Understanding Your Rights After a Workplace Injury

Hurt at work attorneys are legal professionals who specialize in helping injured workers steer the complex workers’ compensation system and secure fair benefits. If you’ve been injured on the job, here’s what you need to know:

Quick Answer: What Hurt at Work Attorneys Do
– Help file workers’ compensation claims correctly and on time
– Fight for denied or underpaid claims
– Ensure you receive proper medical treatment
– Calculate fair compensation for lost wages
– Identify potential third-party claims beyond workers’ comp
– Represent you in hearings and appeals
– Work on contingency (typically 10-20% of recovery)

Every seven seconds, someone in the United States suffers a workplace injury. The three leading causes—overexertion, slips/trips/falls, and contact with objects—account for more than 84% of nonfatal injuries that cause employees to miss work. Over one million workers suffer a back injury every year, making it one of the most common workplace injuries.

When you’re hurt on the job, the path forward can feel overwhelming. Medical bills pile up while your income decreases. Insurance companies often aim to minimize payouts, and employers may pressure you to return to work before you’re fully healed.

That’s where hurt at work attorneys become invaluable. Statistics show that workers who hire attorneys are more likely to receive higher settlements and favorable outcomes than those who handle claims independently. These legal professionals understand the workers’ compensation system and can help ensure you receive the full benefits you deserve.

Remember: Workers’ compensation is a no-fault system designed to provide medical coverage and partial wage replacement, but it rarely covers pain and suffering or full lost wages. An experienced attorney can help identify whether additional claims against third parties might be possible in your situation.

What Hurt at Work Attorneys Do & Why Timing Matters

When you’re injured on the job, the path forward can feel like walking through a maze blindfolded. This is where hurt at work attorneys come in – they’re not just legal representatives, they’re your guides and advocates when you need them most.

Workers’ compensation is supposed to be a straightforward no-fault system, but let’s be honest – insurance companies aren’t exactly rushing to hand out money. Their primary goal is protecting their bottom line, not your wellbeing.

Timing is everything after a workplace injury. In Texas, you typically have just a few days to notify your employer about what happened. Miss these crucial deadlines, and you might as well be handing the insurance company a “get out of paying free” card.

“We see it all the time,” says one of our attorneys at Gibbs & Crivelli. “Folks come in after accepting a quick settlement that barely covers their initial medical bills, let alone their ongoing care or lost income. By then, it’s often too late to undo the damage.”

Hurt at work attorneys recognize these tactics for what they are. We step in to level the playing field, making sure you don’t settle for less than what you truly deserve – especially when your employer tries claiming your injury existed before the accident or pressures you to return to work while you’re still healing.

Role in Workers’ Compensation Claims

When you bring a hurt at work attorney onto your team, you’re gaining a professional who handles all the heavy lifting:

We manage the paperwork jungle, ensuring your WC-15 claim forms and other documents are completed correctly and filed before deadlines expire. Your medical records become powerful evidence in our hands, carefully organized to establish the clear connection between your work and your injury.

We calculate your true average weekly wage – a critical figure that forms the foundation of your benefits. If the insurance company’s doctor provides a suspiciously employer-friendly assessment (imagine that!), we can arrange independent medical examinations to get an unbiased opinion.

Behind the scenes, we’re negotiating with insurance adjusters who handle claims like yours every day. When they push back – and they almost always do – we’re ready to represent you at hearings before an administrative law judge.

The Colorado Workers Compensation Act differs significantly from Texas regulations, which is why having an attorney who knows your local laws inside and out makes all the difference. Legal guidance based on good faith insurance principles ensures you’re not left navigating this complex system alone.

When to Hire a Hurt at Work Attorney

Not every workplace papercut requires legal representation, but certain situations are clear signals it’s time to call us:

• Your claim has been denied – This happens more often than you might think, for reasons ranging from missed deadlines to disputes about whether your injury is actually work-related. We know how to craft effective appeals that get results.

