El Paso Workers’ Comp Lawyer

Plaintiff-focused workers’ compensation lawyers preparing every case with experience and dedication.

If you have suffered a work-related injury in El Paso, Texas, the workers’ compensation process can feel like it is working against you rather than for you. Insurance carriers delay treatment authorizations, dispute the extent of injuries, and pressure employees to settle for less than what their claims are worth. Texas is the only state that does not require private employers to carry workers’ compensation insurance, which means many El Paso workers are left without coverage altogether. Davie & Valdez P.C. has represented injured employees in El Paso and across West Texas for more than 20 years. Our El Paso, TX workers’ comp lawyer handles every stage of the claims process, from initial filing through contested case hearings and third-party negligence actions. Schedule a free consultation to discuss your case.

Workers’ Comp Lawyer El Paso, TX

A workers’ compensation lawyer represents injured employees who need legal help obtaining the medical care and income benefits they are entitled to after a workplace accident. In Texas, that representation can take several forms: filing a claim with the Division of Workers’ Compensation, negotiating with the insurance carrier, pursuing a benefit review conference or contested case hearing, or bringing a separate personal injury lawsuit against a negligent third party.

Texas workers’ compensation is an elective system. Employers that carry coverage gain protection from most lawsuits by their employees. Employers that opt out, known as non-subscribers, lose that protection and can be sued directly for negligence. Whether your employer subscribes or not shapes the entire legal strategy of your case. A workers’ comp attorney in El Paso, TX can evaluate the facts and determine which path offers the best chance at full recovery.

Types of Workers’ Compensation Cases We Handle in El Paso

El Paso’s economy spans military and government installations, healthcare systems, manufacturing, logistics, construction, and the oil and gas support industry. Each sector carries its own set of workplace hazards. Below are the types of workers’ comp cases Davie & Valdez P.C. handles.

  • Construction injuries. Falls from scaffolding, electrocutions, struck-by incidents, and trench collapses injure and kill construction workers in El Paso every year. According to OSHA data, the construction industry’s “Fatal Four” hazards account for the majority of worker deaths nationally. Workers on multi-employer job sites may also have third-party claims beyond workers’ comp.
  • Work injuries. Industrial accidents, warehouse incidents, repetitive stress injuries, and sudden equipment failures affect workers across nearly every industry in El Paso. These claims range from straightforward medical-only filings to complex cases involving permanent impairment and long-term disability.
  • Brain injuries. Traumatic brain injuries from falls, falling objects, and vehicle accidents at work can produce lasting cognitive and physical impairment. These cases often require extensive medical evidence and prolonged benefit disputes with the carrier.
  • Wrongful termination. Texas law prohibits employers from terminating an employee solely because the employee filed a workers’ compensation claim. When an employer retaliates in this way, the injured worker may have both a workers’ comp claim and a workplace retaliation claim.
  • Denied or delayed claims. Insurance carriers routinely deny legitimate claims by disputing whether the injury is work-related, questioning the necessity of treatment, or arguing that the employee failed to report the injury on time. An experienced workers’ comp lawyer knows how to challenge these denials through the DWC dispute resolution process.
  • Non-subscriber injuries. When an El Paso employer does not carry workers’ compensation insurance, injured employees can file a personal injury lawsuit directly against the employer. Non-subscriber claims allow recovery for pain and suffering, full lost wages, and other damages that workers’ comp does not cover. The employer also loses key defenses, including the defense of contributory negligence.
  • Vehicle accidents on the job. El Paso’s border-region logistics industry puts a large number of workers on the road daily. Employees injured in motor vehicle crashes while performing work duties may be entitled to both workers’ comp benefits and a third-party personal injury claim.
  • Work discrimination Some employers use a workplace injury as a pretext to terminate or demote an employee based on a disability. Workers in this situation may have claims under the Americans with Disabilities Act in addition to their workers’ compensation case.

El Paso Workers Comp Infographic

Your Workers Comp Options Infographic

Why Choose Davie & Valdez P.C. as My Workers’ Comp Lawyer in El Paso, TX?

A Firm Built on Employee-Side Representation

Roger C. Davie founded the firm and has practiced employment and work injury law since earning his J.D. from Texas Tech University School of Law in 1985. Licensed in Texas since 1985 and New Mexico since 1986, he has spent his entire career on the plaintiff side. He only represents employees, never employers. Roger Davie is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization and has been named a Super Lawyer consecutively from 2013 through 2025. He holds a Preeminent 5.0 rating from Martindale-Hubbell.

