Being injured on the job can be stressful. Besides the actual injury itself, knowing what your next steps should be can feel overwhelming. Many people are worried about facing retaliation and losing their jobs, while others may simply be confused about the paperwork. Whether the workplace accident just happened or you’re dealing with issues like a denied claim, our team can help. Attorney Roger C. Davis has 40 years of experience representing fired and injured workers in El Paso, Texas and Southern New Mexico. Call us today to work with our El Paso, TX workers comp lawyer!
El Paso, TX Workers Comp Lawyer
Injuries can happen for many reasons in the workplace. Workplace injuries are commonly associated with very physically demanding jobs, like construction and manufacturing. However, workplace injuries can happen in any job. Even office workers can develop issues like carpal tunnel syndrome after years of repetitive motions. Besides physical injuries, you can also develop an illness.
You have every right to pursue a workers’ comp case, and depending on the injury or sickness, you might be entitled to medical care, temporary income benefits, impairment benefits, or even lifetime income benefits if the incident leaves you permanently disabled. Pursuing this right can be difficult, and there can be many reasons why your claim is denied. Sometimes, it’s as simple as due to paperwork errors or a missed deadline. Other times, however, your employer or their insurance may deny the claim by claiming that you were at fault.
Besides outright denied claims, insurance companies often push back on the amount of coverage that’s necessary. They may opt for less expensive surgeries or treatments in favor of ones that are more cost-effective. While this can save the employer money, doing so can mean the injury doesn’t properly heal, or your overall quality of life is reduced. Our team can intervene and push for fair and just compensation. We can also defend you in court should issues like retaliation happen.
Our Experience Matters For Workers’ Comp
Experience matters following a workplace accident or sickness, especially if issues like a denied claim arise. Our experienced El Paso workers comp lawyers can help at every stage of the process.
- John Valdez is licensed to practice in Texas and New Mexico. He received his Doctor of Jurisprudence in 2004 from Texas Tech University School of Law. During his career, he has received several distinctions, including Texas Super Lawyers Rising Star for 2015, 2016, and 2017.
- Roger C. Davie has decades of legal experience. Besides helping injured workers through workers’ comp, he has experience in areas like wrongful termination, retaliation, and hostile work environments.
- Combined, our team brings over 50 years of legal experience, and we’re proud to have several positive testimonials from satisfied clients. We always fight hard for our clients, and we can help you receive compensation and benefits.
Being injured on the job can be stressful, especially if your workers’ comp claim was denied. Whether you’re struggling with paperwork or are facing harassment from your employer, our workers’ compensation lawyer can help. Call us today to schedule a free consultation with our Davie & Valdez P.C. law firm!
Workers’ Comp Lawyer El Paso, TX
Workmen’s settlement advantages provide workers with a form of insurance coverage that can be used to support them economically through wage replacement and clinically through medical benefits. While the specific amount of time that benefits are offered, and the specific type of benefit supplied are managed by law and individual situations, there are four unique types of workers’ settlement benefits. Learn more by calling our work injury lawyers at Davie & Valdez, P.C., today.
Common Misconceptions About Workers Compensation
If you suffered an injury in the workplace, you have the right to file a workers compensation claim. However, you might have heard several myths about the process that are making you reluctant to do so. Here are some common misconceptions about workers compensation that you should not believe.
- Your employer won’t be involved in your claim. Some people assume that their employer will not have anything to do with their workers’ compensation claim. This is not true at all. Your employer is actually the one who is required to file the accident report. Therefore, you should inform your employer about your injury as soon as possible.
- Only severe injuries qualify for workers compensation. This is another major myth about workers compensation. Just because you did not suffer a traumatic brain injury or other life-threatening injury at work, does not mean you can’t receive workers compensation benefits. Even seemingly minor injuries, like scrapes and cuts, can result in high medical bills.
- Your employer could fire you for filing for workers compensation. One of the main reasons why workers are reluctant to file for workers compensation is because they think they will be fired. However, it is illegal for employers to fire their workers for this. If your employer does try to fire you, get in contact with our workers comp attorney in El Paso, TX promptly.