• You’ve received a lowball offer that barely covers your immediate medical needs, let alone your ongoing care and lost income. We fight for compensation that reflects your true losses.

• You have a pre-existing condition that employers love to blame for your current pain. “That back pain? You had that before you lifted that 100-pound box!” We help establish how your work duties worsened or aggravated your condition.

• Your doctor seems suspiciously eager to clear you for work before you’re ready. We can help secure second opinions and protect your right to complete treatment.

• Your injury prevents returning to your previous position, requiring vocational rehabilitation or accommodations. We maximize your disability benefits and protect your future.

• Your employer has retaliated against you for filing a claim – a practice that’s not just unfair but illegal. We defend your rights when you’re treated unfairly.

The best part? Most hurt at work attorneys, including our team at Gibbs & Crivelli, work on contingency. This means you don’t pay unless we recover benefits for you – making quality legal representation accessible even when medical bills are piling up and paychecks have stopped coming in.

Step-by-Step Guide After a Workplace Injury

Getting hurt at work can throw your life into chaos. But knowing exactly what steps to take after an injury can make all the difference in your recovery and the benefits you receive. I’ve guided hundreds of injured workers through this process, and here’s what you need to know:

Immediate Actions and Documentation

Your actions in the first hours and days after an injury matter tremendously. First and foremost, take care of yourself. Seek appropriate medical attention right away – whether that means heading to the emergency room or visiting an approved healthcare provider under your employer’s workers’ comp plan.

Once you’ve addressed your immediate medical needs, notify your supervisor in writing. In Texas, you should report your injury as soon as possible – ideally within four days. Don’t just mention it in passing; put it in writing with specific details about when, where, and how you were hurt.

Document everything. If you’re able, take photos of the accident scene, any equipment involved, and your visible injuries. These images can be powerful evidence if questions arise later about how you were injured.

Look around – did anyone witness your accident? Jot down their names and contact information. Witness statements can be invaluable if your claim is disputed. Start keeping a dedicated file for all paperwork related to your injury, including medical reports and work restrictions.

Perhaps most importantly, follow your doctor’s orders to the letter. Missing appointments or ignoring treatment recommendations not only slows your recovery but can give insurance companies a reason to deny your claim. Continuity of care matters tremendously in workers’ comp cases.

Filing a Workers’ Compensation Claim

After you’ve reported your injury, your employer should provide you with the necessary forms to file a workers’ compensation claim. If they drag their feet, you can contact the Texas Department of Insurance’s Division of Workers’ Compensation directly.

Complete all required forms carefully and thoroughly. While you should report your injury immediately, Texas law generally gives you up to two years to file a formal workers’ compensation claim – but don’t wait that long if you can help it.

The clock is ticking for the insurance company too. They typically have about 20 days to accept or deny your claim after it’s filed. During this waiting period, keep track of your claim’s progress and maintain copies of everything you submit.

Start documenting all communications with your employer and their insurance company. Note who you spoke with, when, and what was discussed. This paper trail can be extremely valuable if disputes arise.

I also recommend keeping a daily journal of your symptoms and how your injury affects your life. These personal notes can help illustrate the real impact of your injury beyond what appears in clinical medical records.

What if Your Claim Is Denied?

Unfortunately, I see many workers’ compensation claims denied initially – even perfectly legitimate ones. Insurance companies may dispute whether your injury is truly work-related, claim you missed deadlines, or allege your medical evidence is insufficient.

If your claim is denied, don’t lose hope. You have options:

Request a formal hearing through a benefit review conference. This is your opportunity to dispute the denial through official channels. Work with your hurt at work attorney to gather additional evidence supporting your claim – more detailed medical documentation, witness statements, or expert opinions can make all the difference.

Many disputes can be resolved through mediation before proceeding to a formal hearing. Your attorney will help prepare you for this process and represent your interests. If mediation doesn’t resolve the issue, your case will proceed to a hearing before an administrative law judge.

