Lubbock Workers’ Compensation Lawyer
No employee working in Lubbock should have to face the costs of medical treatment or loss of income after the onset of a workplace injury or illness. The purpose of workers’ compensation insurance programs is to provide employees with payments to cover their losses and help them retain financial stability while making a recovery.
Unfortunately, it can be difficult to collect these payments as state law does not require employers to provide this protection. Even if an employer does retain coverage, it is not unusual for workers to receive a denial on a claim for benefits. Here, it may be necessary to pursue legal action against your workplace for compensation following an incident. A Lubbock workers’ compensation lawyer could help you seek the payments that you deserve after a workplace injury caused by a third party.
Appealing Workers’ Compensation Denials
Although they are not legally obligated to, many employers in Lubbock do retain workers’ compensation insurance. When someone suffers a workplace injury under an insured employer, the injured party has the right to receive free medical care and income reimbursement through a workers’ compensation claim. Unfortunately, denials of these claims are common.
A workers’ compensation insurance company may deny a claim for a variety of reasons. They may allege that the injury was the product of a worker’s horseplay while on the job. They could also dispute the extent of a person’s injuries or the necessity of these people to take time off work.
Texas Administrative Code § 141.1 states that workers can request a benefit review conference with the Department of Workers’ Compensation (DWC). This gives the worker the opportunity to present evidence about how their injury was work-related and why that injury is preventing them from returning to the job.
Pursuing Compensation from Uninsured Employers
With a few exceptions, every employer in Lubbock and throughout the state has the option to refuse workers’ compensation coverage. These workplaces are making the calculated choice that their personal liability for any injury will cost less than the outlay necessary to retain a workers’ compensation policy.
This means that any injury or illness that affects a worker is the employer’s responsibility. Under workers’ compensation law, a workplace is liable for any illness or injury that results from doing one’s job. This might even be an option if a third party, such as a co-worker, caused a person’s injuries.
A Lubbock workers’ compensation attorney could take the lead in pursuing personal injury lawsuits against employers after an injury caused by a third party. These lawsuits often seek out compensation for:
- Medical bills
- Lost wages
- Permanent disability
- Pain and suffering
In many situations, it may be possible to reach a negotiated settlement with a workplace. In others, a full trial may be necessary to collect the compensation that a worker needs to set things right after an incident that occurs while on the job.
Contact a Lubbock Workers’ Compensation Attorney Today
Every person who suffers an injury or illness because of doing their job deserves appropriate compensation. Collecting these payments can involve submitting a claim to a workers’ compensation insurance company or even directly suing your employer.
Our legal team at Chad Jones Law handles workers’ compensation cases involving a third party and can guide you through your recovery options. We are also happy to help you find a knowledgeable local attorney for the cases that we do not cover. Contact a Lubbock workers’ compensation lawyer today to get started.