Bailey & Galyen Attorney Provides Overview of Texas Workers’ Compensation System
Bailey & Galyen attorney Kim Smith, a highly-regarded workers’ compensation lawyer in Texas, appeared recently on Bailey & Galyen podcast The Legal Hour, where she spoke extensively about the benefits available in Texas when a person is hurt on the job. A graduate of Texas A&M University and the Thurgood Marshall School of Law at Texas Southern, Smith has focused her entire 20-year legal career on protecting the rights of injured workers.
Smith Explains Unique Approach to Workers’ Comp in Texas
As Smith told host Keith Spencer, Texas, unlike all other states, does not require an employer to purchase workers’ compensation insurance or subscribe to the state’s workers’ compensation system. As a practical matter, though, the majority of companies in Texas do provide workers’ compensation coverage.
That doesn’t mean, though, that a worker without access to workers’ compensation won’t have recourse after a workplace injury. If their employer has opted out of the state workers’ compensation program, an injured worker can file a civil lawsuit for damages.
Smith also explained the basic concepts of a workers’ compensation claim:
- An injured worker does not have to provide evidence that the employer acted carelessly or negligently. Instead, to qualify for benefits, a worker need show only that they were injured and that the injury was work-related.
- If a workers’ comp claim is approved, the worker can recover benefits for any time they are unable to work due to the injury. In addition, a worker is entitled to medical benefits for “compensable” injuries, generally defined as those injuries that the workers’ compensation insurance carrier believes are related to the worker’s claim.
- The benefits covering lost wages are generally based on the worker’s average weekly wage over the 13 weeks prior to the time of the injury. There are, however, upper and lower limits on the amount of weekly benefits paid.
Contact the Proven Workers’ Compensation Lawyers at Bailey & Galyen
For experienced legal representation when you suffer an injury on the job, contact Bailey & Galyen or call our offices at 844-402-2992. We offer a free initial consultation to anyone with a potential workplace injury claim. You can reach us by phone 24 hours a day, seven days a week. We will meet with you evenings or weekends, if necessary. Se habla español.
We handle all work-related injury claims on a contingency basis. We’ll only charge attorney fees if we are able to recover compensation for your losses.