At Gibbs & Crivelli, we’ve helped countless Texas workers successfully steer the appeals process. I remember one client who came to us devastated after being told his back injury wasn’t work-related because of a pre-existing condition. We gathered medical evidence proving his job duties significantly worsened his condition, winning him the full benefits he deserved.

The appeal process can feel overwhelming, but with proper legal guidance, many initially denied claims ultimately succeed. Don’t give up on the benefits you’ve earned just because an insurance company says “no” the first time around.

Maximizing Benefits & Exploring Third-Party Options

When you’re hurt at work, workers’ compensation provides a safety net—but it rarely covers the full financial impact of your injury. Understanding all your options can make a world of difference in your recovery journey.

Types of Compensation You May Receive

Workers’ compensation in Texas typically provides several types of benefits to help you stay afloat during recovery.

Medical benefits cover the treatments you need to heal, from emergency care to physical therapy. No need to worry about co-pays or deductibles here—these should be fully covered for work-related injuries.

Income benefits kick in when you’re missing work, typically paying about 70% of your average weekly wage. These come in different forms depending on your situation: Temporary Income Benefits while you’re healing, Impairment Income Benefits once you’ve reached maximum improvement, Supplemental Income Benefits for more serious injuries, and Lifetime Income Benefits for the most devastating injuries like limb loss or severe brain damage.

If the worst happens and a worker loses their life, death benefits provide financial support to dependents, and burial benefits help cover funeral expenses.

Don’t forget about mileage reimbursement for all those trips to doctor appointments—those miles add up quickly, and you deserve compensation for them.

“Many injured workers don’t realize they can claim travel expenses,” shares one of our attorneys. “We’ve had clients recover thousands just from properly documented mileage to medical appointments.”

Suing Employers Without Coverage

Here’s where Texas gets interesting—unlike most states, Texas doesn’t require employers to carry workers’ compensation insurance. If your employer opted out (we call them “non-subscribers”), you actually have more options than you might think.

Without workers’ comp protection, your employer loses important legal defenses, opening the door for you to file a personal injury lawsuit if their negligence contributed to your injury. These lawsuits can potentially recover:

Full lost wages instead of just two-thirds, pain and suffering damages that workers’ comp never pays, compensation for emotional distress, and even punitive damages in cases of gross negligence.

The trade-off is that you’ll need to prove your employer’s negligence caused your injury—but when successful, these claims often result in significantly higher compensation than workers’ comp would have provided.

Third-Party Personal Injury Claims

Even if your employer has workers’ compensation coverage, you might still have claims against other parties who contributed to your injury. These “third-party claims” can be pursued alongside your workers’ comp case.

For example, if you fell because of poorly maintained stairs at a client’s location, you might have a claim against the property owner. If a tool malfunctioned and injured you, the equipment manufacturer might be liable. When working on construction sites with multiple companies, a subcontractor’s negligence might have caused your accident. And if you were hurt in a work-related car accident, the other driver might be responsible.

I remember a client—a delivery driver—who was severely injured when another driver ran a red light. While workers’ comp covered some of his medical bills and partial wages, we also pursued a claim against the at-fault driver that compensated him for his pain and suffering, full lost wages, and long-term care needs.

These third-party claims are powerful because they escape the limitations of the workers’ compensation system. Unlike workers’ comp, these claims allow you to pursue compensation for pain and suffering, 100% of lost wages, and other damages not covered by workers’ comp.

At Gibbs & Crivelli, we carefully analyze each case to identify all potential sources of compensation. This comprehensive approach has helped many of our clients recover substantially more than they would have through workers’ compensation alone. The Department of Labor’s workers’ compensation resources offer additional information about navigating these complex situations.

Choosing the Right Hurt at Work Attorney

Selecting the right attorney can significantly impact the outcome of your case. Here are key factors to consider when choosing a hurt at work attorney:

Key Qualities to Look For

1. Experience and specialization: Look for attorneys who focus specifically on workers’ compensation and workplace injury cases, not general practice lawyers who handle these cases occasionally.

