Those benefits are there for you and you must determine if you need them.
Currently, Texas is a place where a substantial amount of pressure is being placed on injured workers to continue to work in order to make ends meet. Sometimes though, you simply cannot physically handle working while you are dealing with a work injury. We understand that and, we would never recommend against taking advantage of any benefits that you may be entitled to under the benefits you have with your employer but, how does it affect your work injury case?
Right of Subrogation (They Will Want to Get Paid Back)
It is actually very easy to understand how applying for short or long-term disability benefits could affect open work injury cases. If you get injured on the job and you are considering applying for short or long-term disability, you need to know how this may impact you work injury case. If you apply and receive these benefits while you have an open work injury lawsuit, understand that the insurance paying you short- or long-term benefits will have a subrogation right when and if you eventually settle your work injury case with your employer. In other words, the insurance company that is paying benefits will want to get paid back out of any settlement or trail award against your employer.
So,.. Do I Apply for These Disability Benefits?
If you have exhausted all benefits that you are entitled to under your employer’s work injury coverage, you may not have any other option but to apply for these benefits. It’s not automatic though. Understand that a doctor would have to approve your application based on your injury. This is a discussion that you should have with your work injury attorney. Work injury attorneys are capable of coming up with creative solutions to their injured clients’ needs. As an injured worker, you should not hesitate to consult a personal injury attorney that can provide valuable advise about how to navigate your work injury claim.
Even after understanding that you may have to pay back the balance of any short or long term benefits that you receive while dealing with your work injury lawsuit, you will need to be sure you consult with a Texas Work Injury Attorney that can provide with the best way to approach your case.
Sandoval Law Firm, PLLC handles work injury cases of all types. We are ready to discuss your work injury case when you are! Call Sandoval Law Firm at (346) 347-7777 and put Sandoval to work for you!