What Happens If You Can’t Return To Work After An Injury In Texas?

April 25, 2024 | Personal Injury

If you sustain an injury caused by someone else’s actions and are unable to return to work right away, this can result in a significant loss of income and put you and your family in financial jeopardy. You may be able to recover lost wage replacement and loss of future earning potential damages through a personal injury claim against an alleged negligent party.

Will You Receive Workers’ Compensation?

After sustaining an on the job injury, you may be able to receive coverage of lost wages through workers’ compensation benefits. Workers’ compensation benefits are considered no fault, which means individuals should be able to receive the benefits regardless of who caused the injury.

However, Texas does not require every employer to carry workers’ compensation insurance, so we encourage you to research now to understand whether or not you will have coverage should a workplace injury or illness occur.

If a person is unable to work for more than seven days as a result of the work-related injury or illness, and if their employer does carry workers’ compensation benefits, the injured employee should be able to receive approximately 2/3 of their average weekly wages in compensation. Additionally, if an individual is able to return to work but at an impaired capacity, leading to them earning less income, they could be eligible for temporary income benefits to replace 70% of the difference between the lower amount and their typical average weekly wage.

However, as we mentioned, not every employer is required to carry workers’ compensation benefits, so recovering lost wages after a workplace injury could become challenging for some.

Can You File A Personal Injury Lawsuit?

Individuals who are not able to receive workers’ compensation benefits (and even in some situations where they are able to receive these benefits) may be able to file civil personal injury lawsuits against the person or entity who allegedly caused the workplace injury. This could include a lawsuit against an employer, a contractor or subcontractor, a company or manufacturer, or another party altogether.

In these situations, the benefits are not automatic. Individuals have to prove that the alleged negligent party more likely than not caused the injury and the subsequent monetary losses the victim incurred.

Do You Need a Work Injury Lawyer?

Unfortunately, individuals who sustain work injuries in Texas can struggle to recover the compensation they are entitled to. This can happen even if an employer has workers’ compensation benefits, but the situation becomes much more complex if these benefits are unavailable.

We strongly encourage any work injury victim in Texas to speak to a qualified attorney with experience handling workplace injury claims. You deserve compensation for your losses, including lost wage replacement. Your attorney can investigate your claim and help you determine the best steps moving forward. An Austin personal injury attorney can also handle any appeals necessary concerning workers’ compensation claim delays or denials.

Even if you already have a claim in process, do not hesitate to reach out to an attorney when you need clarification or assistance.