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How Are Benefits Limited By Workers’ Comp?
If you are hurt at work and the employer has workers’ comp accident insurance, you usually get up to 70% of your income loss, but this compensation is limited to $600 per week at the most. For example, say you are an accountant who makes $70,000 a year. If you are injured on the job and the accident was caused by the employer, you get that $600 a week for the loss of income while you are healing. But, if you have a long-term disability and the doctor says you can never go back to work, you only get $600 a week for life, even if you used to take home $1,400 per week. You can also get a lump sum at the end of your recovery, but such payments are usually very minimal. More Information Here
In addition, claims against workers’ comp do not take into account the future earning potential. Let’s say you work in a Texas Walmart while attending law school and you are seriously injured in an accident on the loading dock. It’s so bad, in fact, that you are unable to work or continue on in school. You will get only 70 percent of your salary from Walmart for the rest of your life. Your compensation is based on the life of your salary from Walmart and not the much higher average earnings you would have likely earned if you finished law school.More Information here
If the company where you work is supposed to be a subscriber, you will want to know for sure so you can seek proper legal action to pursue fair compensation. Alternatively, if one or more third parties are partly responsible for your accident, you should be able to go after them and take them to court. Our Texas on-the-job work accident attorneys can help build a solid case to get you the proper compensation.
Under workers’ comp, you are entitled to complete reimbursement for all your medical costs, such as the costs of medical treatment, prescription and over-the-counter drugs, and all the other medical supplies you need to recover from your injury. Continuing treatment and medicines are also potentially reimbursable. If you incur travel expenses in seeking medical treatment or therapy, or for your supplies and prescriptions, those may likewise be reimbursed. Workers’ compensation does not, however, include coverage or reimbursement for any pain, suffering, or similar general damages, except for that of lost income and medical expenses.
The single, most important exception to the rule that a plaintiff may not sue a subscribed employer is that you can sue a subscribed employer if you are the family member of an employee who died in a fatal work accident, provided that the employer’s gross negligence was the cause of that accident. If your case meets these two criteria, you can file a Texas wrongful death lawsuit in regular court.