When To Get a Lawyer For A Work Injury: Key Signs and Steps

Michael S. Callahan | | Work Injuries
when to get a lawyer for work injury

On top of the physical pain and recovery process after a work injury, there are additional stresses related to your ability to continue working or paying your bills. The Callahan Law Firm is experienced in worker injury cases and can help you navigate this process so you get both the medical coverage you need and any lost wages that are afforded to you under Texas law.

Factors To Consider When Handling Your Own Case

Many workers who suffer a workplace injury believe that they can manage their own case. Your employer may even suggest that you can handle the case yourself and discourage your from talking with an attorney.

The problem with handling your own case is that Texas workplace law is very complex, most likely filled with legal protections and remedies available to you that you’re not aware of. Handling your own case means you may miss out on significant compensation and accommodations that could help you during your recovery process.

However, there are rare instances where it may be prudent to handle your own case. Below, we’ll outline some instances that may warrant handling the case yourself.

  • Your injury was minor and didn’t require a doctor or hospital visit.
  • Your employer doesn’t contest that the injury occurred while on the job.
  • You did not miss any work due to the injury.
  • You had no other concurrent or preexisting conditions that the workplace injury exacerbated.

If your situation is similar to any of the above situations, it’s still wise to consult with a qualified workplace injury attorney. Some injuries that initially appear to be minor may have long-term consequences that can impact your ability to work. A workplace injury lawyer can explain all of your options so you and your family enjoy the full legal protections that Texas offers to those who are injured on the job.

Signs That You Need To Hire A Work Injury Lawyer

After you’ve been injured at work, you may not know exactly when you should contact a lawyer. Generally, you want to contact a lawyer as soon as possible once your medical condition has stabilized.

This is especially true if any of the following circumstances apply to you after your injury.

Denial of Claim or Delayed Benefits by the Employer’s Insurance Company

It’s not unusual for many workers’ compensation claims to be denied by the insurance company. If your claim is accepted, there are strict timelines in Texas stating when certain payments to you must start. If there is any denial or delay during this process, you should consult with a lawyer.

Inadequate Claim Offers That Fail to Cover Lost Wages or Bills

Your employer or their insurance company may try to rush you into accepting an arrangement that doesn’t fully cover your losses as a result of your injury.

In Texas, workers’ compensation claims and reimbursements must follow strict regulations. However, that doesn’t guarantee that you will receive the full compensation you may be entitled to. It just means your compensation will meet minimum legal standards set by Texas law. This is why it’s so important to consult with a lawyer during the workers’ compensation claims process.

Medical Issues Preventing a Return to Work or Causing Permanent Disability

Under Texas labor law, your maximum medical improvement (MMI) and impairment rating (IR) are two critical factors in determining the amount and length of your compensation payments. Your MMI is when your doctor believes you have reached the maximum recovery possible. Your IR is how much of a lasting debilitating impact the injury will have.

Insurers sometimes try to use these measurements to stop payments prematurely or limit the amount that is paid. These issues are complex and require an experienced attorney who understands the legal implications of your medical situation and diagnosis.

Employer Retaliation for Filing a Workers’ Compensation Claim

If you feel you’ve been retaliated against in any way for filing a workers’ compensation, you should contact an experienced attorney. Retaliation against workers is a serious matter and you need to protect your rights in these instances.

Injuries Caused by Third-Party Actions or Employer Misconduct

Cases involving a third party or employer gross negligence may require additional civil legal action beyond workers’ compensation. If an employer does not have workers’ compensation insurance, then this type of civil legal action is usually required.

Steps to Take When Hiring a Work Injury Lawyer

If you’ve never hired a lawyer before, it may seem like a difficult undertaking. But following the steps below will help you navigate the process and find an attorney who will competently represent you.

Research Potential Lawyers and Create a Shortlist

Your first step should be to research several lawyers in your area who specialize in personal injury cases and workplace injuries. These cases are complex and involve knowledge of both Texas labor law and how it relates to specific medical conditions. Experience should be your top criterion during this search.

