Workplace Injuries

Unlike other states, businesses in Texas are not required to have workers’ compensation insurance. However, even if they do opt to provide workers’ comp, it is very unlikely that the business will do its utmost to provide you with the full compensation you are owed.

A work injury lawyer in Houston can help you fight for your full compensation. At Grimes & Fertitta, we are familiar with how to combat the tactics used to cheat Texas workers from getting the full financial benefits and will work hard to get you every penny you deserve.

Grimes & Fertitta can help you file suit against employers that do not provide workers’ comp or against any third parties(contractors, manufacturers of machinery, etc.) who may be at fault for your injury.

Workers’ compensation in Texas is a “no-fault” policy. In other words, even if the injury you incurred was your fault, you are still owed compensation by your employer. If a third party or parties contributed to your injury via negligence or other illegal means, you are within your rights to pursue them for compensation (regardless of whether or not your employer also provides compensation).

Note that employers must comply with the standards set out by the federal Occupational Safety and Health Administration (OSHA). If an injury occurred due to an employer’s negligence, that may affect the financial benefit you receive. This is especially true if your employer does not have workers’ compensation insurance.

If your employer has workers’ compensation insurance, you may be eligible for four different types of benefits.

• Medical benefits: Medical benefits are paid directly to those responsible for your treatment. They are limited to what is deemed reasonable and medically necessary treatment.
• Income benefits: Income benefits are meant to provide compensation for lost wages and for the physical impairment of a worker’s body. Income benefits are the most complicated type of workers’ compensation benefits and are split into four different categories meant to differentiate between types of disabilities:
  • Temporary Income Benefits (TIBs): Temporary income benefits owed to injured workers until you are either able to return to work or until you have achieved “maximum medical improvement” (MMI). If you are not able to return to work and do not achieve MMI within 2 years, these benefits terminate after 2 years.
  • Impairment Income Benefits (IIBs): Benefits owed for permanent injury or illness.
  • Supplemental Income Benefits (SIBs): Benefits owed to injured workers who receive a “body impairment rating” of 15% or higher and meet additional stipulations.
  • Lifetime Income Benefits (LIBs): Benefits owed to workers with severe, debilitating injuries. The benefit amount is 75% of an injured worker’s average weekly wage (AWW) and includes an annual 3% increase.
• Death benefits: Death benefits are owed to the family of a worker who was killed on the job. They are meant to replace part of the deceased family member’s income.
• Burial benefits: Burial benefits are meant to provide partial coverage of a deceased worker’s funeral costs.

If your employer does not provide workers’ compensation insurance, you have the option to file suit for compensation. Most injured workers pursue compensation for the following damages when filing suit against their employer or a third party:

• Medical bills and expenses
• Lost wages (past and future)
• Pain and suffering (past and future)
• Physical impairment and disfigurement
• Mental anguish