Every day, employees across the country deal with all kinds of injuries at their workplace. If you’re one of those unlucky workers, you might be wondering what your next steps should be.
At Roven Camp, we understand that getting the medical care you need is essential, but it can be difficult to know where to start. If your injury results in disability, trying to get the benefits you deserve can be an even greater challenge.
That’s where a lawyer with experience in workplace injury cases can help.
An experienced Texas workplace injury lawyer at Roven Camp will know how to navigate the complex legal process and help you get the benefits you deserve. In this article, we’ll discuss the steps you need to take to get the medical care you need and the benefits you deserve after a workplace injury.
What Types of Benefits are Available to Injured Workers?
When an employee suffers an injury on the job, they often have to go through a lot of red tape in order to get the medical care and disability benefits that they need. This can be true in Texas, or anywhere else throughout the U.S. This process can be difficult and time-consuming, especially if the employee is not familiar with the system.
The benefits and procedures available to workers in Texas can vary greatly depending on the status of your employer and the type of benefits the employer provides to its employees.
This will depend on whether your employer is a subscriber or non-subscriber to the Texas Workers’ Compensation system. If the employer is a subscriber to the workers’ comp system, then you are generally limited to the benefits available under that system.
However, be aware that there may also be a third party that is responsible for your injuries, in which case you may be able to file a claim or lawsuit against that responsible third party.
If the employer is a non-subscriber, the available benefits will depend on whether your employer has other benefit plans available to its employees. Some benefit plans require the employees to apply for benefits through the plan’s insurance and/or administrative process.
Many of these benefit plans will also limit the employee’s right to file a lawsuit against the employer and instead require the employee to file a claim through an arbitration process.
Other employers may be non-subscribers to the workers’ comp system and may still offer no benefit plan, in which case an injured employee would have to use their own health insurance (either employer-provided or private insurance) or other personal insurance benefit plans to seek benefits for short or long-term disability. And in some cases, an employee may not have any health insurance or other insurance benefits.
If the employer is a non-subscriber, and the employment agreement or plan does not require arbitration, then the injured employee can file a lawsuit against an employer who caused the employee’s injuries.
Additionally, the employer who is a non-subscriber to the workers’ comp system loses some of the generally available defenses, such as alleging contributory negligence by the employee or that the employee assumed the risk of working in a dangerous environment.
Types of Medical Benefits and Procedures for Workers after an Injury
In situations in which benefit plans are available, these workers can also face delays in getting their benefits approved, or even having their benefits denied altogether. This can be extremely frustrating, especially if the employee is in a lot of pain and struggling to get by financially.
Here is a list of things employees may face:
- Applying for medical benefits: The employee must provide documentation from their doctor detailing the nature of the injury and how long they will be unable to work.
- Applying for disability benefits: The employee must prove that they are unable to work due to their injury and provide documentation from their doctor.
- Getting approval for surgery or other treatment: The employee’s doctor must submit a request to the insurance company, which can take weeks or even months to approve.
Whether you qualify for disability benefits depends on many factors, including:
- whether you have paid into social security,
- the benefits offered by your employer,
- the employer’s status as a subscriber or non-subscriber to the workers’ compensation system,
- the severity of your injury,
- your ability to return to work or work in another job or industry, and
- the length of time you will be unable to work.
The process of getting benefits after an injury can be very difficult and time-consuming. Employees may have to jump through a lot of hoops in order to get the care and support they need.
That’s why it’s important to have an experienced workplace injury lawyer like our team at Roven Camp in Houston, Texas on your side.
Contact a Texas Workplace Injury Lawyer Today
We know how confusing and frustrating the process of getting benefits after an injury at work can be. Constant delays, mounting medical bills, and the fear of not being in control of your life can make it seem impossible to get the help you need. But you don’t have to go through this process alone.
Our Houston, Texas-based attorneys at Roven Camp are here to help you every step of the way. We have years of experience helping employees get the benefits they deserve. We’ll handle the paperwork, negotiate with the insurance companies, and fight for the full amount you’re entitled to. Contact us today to schedule a free consultation. We’ll review your case and advise you on the best course of action moving forward.