What if I Suffer a Re-injury After Settling a Workers’ Comp Claim?

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When you settle a workers' compensation claim, you are no longer eligible to receive any benefits arising out of the same injury. However, this does not mean that your future workers' compensation benefits will be affected if you get hurt again.   If you suffer a re-injury after settling a workers' comp claim, you should still be entitled to receive treatment for the new damage that was done to your body as well as disability benefits if you are not able to work.  The workers' compensation … [Read more...]

What are Common Causes of Texas Trucking Accidents?

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Truck accidents can cause serious and often fatal injuries to motorists in other vehicles, as well as to people on bikes, motorcycles, or on foot. Truck drivers are required to have a professional license to ensure they know how to operate the large vehicles that they are entrusted with. Truck drivers and trucking companies are also bound by a variety of state and federal rules and regulations, including those set by the Federal Motor Carrier Safety Administration.   Despite best efforts to try … [Read more...]

Can I Sue for Work Injuries After Settling a Workers’ Comp Claim?

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If your Texas employer has opted to participate in the workers' compensation system, you must make a workers' comp claim after a workplace injury in order to get benefits. You are almost never able to sue an employer who participates in workers' compensation because workers' comp is an exclusive remedy system.  Your employer's workers' compensation insurer should ideally grant you benefits and pay for your medical treatment and disability income.   If you disagree about workers' compensation … [Read more...]

What Can You Do If You are Not Satisfied by a Judge’s Decision in a Workers’ Comp Case?

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A denial of workers' compensation benefits can have profound financial implications.  If you are denied any benefits at all, you may not be able to pay your medical bills or receive disability income that you need when your injuries make it impossible for you to work. If you are denied coverage for medical treatment that you need, your care may suffer.   You do not have to accept a denial of workers' compensation coverage. There are multiple stages of appeal to pursue. A Houston workers' … [Read more...]

When Do You Need Preauthorization For Workers’ Comp Medical Coverage?

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Workers’ compensation benefits should cover all of the medical treatment that you require when you are hurt at work. This does not mean, however, that workers can just go to any doctor they want and have every procedure they may need covered. There are restrictions on who you can receive care from and when you can change doctors.  There may also be certain treatments that the insurer does not agree to pay for.   For certain types of procedures, preauthorization for workers’ comp medical … [Read more...]

Death Benefits for Widows Are Available After a Worker’s Death

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Workers' compensation in Texas provides different types of benefits including medical coverage for the injured worker as well as disability income.  If the worker passes away as a direct result of an illness or injury related to job duties, his surviving family members will also be taken care of by workers' compensation to ensure they do not experience financial hardship.  Death benefits for widows are available after a worker's death, as are benefits to pay for the cost of burial.  Widowers … [Read more...]

May an Insurer Suspend or Modify Cash Benefits After a Work Injury?

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When your Texas work injury is covered by workers' compensation,  four primary types of benefits are available: income benefits; medical benefits; burial benefits; and death benefits.  Both income and death benefits are ongoing cash payments that may be received by the injured worker or by surviving dependents. However, while you and your family may be relying on these benefits, the law does not guarantee they will continue indefinitely.   An insurer may suspend or modify cash benefits after a … [Read more...]

What Can an Injured Worker Do if Not Satisfied With the Workers’ Compensation Board’s Decision?

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If your employer has opted into the Texas workers’ compensation system, this affects your rights after a work accident. Texas workers’ compensation is an exclusive remedy system. This means if you are eligible for workers’ comp benefits, you must make a claim though workers’ compensation instead of suing your employer if you get hurt on-the-job. Workers’ comp benefits will pay medical bills and can also provide ongoing income if your work-related illness or injury prevents you from working or … [Read more...]

What Happens to a Work Injury Lawsuit if You Claim Compensation?

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Texas employers can choose to opt into workers' compensation or to opt out. If your employer has opted in and you get hurt on the job, you cannot sue the employer for a workplace injury. If your employer has opted out and you get hurt, you can file a personal injury claim or family members of a worker who was killed can file a wrongful death claim.  You cannot both file a workers' compensation claim and a work injury lawsuit against your employer because when an employer participates in workers … [Read more...]

What if a Child With No Dependents Was Killed at Work?

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The Texas workers' compensation system is intended to protect employees from experiencing financial loss. When an employee has been killed at work, death benefits are payable to spouses, minor children and other dependents.  These benefits are intended to ensure that the death of a worker does not cause financial problems for family members who may have needed the worker's income.   If a child with no dependents was killed at work, this does not mean that no benefits will be paid for his death. … [Read more...]