Contact Each Lawyer and Schedule a Consultation

You can contact each lawyer by phone and explain your case to them. This initial phone call will not put you under any obligation. During this call, the lawyer will ask you for certain details regarding your case so they can make an initial determination as to the best steps forward.

You also want to use these phone consultations to assess how comfortable you feel with each lawyer and how well they listen to your situation.

Ask About fee Structures and Agreement

Workplace injury lawyers in Texas usually work on a contingency fee, which means their hourly rate is deducted from your workers’ compensation amount. In Texas, this fee cannot exceed 25% of your total compensation. Remember, your initial consultation with The Callahan Law Firm is free of charge, and we’ll help you understand your next steps and feel as supported as possible during this process.

Sign an Agreement and Allow the Lawyer to Begin Representing you

When you’ve decided on the best lawyer for your case, you will enter into an agreement with them to represent you. From that point on, most of your communications regarding the case will be handled through your attorney so you can focus on your recovery.

Benefits of Working With A Work Injury Lawyer

After an injury, some employees feel they can work with their employer to reach an agreement. But in workers’ comp cases, it is the employer’s insurance company that dictates the claims process and compensation. This means they have experienced lawyers and experts to try to find the best outcome for themselves and not necessarily for you.

This is the key reason you should consult an experienced attorney to fight on your behalf. Below, we’ll outline some of the other benefits of working with a lawyer.

Ensuring you Receive the full Compensation You’re Legally Entitled to

An experienced Texas workplace injury lawyer fully understands the laws and thresholds for your specific case. This ensures you receive the full compensation provided to you under Texas labor laws.

Reduce Stress

Navigating a workers’ compensation case on your own can create additional stress that you don’t need as you work towards recovery. When an experienced attorney handles your case, you can focus on your recovery and your family while the attorney fights on your behalf.

Receive a Complimentary Consultation For Your Workplace Injury Case

If you’ve suffered a workplace injury, there are time limits involved that must be adhered to. Contacting a lawyer early in the process ensures your workers’ compensation claim is handled in a timely manner.

The Callahan Law Firm has helped thousands of Texans protect their rights and receive the full workers’ compensation benefits they’re afforded under the law.

Contact The Callahan Law Firm today for a free consultation regarding your injury case. Our workplace injury attorneys can answer your questions and explain the next steps in the process.

Texas Workplace Injury FAQ

What Qualifies as an On Duty Injury?

An injury during the course and scope of employment is considered an injury while on duty. The injury doesn’t necessarily have to occur within the business itself. For example, if you were driving while performing duties for your employer and were involved in an auto accident, that would generally qualify as an injury while on duty.

How to Claim for Injury at Work

After an injury, promptly notify your employer of the situation and seek out immediate medical attention. If your employer carries workers’ compensation insurance, they should provide you with the steps necessary to file a claim. It’s at this point that you should consult with a qualified injury attorney and explain your situation to them.

What Happens When an Employee Gets Injured at Work?

If the employer carries workers’ compensation insurance, the employee will file a claim and then go through the workers’ compensation process to receive payments for medical bills and a portion of any lost wages. Lost wages are paid if the injury caused the worker to lose seven or more days of work.

In Texas, employers can opt out of workers’ compensation insurance (Texas Labor Code Sec. 406.002). In this case, they are considered non-subscribers and you will need to take civil legal action to recover any lost wages or additional damages. In both cases, you should consult a workplace injury lawyer.

Who Pays Medical Bills for Injury on Duty?

In Texas, medical bills are paid by the employer’s workers’ compensation insurance. You should inform both your employer and medical provider that your injury happened at the workplace so that the proper billing and insurance forms are sent to the appropriate parties.

If your employer does not have workers’ compensation insurance, you will have to cover your medical expenses yourself and then file a civil lawsuit against your employer for reimbursement or additional damages.