2. Local knowledge: Workers’ compensation laws vary by state, so choose an attorney familiar with Texas laws and procedures.

3. Track record of success: Ask about the attorney’s success rate with cases similar to yours and their experience with appeals and hearings.

4. Accessibility and communication: Your attorney should be responsive and keep you informed throughout your case. Ask how quickly they typically respond to client inquiries.

5. Resources and support: Complex cases may require expert witnesses, independent medical examinations, and extensive investigation. Ensure your attorney has the resources to properly handle your case.

6. Personal attention: Some firms pass cases to paralegals or junior associates after signing you up. Ask who will actually be handling your case day-to-day.

7. Client reviews and testimonials: Research online reviews and ask for references from past clients with similar cases.

At Gibbs & Crivelli, we pride ourselves on our hands-on approach. Our clients work directly with experienced attorneys who are personally invested in their cases. We’ve built our reputation on fighting aggressively for injured workers throughout Texas.

Understanding Contingency Fees

Most hurt at work attorneys work on a contingency fee basis, meaning you pay nothing upfront and the attorney only gets paid if you recover benefits. Here’s what you should know:

1. Fee percentages: In workers’ compensation cases, attorney fees typically range from 10% to 20% of your recovery, often regulated by state law.

2. Case expenses: Ask about how case expenses (such as filing fees, expert witness fees, and medical record costs) are handled. Some firms advance these costs; others may require you to pay them as they arise.

3. Free consultations: Most reputable workers’ compensation attorneys offer free initial consultations to evaluate your case.

4. Written fee agreements: Always get your fee arrangement in writing, clearly stating the percentage, what expenses you’re responsible for, and when payment is due.

5. No recovery, no fee: Confirm that you won’t owe attorney fees if your case is unsuccessful.

The contingency fee structure makes legal representation accessible to injured workers who might otherwise be unable to afford an attorney during a financially stressful time.

Mistakes to Avoid After a Workplace Injury

To protect your claim and maximize your benefits, avoid these common pitfalls:

1. Delayed reporting: Failing to promptly report your injury can give your employer grounds to deny your claim.

2. Inconsistent medical treatment: Skipping appointments or ignoring doctor’s orders can damage your credibility and recovery.

3. Social media oversharing: Insurance companies often monitor claimants’ social media accounts for evidence that contradicts their injury claims.

4. Providing recorded statements without counsel: Insurance adjusters may use your words against you; consult with an attorney before giving formal statements.

5. Accepting early settlement offers: Initial offers are typically much lower than what your claim is worth, especially if long-term medical needs aren’t yet clear.

6. Not being completely honest: About prior injuries, the accident details, or your symptoms can severely damage your case.

7. Handling complex claims without legal help: The workers’ compensation system is complex, and insurance companies have experienced adjusters and attorneys on their side.

At Gibbs & Crivelli, we’ve seen how these mistakes can undermine otherwise valid claims. We work proactively with clients to avoid these pitfalls and build the strongest possible case for maximum benefits.

Frequently Asked Questions about Workplace Injury Claims

How long do I have to file a workers’ compensation claim?

When you’re hurt on the job in Texas, time is not on your side. You need to tell your employer about your injury within 30 days—mark that date on your calendar. After that initial report, the clock keeps ticking, and you have one year from your injury date to file your formal claim with the Texas Department of Insurance.

These timelines shift a bit for conditions that develop gradually, like carpal tunnel syndrome or hearing loss. In these cases, your one-year countdown starts when you realized (or should have realized) that your condition was connected to your work.

“Many clients come to us worried they’ve missed a deadline,” says one of our hurt at work attorneys. “While it’s always best to file promptly, we sometimes can find exceptions that apply to your situation, so don’t give up hope without consulting a professional.”

