Accidents at work happen all too frequently, potentially leaving employees with serious injuries. If you have recently been denied a claim, wish to pursue further litigation, or are confused about where to begin, an Odessa workers’ compensation lawyer can help you through this difficult period. You don’t have to go through your claim alone.
Our team at The Law Offices of Miller & Bicklein, P.C., has years of experience representing clients from Odessa and across Texas. We’ve handled thousands of workers’ compensation cases, ranging from minor disputes to major trials against large corporations. Our managing associate, Draper T. “Toby” Rodriguez, is a regular speaker for the Texas State Bar Workers’ Compensation Conference.
Call Law Offices of Miller & Bicklein today at 210-366-2400 for your Free Consultation!
Workplace incidents resulting in injury happen every day across the country. In 2023, 2.6 million private sector workers received non-fatal injuries ranging from minor to major severity. In Texas, 175,900 non-fatal incidents occurred, resulting in a rate of 1.8 incidents per 100 full-time employees. Some common injuries sustained include:
Workers’ compensation is a type of insurance employers purchase to cover any no-fault accidents that occur. This can be a significant aid in the event of any loss of income or medical bills resulting from work injuries sustained.
It’s important to understand the steps to take when injured during an Odessa workplace accident. The first step is to seek medical attention for your injuries. Your health and well-being are the top priority after any workplace incident. There are many 24-hour emergency rooms around Odessa, the largest of which is the Medical Center Hospital located at 500 W 4th St, Odessa, TX 79761.
If your injuries do not require immediate care, or you have already been to the ER, the next thing to do is notify your employer. In Texas, you must notify your superior within 30 days of any injury. Failing to do so can result in your workers’ compensation claim being denied.
After notifying your boss, you are ready for the initial filing of your workers’ compensation claim with a DWC-41 form. This should include your personal information, details of the incident and injury, and the name and place where you received treatment.
Once your claim is submitted, your insurance provider will either offer a settlement or deny your claim. If they present a deal, it is recommended that you review the settlement closely, as it may be worth less than what you deserve. If they deny your claim, you can submit an appeal with supporting medical documentation of your injury and its coverage.
Dealing with insurance companies on your own can be challenging, especially when healing from an accident. Hire a workers’ compensation lawyer who can help you with your case. Your Odessa workers’ compensation attorney can be at your side for every stage of the process, from initial filing to negotiating a deal with your insurance provider that suits your financial needs.
If your injuries were caused by a third party or your employer does not have workers’ compensation, you may need to file a personal injury claim. A workers’ compensation lawyer can assist you in the process, representing you both in and out of court.
It is highly recommended that you discuss your workers’ compensation case with a lawyer before settling or taking decisive action in your claim. A workers’ compensation attorney can review your case and any potential deals and can ensure you are offered a settlement you deserve. The Law Offices of Miller & Bicklein, P.C. offers free consultations for potential clients, where we can look at your case and discuss options at no cost to you.
There are several things you should avoid when discussing your case with a workers’ compensation claims adjuster. The first is to admit any responsibility for the accident. Workers’ compensation claims are no-fault-based, meaning there does not need to be a party liable, and stating any hand in the cause can get your case denied.
Another thing you should avoid is downplaying the extent of your injuries, as this can be used to either deny your claim or underpay you.
How much your Texas workers’ compensation lawyer costs depends on the amount of work your case requires, its complexity, and the level of services needed. An attorney handling a simple negotiation over settlement amount tends to cost less than one engaged in a lengthy trial against a major insurance company. Speak with your workers’ compensation lawyer who is familiar with your case and can provide an estimate for what your final bill may be.
Texas is the only state in America where workers’ compensation is optional. This makes it an especially unique and complex insurance landscape for both employers and injured employees.
If you are injured at your workplace and your employer does not have workers’ compensation, you may be eligible to file a personal injury claim against them. Before taking legal action, discuss your case with a workers’ compensation lawyer who can advise you on what your legal options are.
At The Law Offices of Miller & Bicklein, P.C., we have the knowledge and experience to make a positive impact on your workers’ compensation case and get you the results you deserve.
Contact us today for a free consultation, where we can learn the details of your situation and begin assisting you in navigating the next steps in your case. You may also visit our Odessa office, located on East 8th Street in the center of town, a few blocks east of Dan Hemphill Central Park and just north of North Dixie Boulevard.