers’ Compensation Benefits 

An experienced Texas workers’ comp lawyer can help you take action to restore your peace of mind and quality of life. Yet, delaying could cause you to lose all possible benefits associated with your workers’ compensation claim and personal injury action.

Workers’ comp claims are regulated by strict deadlines for filing, providing documentation, and getting medical attention. Doing things on your own can cost you time that you might be unable to afford. On the other hand, Fielding Law’s workers’ compensation team has the know-how and resources to handle your claim quickly.

What’s more, Texas personal injury law falls under a time restriction called the statute of limitations, so you have a set amount of time to hold the responsible party liable for his or her actions. With this in mind, why wait to speak to our legal professionals?

There is no cost for or obligation in connection with your initial consultation with us. Call toll-free 877-880-4090 or complete our brief contact form to get in touch with the Fielding Law team.

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