Can I get benefits if a pre-existing condition was aggravated at work?

Yes, you absolutely can. This is one of the most common misconceptions we hear at Gibbs & Crivelli. Just because you had a previous back problem or old knee injury doesn’t mean you’re out of luck if work makes it worse.

Texas law recognizes that workplace activities can aggravate, accelerate, or worsen pre-existing conditions. If your stable back condition flared up after lifting heavy boxes at work, you may qualify for benefits for that aggravation.

The challenge lies in proving the connection between your work and your worsened condition. Insurance companies love to claim “that was already there,” which is why having clear medical documentation and an experienced hurt at work attorney by your side can make all the difference.

One of our clients had a previous shoulder injury from years ago that had healed well until repetitive motions at his factory job caused it to deteriorate significantly. Despite the insurance company’s initial denial, we helped him secure benefits by clearly demonstrating how his work duties had changed his medical condition.

What happens if I can’t return to my old job?

Finding yourself unable to return to your previous position can be frightening. You’re not just dealing with physical pain but also wondering how you’ll support yourself and your family.

If your injury leaves you with restrictions that prevent you from doing your former job, several paths forward exist. Your employer might offer modified duty that works within your limitations—perhaps a desk position if you can no longer lift heavy items. In some cases, workers’ compensation can cover retraining programs to help you transition to a different role that accommodates your new physical reality.

For more permanent limitations, you may qualify for various types of disability benefits, including impairment income benefits or supplemental income benefits through workers’ comp. Those with severe, long-term disabilities might also be eligible for Social Security Disability benefits alongside their workers’ comp benefits.

Some injured workers choose to negotiate a lump-sum settlement that factors in their reduced earning capacity. This approach provides immediate financial relief but requires careful consideration of your long-term needs.

What happens if your employer simply lets you go because you can’t perform your old job? While Texas law prohibits retaliation for filing workers’ comp claims, these situations can get legally complex. At Gibbs & Crivelli, we’ve helped many clients steer these difficult waters, fighting for proper accommodations and protecting them from unlawful termination.

“Your value as a person and worker doesn’t diminish because you’ve been injured,” our founding attorney often reminds clients. “We’re here to help you find the path forward that respects both your dignity and your financial needs.”

Conclusion & Next Steps

When a workplace injury turns your world upside down, you need more than just medical care – you need a clear path forward. The workers’ compensation system should be your safety net, but as many injured workers find, navigating it alone can feel like walking through a maze blindfolded.

That’s where hurt at work attorneys truly shine. They don’t just fill out paperwork – they become your voice when insurance companies try to minimize your injury or employers pressure you to return to work too soon. They identify compensation sources you might never know existed and fight to ensure your future isn’t compromised by someone else’s negligence.

At Slingshot Law, we’ve seen how workplace injuries affect Texas families. Medical bills pile up. Income dries up. Uncertainty grows. Our team approaches each case with both legal expertise and genuine compassion, understanding that behind every claim is a person whose life has been disrupted.

“The insurance company offered me $5,000 and said that was the best I could get,” recalls one of our clients. “After Slingshot took my case, I received over $75,000 – enough to cover my surgeries and support my family while I recovered.”

The steps you take now matter tremendously:

• Report your injury immediately to your employer
• Document everything from medical visits to conversations with supervisors
• Follow medical advice precisely and attend all appointments
• Consult with an attorney before signing anything from the insurance company
• Keep track of all expenses related to your injury, including mileage to medical appointments

The consultation with our team costs you nothing. We only get paid if we win your case, which means we’re as invested in your success as you are. Our extensive trial experience has helped countless injured workers throughout Austin, Cedar Park, Killeen, and across Texas secure the compensation they rightfully deserve.

Your health and financial security are too important to leave to chance. Let us help you steer this challenging time and fight for the full benefits you deserve.

Ready to take the next step? Visit our Texas work injury services page or call our office today for your free, no-obligation consultation.