Workers Comp

Hurt on the Job?

When you should hire a Worker's Comp Attorney?

  • If you receive a document from the insurance company that you don’t understand


  • If you receive a worker's comp check that is not the right amount


  • If you receive a document that denies your claim


  • If you have been off work for more than two weeks and you haven’t received a worker's comp check


  • If you have been injured for more than two weeks and haven’t heard from the Texas Department of Insurance Division of Workers’ Comp (TDI-DWC)


  • Before you attend your first Benefit Review Conference (BRC)


  • Before you change doctors or visit with a specialist


  • Before you visit with an insurance company Required Medical Exam Doctor (RME)


  • Before you visit with a Designated Doctor (D/Dr)


  • If your accident occurred, while you were working for one company but you were injured by someone working for a company different from your Employer (This is considered a 3rd Party Claim)


Disputes in Texas Workers’ Compensation Cases

Disagreements between parties are inevitable in any workers’ compensation system. Disputes are common and often center around the Carrier’s efforts to limit the amount of income benefits or medical care that injured workers’ receive after a Compensable Injury.


There are several types of disputes in workers’ compensation cases, the two most common types of disputes that will affect an injured worker are Medical Disputes and Claim Disputes (also called Indemnity Disputes)


Claim Disputes are issues in which an attorney can be most helpful

· Compensability – whether or not your injury illness meets the requirements to be eligible

· Disability – whether or not you have suffered a loss of income as a result of your work-related injury or illness

· Average Weekly Wage Disputes – disagreements about how much money you should receive while you are on workers’ comp

· Extent of Injury Disputes – whether or not your work-related injury includes other parts of your body or health systems

· Entitlement to Supplemental Income Benefits (SIBs) – For injured workers who receive an Impairment Rating of 15% or higher



Elements of Compensable injury

For an injury to be considered a Compensable Injury, the injury or illness had to be suffered during the course and scope of employment.


1.    The injury or illness happened while you were in the duties of your employment

2.    The employee was either hired in Texas by a company out of state or lived in another state at the time of the injury, was recruited from Texas by a Texas employer


Reporting the injury of illness

 The injured worker has 30 days to report the injury to a person in a supervisory or administrative role

 For work-related illnesses, the employee must report the illness within 30 days of when the employee knew or should have known the illness was work-related.

Request medical treatment immediately after the incident occurs

Immediately create written documentation that notifies your employer that you injured yourself 

Workers Compensation Form

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