John P. Valdez is a native of El Paso and is licensed in both Texas and New Mexico. He earned his B.B.A. in Accounting from UTEP and his J.D. from Texas Tech, and brings a financial background to the calculation of wage loss, impairment ratings, and benefit disputes. John Valdez is Board Certified in Employment and Labor Law in New Mexico, has been named a Texas Super Lawyer multiple years, and is a member of the El Paso Bar Association. He is fluent in Spanish and serves the bilingual workforce throughout the region.

Davie & Valdez P.C. has helped clients recover millions of dollars in workers’ compensation and work injury claims. As an employment lawyer in El Paso, TX, the firm takes every case on a contingency-fee basis. You will not owe attorney fees unless we obtain a recovery on your behalf.

What Is Important to Understand About a Workers’ Compensation Case?

Benefits Available Under Texas Workers’ Compensation

Texas workers’ compensation provides income and medical benefits to employees injured on the job. The specific benefits depend on the severity of the injury and how long the employee is unable to work.

  • Temporary income benefits (TIBs) pay approximately two-thirds of the difference between the employee’s pre-injury and post-injury earnings, beginning after the seventh day of lost time
  • Impairment income benefits (IIBs) provide compensation based on a whole-body impairment rating assigned after the employee reaches maximum medical improvement
  • Supplemental income benefits (SIBs) may be available to workers whose impairment rating is 15 percent or greater and who continue to experience a loss in earning capacity
  • Lifetime income benefits apply in cases involving total and permanent loss of sight, loss of both hands or feet, traumatic brain injury requiring institutional care, or third-degree burns covering at least 40 percent of the body
  • Medical benefits cover all reasonable and necessary treatment related to the work injury, with no deductibles or copays for the injured worker

What Are Important Aspects of a Workers’ Compensation Case?

Several factors determine the strength and value of a workers’ compensation case in Texas. Understanding them early gives your attorney a clearer picture.

  • Whether the employer is a subscriber or a non-subscriber, which dictates whether the claim goes through the DWC or the civil courts
  • Whether the injury was reported to the employer within 30 days, as required under the Texas Workers’ Compensation Act
  • The quality and consistency of the medical records linking the injury to the workplace incident
  • Whether the carrier has accepted or denied the claim, and whether a benefit review conference has been requested
  • Whether a third-party negligence claim exists against a contractor, equipment manufacturer, property owner, or another party

What Is the Workers’ Compensation Case Timeline?

Workers’ compensation claims in Texas follow an administrative process overseen by the Division of Workers’ Compensation within the Texas Department of Insurance. The general timeline proceeds as follows.

  • The worker reports the injury to the employer within 30 days and seeks medical treatment
  • The employer’s insurance carrier investigates and either accepts or denies the claim
  • If denied or disputed, the worker files a formal claim using DWC Form-041 within one year of the injury
  • The dispute enters DWC’s resolution process: benefit review conference, then contested case hearing if necessary
  • The worker reaches maximum medical improvement, and impairment is rated by the treating physician
  • For third-party personal injury claims, the statute of limitations is two years from the date of injury under Texas Civil Practice and Remedies Code § 16.003

What Should You Bring to Your Workers’ Comp Consultation?

Having documentation ready at your first meeting helps your attorney assess the claim immediately. Useful materials include:

  • Medical records and bills related to treatment received for the injury
  • The incident report or any written communication submitted to the employer
  • Correspondence from the insurance carrier, including any denial letters or benefit determinations
  • Wage records or pay stubs from the period before the injury

Your consultation with Davie & Valdez P.C. is free and confidential. We will review the facts, identify the strongest legal path, and give you a candid evaluation of the claim.

What Are Important Texas Legal Resources for Workers’ Compensation Cases?

Texas provides several public resources for injured workers navigating the workers’ compensation system. The following agencies offer information and assistance.

Davie & Valdez P.C. does not endorse the services of any agency listed above.

Reach Out to Davie & Valdez P.C. to Schedule a Consultation

If you have been hurt on the job in El Paso or anywhere in West Texas, Davie & Valdez P.C. can evaluate your workers’ compensation claim and determine whether additional legal claims may apply. You will not owe attorney fees unless we obtain a recovery on your behalf. Contact us to schedule a free case review with an El Paso workers’ comp attorney.

 

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