In 2020, there were 68,750 occupational injuries in the state of Texas that required the employee to take time off work. If this were to happen to you, do you know what kind of compensation you’d be entitled to? All too often, employees are hurt at work and aren’t adequately compensated for their expenses incurred due to the injury. If you have questions about a recent workplace injury and about how to pursue the maximum insurance settlement, call me at The Fostel Law Firm in Houston, Texas to discuss your options. I'm able to assist clients in Texas and the Southeast New Mexico area, but I also maintain a nationwide practice and will review cases from any state for no charge. Reach out today to schedule a consultation.
Essentially, it depends. There’s no clear answer to this question. The maximum payment you could be due is highly dependent on the specifics of your case and your average wages. In general, the more severe the workplace accident, the higher the final settlement will be. Texas law sets caps on the maximum amount a worker can earn in temporary income benefits which is currently $1,058 per week. Typically, you can receive benefits for 104 weeks if you remain unable to return to work.
If your injuries last longer than 104 weeks, you may qualify for an extension if your medical provider says your condition isn’t likely to improve and that you’ve been permanently impaired. You’ll then be re-evaluated and your doctor will give your impairment a severity rating between 1% and 99%. For each percentage, you’ll receive an additional three weeks of benefits. For example, if you’ve already been out of work for 104 weeks and your doctor determines your injuries leave you at a 50% impairment level, you may receive an additional 150 weeks of benefits. Impairment benefits are capped at 70% of your average weekly earnings before your on-the-job injury and are maxed out at $741 per week.
Beyond this, you may also qualify for supplemental income benefits or lifetime income benefits if your injury is severe enough. The best way to gauge how much your case may be worth is by speaking with a workers’ compensation attorney who can thoroughly evaluate your claim and advise you on the best path forward.
While each case is different, you can increase your chances of a higher settlement by following a few simple guidelines.
First, you should never accept the first settlement an insurance company offers. Adjusters have a lot on their plates and they’re looking to close out your file and move on to the next. To do this, they’ll often throw out an offer to you before they’ve really had time to examine all the evidence and truly understand the full extent of your injuries.
Another important step is to seek out medical attention as soon as possible. You should adhere to all treatment plans, including seeing specialists and attending follow-up appointments. You’ll need comprehensive documentation during the claims process to understand how your injuries not only affect your ability to work now but how they could continue to affect you in the future.
Finally, the best way to ensure your chances for maximum compensation is to work closely with a workers’ compensation attorney. It’s essential you understand state laws regarding compensation and how best to negotiate with insurance companies. An experienced attorney can be your advocate through this time and help you appreciate the true value of your case.
From my office in Houston, I’m able to serve clients throughout Texas, Southeast New Mexico, and the rest of the nation. If you’ve been injured on the job, you deserve to work with a personal injury attorney who will make you their number one priority and will defend your rights at every stage. Call The Fostel Law Firm today to get started.
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