- To receive benefits, you must be at the job site when you get injured. You do not need to suffer an injury at the job site to qualify for benefits. For example, if you have to drive a vehicle as part of your job and get into a car accident, you qualify for workers compensation benefits.
- Workers compensation covers all your losses from the injury. Unfortunately, this is not true. Workers compensation will only pay for your medical bills and lost wages. You won’t be able to receive benefits for other damages like pain and suffering and emotional distress.
- It’s not necessary to hire a lawyer. While you are not technically required to hire a workers compensation lawyer, it is in your best interest to do so. This is especially true if your case involves challenges, like a permanent disability or an employer who is retaliating against you. With our skilled lawyer on your side, you have a higher chance of receiving a fair settlement.
Your Workers Comp Options
Our El Paso, TX workers comp lawyer understands that returning to work after an injury can be a complicated and emotional process. At Davie & Valdez P.C., we know the challenges you face and are here to provide guidance and support. Whether you’re dealing with physical limitations, emotional stress, or a combination of both, you have options to consider that can help you get back on your feet. Here, we’ll outline various paths you can take, making sure that you make informed decisions every step of the way.
Communicate With Your Employer
Open and honest communication with your employer is essential. Let them know about your injury, the extent of your limitations, and your readiness to return to work. By maintaining transparency, you allow your employer to accommodate your needs more effectively. This could mean adjusting your workload, providing special equipment, or even modifying your work environment to facilitate your safety and comfort.
Explore Vocational Rehabilitation Programs
Vocational rehabilitation programs are designed to help individuals with disabilities or injuries re-enter the workforce. These programs offer a range of services, including job training, career counseling, and assistance with job placement. By participating in a vocational rehabilitation program, you can acquire new skills or refine existing ones, making it easier to transition back to work.
Seek Medical Clearance And Follow Your Doctor’s Advice
Your healthcare provider plays a critical role in your recovery and return to work. It’s essential to obtain medical clearance before resuming any job duties. Follow your doctor’s recommendations regarding work restrictions and accommodations. By adhering to medical advice, you reduce the risk of aggravating your injury and support a safer return to the workplace.
Utilize Employee Assistance Programs
Many employers offer Employee Assistance Programs (EAPs) that provide confidential counseling and support services. EAPs can help you cope with the emotional and psychological challenges of returning to work after an injury. They may also offer resources for managing stress, improving work-life balance, and addressing any personal issues that could impact your performance.
Consider Part-Time Or Transitional Work
If jumping back into full-time work feels overwhelming, consider starting with part-time or transitional work. This gradual approach allows you to ease back into your routine without overexerting yourself. Discuss this option with your employer and develop a plan that accommodates your recovery while maintaining productivity.
Stay Informed About Workers’ Compensation Benefits
If your injury occurred at work, you might be entitled to workers’ compensation benefits. These benefits can cover medical expenses, lost wages, and rehabilitation costs. Understanding your eligibility and the process for claiming these benefits can provide financial support as you recover and return to work.
Foster A Supportive Work Environment
Creating a supportive work environment can significantly impact your recovery and reintegration. Encourage open communication with colleagues and supervisors about your progress and any ongoing challenges. A positive and understanding work culture can make your return to work smoother and more successful.
Maintain A Positive Mindset
Returning to work after an injury requires resilience and a positive mindset. Focus on your progress, celebrate small victories, and seek support from friends, family, and colleagues. Maintaining a positive outlook can boost your confidence and help you overcome obstacles during your transition.
Returning to work after an injury involves careful planning and consideration of various options. Our El Paso employment compensation lawyer is dedicated to helping you every step of the way. If you need assistance with understanding your rights, managing legal protections, or addressing any concerns related to your return to work, don’t hesitate to reach out to us at Davie & Valdez P.C. We’re here to support you and facilitate a smooth and successful transition back to the workforce. Contact us today to learn how we can help.
