Workers' Comp Lawyer in Fort Worth
Injured Workers and Their Rights
The Texas Department of Insurance lists specific rights you have when you are injured in a work related accident. Your employer and their insurance company must abide by these rights and ensure they are not violating them. If you believe your rights have not been kept, you need to consult with a workers' compensation attorney from the Malaise Law Firm to determine what legal options you have regarding your workers' compensation claim. Below as listed by the Texas Department of Insurance are the injured worker rights:
You have the right to receive benefits. You may receive benefits regardless of who was at fault for your injury with certain exceptions, such as:
- You were intoxicated at the time of the injury
- You injured yourself on purpose or while trying to injure someone else
- You were injured by another person for personal reasons
- You were injured by an act of God
- Your injury occurred during horseplay
- Your injury occurred while voluntarily participating in an off-work activity.
You have the right to hire an attorney at any time to help you with your claim.
You have the right to receive medical care to treat your workplace injury or illness. There is no time limit for this medical care.
You have the right to choose your treating doctor. You are entitled to choose your own treating doctor from the list approved by the Texas Division of Workers' Compensation. If you are in a workers' compensation health care network, you can choose your doctor from the network's treating doctor list.
You have the right to receive information and assistance from the Office of Injured Employee Counsel at no cost. However, be aware that they are only there to answer questions and cannot fully represent you, as can our office throughout the course of your claim.
You have the right to receive assistance if you have a dispute resolution proceeding about your claim that has been scheduled and you do not have an attorney. An employee of the Office of Injured Employee Counsel called an ombudsman will provide free assistance to injured employees without attorneys. However, they have limited availability and cannot sign documents for you, make decisions for you or give legal advice. If you have a dispute, your benefits are at stake and you need your own legal representation to fully protect your rights.
You have the right for your claim information to be kept confidential. In most cases, the contents of your claim file cannot be obtained by others, except your employer, their insurance company and some limited data can be given to a prospective employer.
Defending Your Rights When Injured
Texas workers' compensation laws can be complex and confusing. By having a workers' compensation lawyer protecting your rights, we can determine all benefits you may be entitled to based on your injuries. Our legal team is highly experienced in these types of cases and has been helping the residents of Fort Worth for many years. To find out what we can do to protect your rights under the workers' compensation laws, contact us today for a free initial consultation.
Contact a workers' comp attorney
from the Malaise Law Firm to find out what your rights as an injured worker are.