In Texas, as in any other jurisdiction, there are several reasons why a work injury claim may be rejected. Each work injury claim is unique because the circumstances surrounding the injury, the severity of the injury, the individuals involved, and the applicable laws and regulations can vary from case to case. Even if two workers sustain seemingly similar injuries, there may be differences in the contributing factors or the impact on their ability to work and recover. On This Page: Factors that Could Lead to the Denial of a Work Injury Claim in Texas Hiring a Work Injury Attorney ... Continue Reading

CLAIM DENIED! THE ADVERSE BENEFIT DETERMINATION. Why was My Texas Non-Subscriber Claim Denied and What Can I do? Texas Non-Subscriber Claims are Denied for Infinite Reasons. A claim denial does not mean that you don’t have to right to file a lawsuit. Figure out if you can establish that your employer’s negligence caused your injuries. Seek legal assistance. Figuring out whether your work injury case is covered by workers’ compensation or whether it falls under some nonsubscriber policy can be difficult enough! Understanding the work injury process can be even more ... Continue Reading

Experiencing a work injury during the second half of your work life can have significant impacts on various aspects of your life. It's important to seek appropriate medical care, follow recommended treatment plans, and consult with legal and financial professionals. They can provide guidance on workers' compensation claims, disability benefits, financial planning, and vocational rehabilitation. Here are a few considerations: Career and Income: A work injury can disrupt your career trajectory and earning potential. Depending on the severity of the injury, you may have to take time off work ... Continue Reading

In work injury cases, not every work injury case is the same. Understanding how the incident occurred and what injuries were caused by the incident is essential to understanding your case. When evaluating an employer's argument about degenerative and pre-existing conditions in a work injury case, it is important to consider a few key points, explains Texas Non-Subscriber Lawyer Hector Sandoval. While each case is unique, I can offer some general information to help you understand why you might not want to fully accept the employer's argument: Aggravation of pre-existing ... Continue Reading

Certainly! Here's an explanation of how these two processes differ: Workers' Compensation Process: Workers' compensation is an insurance program that provides benefits to employees who suffer work-related injuries or illnesses. It is a no-fault system, meaning that you can receive benefits regardless of who was responsible for the accident or injury. When you file a workers' compensation claim, you are seeking benefits from your employer's workers' compensation insurance. The workers' compensation process typically involves notifying your employer about the injury, seeking medical treatment, ... Continue Reading

Pursue a workers' compensation claim or a personal injury lawsuit In Texas, if you have a pre-existing injury and you experience a work accident that aggravates or worsens that injury, you may still be able to pursue a workers' compensation claim or a personal injury lawsuit. However, the specific details of your case will ultimately determine the viability of your claim. It's important to consult with an attorney who specializes in Texas workers' compensation or personal injury law to get accurate advice based on your situation. In Texas, the workers' compensation system is optional ... Continue Reading

Degenerative or Pre-Existing Injuries in Non-subscriber Cases Whether you are 18 or 48 years of age, when you suffer a work injury while working for a Texas Non-subscriber employer, one of the guaranteed arguments they will make to defend themselves is that that your injuries are degenerative or pre-existing and could not have been caused by the incident you are reporting at work. This means that your employer and their insurance will argue that certain changes that could exist because of natural aging or simply because of genetics are going to used as a way for the company doctors to explain ... Continue Reading

In third-party work injury claims, you may be entitled to compensation beyond the benefits provided by your employer's workers' compensation insurance. "Let me explain how this works," says Workers Comp Lawyer Hector L. Sandoval from Sandoval Law Firm: Workers' Compensation Benefits: In most cases, when you suffer a work-related injury, you are eligible for workers' compensation benefits regardless of who was at fault. These benefits typically cover medical expenses, a portion of lost wages, and rehabilitation costs. However, workers' compensation benefits may have certain limitations, ... Continue Reading

Under Texas Law, An Employer May Choose Not to Provide Workers' Compensation Insurance In Texas nonsubscriber cases, where an employer has chosen not to provide workers' compensation insurance, injured employees have the option to pursue a personal injury lawsuit against their employer. In such cases, there are several types of damages that an injured worker can potentially claim that are not available in a workers' compensation case. These may include: Pain and Suffering: In a nonsubscriber case, an injured employee may be able to seek compensation for physical pain, emotional distress, ... Continue Reading

In Texas, workers' compensation laws provide specific guidelines regarding compensation limits for injured workers. The compensation system in Texas is designed to balance the interests of both employers and employees. There are a few key reasons why compensation is limited in workers' compensation cases in Texas: Employer Participation: Workers' compensation laws in Texas are optional for most private employers. Employers can choose whether or not to provide workers' compensation coverage to their employees. If an employer does not have workers' compensation insurance, they are considered ... Continue Reading