Wage Replacement Benefits
This category of benefits comprises 3 types of wage replacement strategies; each is dependent on the time of injury and the effect of the injury on the employee’s ability to make.
Momentary total impairment benefits are offered to hurt workers who momentarily can not work due to their work injury or those who can not find work due to the restrictions put on them. This advantage is paid at two thirds of their wage at the time of injury.
Short-lived partial disability advantages are offered to workers who have actually returned to work given that their injury however is making less than they were making at the time of their work injury due to the disabling impacts of the injury. This benefit is also paid to two thirds of their wage at the time of their injury. These partial disability advantages end when the employee’s wage rises to 90 per-cent or more of their pre-injury wage.
Irreversible total impairment benefits are paid to employees whose disability leads to their being not able to return work that would make them a consistent wage. This rate is likewise paid out at two thirds of the pre-injury wage.
Irreversible Partial Impairment Advantages
These advantages are offered for employees who have actually suffered irreversible special needs such as a loss of a body part or its working due to a work related injury. The quantity of this benefit is chosen by the long-term partial disability ranking.
Vocational Rehabilitation Benefits
Vocational rehab advantages are offered for injured employees who require assistance in returning to their former job or a comparable job in a various work environment. These advantages enable the arrangement of a variety of programs such as re-training and on-the-job training. A Certified Rehab Expert may be offered to help the worker in managing their disability or injury in the work environment. Find out more by contacting our employment law attorney.
Medical Advantages
The employer and insurance provider are responsible for the payment of affordable and required healthcare and prescriptions for any work environment injuries. Depending upon the injury this medical care can consist of surgery, hospitalization, physical treatment and chronic pain management.
Temporary partial special needs advantages are available to workers who have returned to work, but are earning less than they were making at the time of their work injury due to the debilitating effects of the injury. These partial impairment advantages end when the employee’s wage rises to 90 per-cent or more of their pre-injury wage.
Occupation rehabilitation benefits are available for hurt employees who require support in returning to their previous job or a similar task in a various work environment. These benefits enable the arrangement of a number of programs such as retraining and on-the-job training.
Call our workers’ comp lawyers El Paso, TX today.
El Paso Workers Comp Infographic
El Paso Workers Comp Statistics
Workers’ compensation benefits provide essential support for employees injured on the job. Annually, U.S. employers pay over $100 billion in workers’ comp benefits, covering medical expenses, lost wages, and rehabilitation costs. Wage replacement benefits typically cover 66-80% of lost income, though caps vary by state.
About 2.6 million nonfatal workplace injuries are reported each year, with the average cost of a workers’ comp claim exceeding $40,000 for severe injuries. Common claims include musculoskeletal injuries, accounting for 30% of cases. Construction and healthcare workers frequently file claims due to higher risks of accidents.
Your Workers’ Compensation FAQ
Workers’ compensation can be a complex area to understand, but it is essential to know your rights if you are injured on the job. Our El Paso, TX workers comp lawyer aims to provide clarity and support during these challenging times. Below, our board-certified team at Davie & Valdez P.C. answers some common questions to help you understand the process better.
What Is Workers’ Compensation, And Who Is Eligible?
Workers’ compensation is a type of insurance that provides medical benefits and wage replacement to employees injured during their employment. Almost all employees are covered, including full-time, part-time, and seasonal workers. The critical factor is that the injury or illness must be work-related. Workers’ compensation is designed to be the exclusive remedy for workplace injuries, meaning you generally cannot sue your employer for an injury covered by workers’ compensation. However, there are exceptions, such as cases involving intentional harm or third-party liability. Consulting with our attorney can help determine if you have additional legal options beyond workers’ compensation.
What Should I Do If I Get Injured At Work?
First and foremost, seek medical attention immediately, even if the injury seems minor. Once your health is stabilized, inform your employer about the incident as soon as possible. Most states have a specific timeframe within which you must report the injury to qualify for benefits. Document everything and keep a record of all medical treatments and communications with your employer. Your health and safety is of utmost importance and should be taken seriously. Seeking medical attention quickly not only benefits in the short term but could also legally benefit your case long-term.
