Workplace Injuries Attorney Serving the Greater Houston Area

In the bustling state of Texas, where industries thrive and the workforce is dynamic, workplace injuries are unfortunately a common occurrence. In 2022 alone, Texas witnessed over 178,000 nonfatal workplace injuries and illnesses, highlighting the importance of seeking knowledgeable legal representation to guide you in the filing of workers' compensation and personal injury claims.  

When workplace injuries occur, they often bring not only physical pain but also a great deal of uncertainty and stress regarding medical expenses, lost income, and job security. Understanding your rights and available options, such as working with a workplace injury attorney, is essential for your recovery.  

At Jose Orihuela, Attorney at Law, I am dedicated to representing individuals in and around Webster and Houston, Texas, who have suffered injuries in the workplace. My firm is committed to fighting for the compensation and support you deserve. You can trust that I will be by your side every step of the way so that you can focus on your recovery and health.  

Understanding Workplace Injuries

Workplace injuries can range from minor accidents to severe, life-altering injuries and illnesses. Whether it's a fall, equipment malfunction, or exposure to hazardous materials, the consequences can significantly impact your health and livelihood.  

In Texas, private employers may choose to carry workers' compensation insurance coverage, but it is not required in most cases. If an employer does decide to offer this benefit, the insurance policy provides lost wages and medical benefits to employees injured on the job. This coverage limits liability if an employee sues a business for damages, except when gross negligence results in a fatality.  

However, navigating the claims process and understanding what compensation you’re entitled to can be overwhelming. Our firm handles a wide array of workplace injury cases, including, but not limited to: 

• Overexertion and repetitive strain injuries 

• Falls from heights or slip-and-fall accidents 

• Machinery and equipment-related accidents 

• Transportation and vehicle-related accidents 

• Exposure to harmful substances or environments 

• Burns and electrical injuries 

• Construction accidents 

Each case is unique, and we closely evaluate the circumstances surrounding your injury to build a strong advocacy strategy.

Your Rights as an Injured Worker

If you're injured on the job, you have certain rights under Texas law, including the right to: 

• Receive medical treatment for your injuries 

• Obtain compensation for lost wages due to time off work 

• Be protected from retaliation by your employer for seeking workers' compensation 

• Pursue legal action if your injury was caused by someone else's negligence or if your employer does not have workers' compensation insurance 

• Secure vocational rehabilitation services if unable to return to your previous job 

• Receive compensation for any permanent impairment or disability 

• Appeal decisions made by your employer or their insurance company regarding your workers' compensation claim 

It's important to understand that these rights aim to support your recovery and return to work. However, the process and eligibility for these benefits can be complicated. Working with an experienced personal injury attorney can help ensure your rights are fully protected and that you receive all the benefits to which you are entitled. 

What Medical Benefits Are Available?

Medical benefits for workplace injuries are designed to cover all necessary medical treatment related to the injury you sustained on the job. This includes, but is not limited to, hospital visits, medical examinations, treatments, surgeries, medications, and necessary rehabilitation. It's essential to understand that to be eligible for these benefits, treatment must be provided by an authorized healthcare provider within the network appointed by your employer's workers' compensation insurance. 

Types of Benefits

The aftermath of a workplace injury involves understanding the different types of benefits you may be eligible for. These benefits are designed to support you during your recovery process, helping you cover medical expenses and compensate for lost wages. 

Temporary Income Benefits (TIBs) 

If your work-related injury or illness causes you to miss work, you may be eligible for Temporary Income Benefits. These benefits are intended to compensate you for a portion of your lost wages until you can return to work, usually up to 70% of your average weekly wage. 

Impairment Income Benefits (IIBs) 

Once a doctor determines you have reached Maximum Medical Improvement (MMI) but you still have a lasting impairment, you might be eligible for Impairment Income Benefits. These are based on the extent of your impairment as assessed by a doctor, stated as a percentage which then determines the length of time you will receive the benefits. 

Supplemental Income Benefits (SIBs) 

If you're severely impaired and unable to return to work or can only earn a portion of your pre-injury wages, you may qualify for Supplemental Income Benefits. These benefits are paid monthly and are based on the difference between your current earnings and your pre-injury wage, considering your impairment rating. 

Lifetime Income Benefits (LIBs) 

For severe injuries, such as total loss of sight in both eyes, loss of both hands, paralysis, and others, you may receive Lifetime Income Benefits. These benefits continue for the duration of the disability and compensate for a significant portion of the injured worker's average weekly wage. 

Workplace Modifications 

In cases of returning to work after an injury, workplace modifications may be necessary to accommodate the injured worker's limitations. This can include adjustments to the work environment, changes in job duties, or the use of specialized equipment to enable the worker to perform their job duties effectively and safely. 

Unemployment Benefits

If you're unable to return to your job due to the severity of your injury and are actively seeking employment that fits your limitations, you might be eligible for unemployment benefits. However, note that you cannot receive unemployment benefits and workers' compensation benefits simultaneously. Eligibility for unemployment benefits requires that the injured worker is capable of working in some capacity, actively seeking employment, and that their unemployment is not due to their disability. 

How We Can Help

At Jose Orihuela, Attorney at Law, I provide personalized legal representation tailored to the specifics of your workplace injury case. I can assist with guiding you through the workers' compensation claims process, securing adequate medical care and rehabilitation services, fighting for fair compensation for your injuries, lost wages, and future needs, and litigating against third parties when applicable. I understand the hoops and ladders involved in workplace injury claims and strive to ensure that your rights are fully protected. 

FAQs About Workplace Injuries

What should I do if I've been injured at work? 

Immediately report the injury to your employer, seek medical attention, and document everything related to your injury and expenses. Then, consult with a workplace injury attorney to discuss your rights and next steps. 

Can I sue my employer if I get injured at work? 

In Texas, if your employer has workers' compensation insurance, you are generally barred from suing them for workplace injuries, unless gross negligence results in a fatality. However, there may be exceptions or third-party claims that an experienced attorney can help you explore. 

How long do I have to file a claim for a workplace injury in Texas? 

For workers' compensation claims, you typically have one year from the date of the injury to file a claim. It's important to act quickly and consult with an attorney to ensure your claim is filed in a timely manner.