Let Bailey & Galyen Be Your Advocate after a Workplace Injury
Information compiled by the Department of Labor, Bureau of Labor Statistics indicates the more than two million workers suffer some type of injury on the job every year. When you have been hurt at work, your first concerns are typically about whether you can get workers’ compensation benefits. Though Texas takes a different approach to workers’ compensation than other states, as a practical matter, you can expect to be able to file a claim through the work comp system. Many claims, though, are initially denied. That’s why you want a knowledgeable and Experienced lawyer to help you recover compensation for your losses. Bailey & Galyen can help.
At Bailey & Galyen, we have provided full-service legal counsel to injured people in Houston and across Texas for more than four decades, including men and women who have suffered any type of injury or illness related to their employment. Since we opened our consumer law practice more than 40 years ago, we have helped our clients recover hundreds of millions of dollars in settlements and verdicts after suffering any type of personal injury. We built our reputation and practice on hard work, the highest levels of client service and an unwavering willingness to listen. We’ll take the time to learn the details of your case, as well as your goals and objectives, so that we can customize our counsel to get the outcome you want. We’ll immediately notify you of any developments in your case, and will carefully explain your options, as well as your prospects for success, so that you can make informed decisions that are in your best interests.
At Bailey & Galyen, we offer a free case evaluation to anyone who has suffered an injury or contracted an illness at work. To schedule an appointment with a results-oriented Houston workers’ compensation lawyer, contact us by email or call our offices at 281-771-1725.
Why You Want to Contact a Knowledgeable Houston Work Comp Attorney as Soon as Possible
In every other state, most employers are legally required to participate in the government’s workers’ compensation program. As a result, injured workers must generally turn to workers’ compensation for their recovery of loss—an injured worker may only file a civil lawsuit under limited circumstances.
In Texas, though, employers are not required to subscribe to the state’s workers’ compensation system. As a practical matter, though, more than two-thirds of Texas employers participate in the state workers’ compensation system.
If your employer subscribes to the Texas workers’ compensation system, you’ll want to notify your employer of your injury or illness in a timely manner. Though you may think that’s the first thing you should do, you will almost always be better served by hiring an experienced work comp attorney first, so that you immediately have a knowledgeable advocate. Your attorney can notify your employer and can work with you to complete any required paperwork. Once your employer has received notice of your injury or illness, a claim will be filed with the workers’ compensation insurance company, which will make an initial determination. If your claim is denied, you have the right to appeal.
If your employer does not subscribe to the Texas workers’ compensation program, you must file a personal injury lawsuit in court to seek compensation for your losses. In such a situation, the sooner you hire qualified legal counsel, the better your rights will be protected.
What Must You Prove to Qualify for Workers’ Compensation Benefits in Texas?
Technically, a workers’ compensation claim is what is known as a “strict liability” claim. That means that you won’t be required to prove that your employer was careless or negligent. Instead, to qualify for work comp payments in Texas, you only need to show that: 1) that you suffered an injury, and 2) that your injury was “work-related.” In most instances, you can still be eligible for workers’ compensation benefits, even if you were hurt on a break, while traveling outside of the office or at a work-related social event.
What Are the Most Common Types of Workplace Accidents in Houston, Texas?
Workplace injuries can run the gamut, but the types of injury claims most frequently filed involve:
- Repetitive stress or motion—Injuries caused by continual or repeated pushing, pulling, standing, sitting, kneeling, typing, squeezing, or lifting
- The careless or negligent design, manufacture or marketing of dangerous or defective tools, machinery, equipment or products
- Exposure to toxic or hazardous chemicals, substances or other materials
- Overexertion—Working too many hours without a break, lifting heavy objects, or doing any other work that overloads your back, knees, legs or any other part of your body
- Slips, trips and falls on worksite debris, tools, equipment or building materials
- Unsafe work environments, such as working conditions without appropriate necessary safety measures or adequate lighting
- Workplace violence, including fights or assaults
- Work-related stress, tension or anxiety
What Injuries are Commonly Suffered in Houston Workplace Accidents?
The injuries most commonly reported by workers include:
- Cuts, bruises and fractures from slips, trips and falls
- Neck, back and leg injury due to repetitive stress or motion, or to attempting to lift heavy weights
- Disc injuries caused by lifting, bending, squatting, pulling or pushing
- Cuts and scratches from box cutters, letter openers, tools and office equipment
What Losses Are Eligible for Texas Workers’ Compensation Benefits?
The benefits available through a Texas workers’ compensation claim include reimbursement of lost income, as well as payment of all reasonable and necessary medical expenses arising out of your injury. In addition, if your injuries prevent you from returning to your previous job, you may be eligible to receive vocational rehabilitation benefits. Furthermore, if a family member dies on the job, you may qualify for death benefits, including the costs of funeral and burial.
What Is the Method for Calculating Work Comp Benefits in Texas?
To determine the amount of benefits, the workers’ compensation insurance company will take your average weekly wage (AWW) for the 13 weeks immediately prior to your injury. That includes more than just wages—health insurance premiums, car allowance and many other benefits will also be factored into the equation. Benefits are capped at 70% of your average weekly wage, but because there’s no income tax due on those benefits, the amount you receive will be approximately the same as your previous take-home pay.
Is Workers’ Compensation Your Only Avenue of Recovery after a Houston Work Injury?
If your employer participates in the Texas work comp system, the benefits available through a workers’ compensation claims will typically be your exclusive remedy. It’s important to understand, though, that the benefits available through a work comp claim are intended only to compensate you for the wrongful acts of your employer or a co-worker. If your injuries were caused by some unrelated third party, such as the driver of a motor vehicle who causes a work-related accident or the manufacturer of a dangerous or defective tool or machine, you can file a third-party personal injury claim in court to recover damages from that party.
If your employer does not participate in the state’s work comp program, you must file a personal injury lawsuit seeking damages.
How Can Bailey & Galyen Help You When You Have Suffered a Workplace Injury in Houston?
At Bailey & Galyen, we have obtained positive results for injured workers throughout Texas for more than four decades. We are intimately familiar with the Texas workers’ compensation laws and can help you at any stage of the workers’ compensation process, whether you have just been hurt or your claim has already been rejected. We’ll prepare and file your application for benefits, as well as any other documents required to finalize and approve your claim. We will also be your representative in all hearings, meetings or proceedings, including any appeals.
Bailey & Galyen—Protecting Your Rights in Any Type of Workers’ Compensation Claim
At Bailey & Galyen, we fight for injured workers who have suffered any type of physical or emotional injury in the workplace. Our lawyers take work comp claims involving occupational illness or disease and will also help you seek benefits for any mental injury or illness resulting from your employment.
Contact Our Offices for a Free Initial Consultation
Get all the benefits you need and deserve! Let Bailey and Galyen help you recover full and fair compensation after a Houston, Texas workplace injury.
At Bailey & Galyen, we are committed to your total satisfaction. We can take your call anytime, 24 hours a day, seven days a week. We will set up an evening or weekend meeting, if necessary, and can travel for an appointment.
We offer a free initial consultation to anyone who has been hurt on the job. Call our offices at 281-771-1725 or contact us by e-mail to set up an appointment. We handle all personal injury claims on a contingency basis. We will only charge attorney fees if we recover compensation for your losses.
Bailey & Galyen Attorneys at Law
18333 North Egret Bay Boulevard, Suite 333
Houston, TX 77058
281-771-1725