How Long Do I Have To File A Workers’ Compensation Claim?
The timeframe for filing a workers’ compensation claim varies by state, but generally, you must report the injury within a few days to a month after the incident. After reporting to your employer, you typically have up to two years to file the actual claim. Missing these deadlines can jeopardize your ability to receive benefits, so it is crucial to act promptly. Don’t wait to seek justice for a workplace injury, but file a claim as quickly as possible to recover the maximum compensation available.
Can I Choose My Own Doctor For Treatment?
In many states, your employer or their insurance provider may have a network of approved medical providers that you must use for your initial treatment. However, after a certain period or number of visits, you might have the option to switch to a doctor of your choice. It is essential to understand your state’s specific rules regarding medical treatment under workers’ compensation to make sure that you receive the appropriate care. Our El Paso workers comp attorney is willing and able to answer specific questions regarding your case, no matter how complicated the situation may be.
What Benefits Can I Receive Through Workers’ Compensation?
Workers’ compensation benefits typically include coverage for medical expenses related to the injury, temporary disability payments while you are unable to work, and permanent disability payments if you suffer a lasting impairment. Additionally, vocational rehabilitation services may be available to help you return to work. The calculation of workers’ compensation benefits varies by state but generally involves a percentage of your average weekly wage. Temporary disability benefits typically amount to two-thirds of your regular earnings, subject to state-specific maximum and minimum limits. Permanent disability benefits are calculated based on the severity of your impairment and your ability to work.
Workers Comp Glossary
If you’re seeking support after a workplace injury, understanding the legal and financial aspects of workers’ compensation can feel overwhelming. Our workers injury lawyers are here to provide clarity on essential terms you may encounter throughout the claims process.
Workers Compensation
Workers’ compensation is an insurance system designed to protect employees who experience injuries or illnesses related to their job. It offers coverage for medical care, rehabilitation, and partial wage replacement if you’re unable to work temporarily or permanently due to your injury. By accepting workers’ compensation benefits, employees typically forgo the option to sue their employer for workplace-related harm. This system is structured to offer a fair and balanced resolution for both employers and employees.
Texas Workers Compensation Act
The Texas Workers’ Compensation Act governs workers’ compensation processes and policies in Texas. This state-specific law outlines the rights and obligations of employees and employers, such as timely reporting of workplace injuries and disputes over benefits. It also provides the framework for determining eligibility, calculating benefits, and resolving claims efficiently. Familiarity with this law is key when filing a claim in Texas, as it sets out the procedures that must be followed.
Duty Of Care
Employers owe a duty of care to their employees, meaning they are legally obligated to maintain a safe working environment. This includes identifying and mitigating workplace hazards, providing proper training, and following safety regulations. Failure to fulfill this duty could lead to workplace injuries, potentially opening the door to additional legal liabilities for the employer. Understanding duty of care is crucial, as it underscores the measures employers must take to safeguard their teams.
Vocational Rehabilitation
Vocational rehabilitation helps injured employees transition back into the workforce after a workplace injury or illness. These services may involve skills training, career counseling, and assistance with finding a suitable job that accommodates any physical or mental limitations resulting from the injury. The goal is to restore the worker’s ability to earn a living, even if their previous role is no longer feasible due to the injury.
Temporary Disability Benefits
Temporary disability benefits are financial payments provided to employees who are unable to work temporarily because of a workplace injury or illness. These benefits generally amount to a percentage of your average weekly earnings and are designed to cover living expenses during your recovery period. The benefits end once you are able to return to work or if your condition stabilizes into a permanent impairment.
Understanding your workers’ compensation rights is vital to making sure that you receive the benefits you deserve after a work-related injury. If you have further questions or need assistance with your claim, our El Paso workers comp lawyer is here to help. Our experienced team at Davie & Valdez P.C. is dedicated to providing the support and guidance you need during this challenging time.