When do I call an attorney after I have been hurt on the job?

1. Serious Injury
2. Can’t fulfill job duties due to injury
3. Not receiving proper medical care
4. Being underpaid
5. Received a dispute from the insurance company
6. Being harassed by your employer
7. Not happy with your doctor
8. Unsure of your rights
9. Afraid to lose your job due to your injury
10. Not receiving call backs from the insurance company

Can I choose my own doctor?

Yes. You can choose your own doctor. However, if your employer is within a network, you must choose a dr. within the network

Can I sue my employer because it was their fault that I was injured on the job?

In Texas, you can’t sue your employer for negligently causing your injury, if they have a Texas workers compensation policy.

Do I have to see the company doctor?

No, you can choose your own doctor under TWC.

Do I receive a lump sum settlement at the end of my WC case?

No, there is no lump sum settlement in TWC. However, you are entitled to receive an impairment rating which is based on the severity and type of your injury or injuries. If you have returned to work for over 90 days earning over 80% of your pre-injury wages, you can then request your impairment checks to be paid in a lump sum.

Can I dispute my impairment rating?

Yes. However, you must dispute the impairment rating within 90 days of 1st notice or it becomes final.

How much are my weekly disability checks?

You are entitled to receive 70% of your average weekly wage. The AWW is calculated by taking the average gross weekly wages earned during the 13 weeks prior to your date of injury. Furthermore, there is a maximum and minimum amount of weekly checks. For example, for injuries occurring between 10/1/13 to 9/30/14 the maximum weekly disability check is $850 while the minimum is $127.

After I’ve been hurt on the job, when should I consult an attorney?

It is in your best interest to consult an attorney to be advised of your rights, if you have been seriously injured on the job. Do you trust that your employer and the insurance company are looking after your best interests?

Do I have to pay the attorney money up front or out of my pocket during the initial consultation?

NO.

Can my employer fire me for being hurt on the job?

In Texas, if an employer fires you for being hurt on the job, you potentially have a wrongful termination case.

If you have any more questions, call the Law Firm of Adam Henderson at (713) 779-9900 or (214) 664-9999.