Workers' Compensation Lawyer in West Texas

A workplace injury can cost you your paycheck and your peace of mind at the same time. Texas workers' compensation is meant to pay for your medical care and replace part of your income, but insurers often delay, dispute or deny claims. The Daspit Law Firm helps injured workers across West Texas, with offices in Midland and El Paso, get the benefits they are entitled to.

How Workers' Compensation Works in Texas

Workers' compensation is a no-fault insurance system. If your employer carries coverage, you do not have to prove the employer did anything wrong to receive benefits. In exchange, you generally cannot sue the employer for ordinary negligence. Texas is unusual because private employers may choose not to carry coverage. If your employer is a "non-subscriber," different rules apply. See non-subscriber work injuries.

Benefits You May Be Entitled To

•       Medical benefits for treatment of a compensable injury, including doctor visits, hospital care, medication, therapy and medical equipment

•       Income benefits that replace part of your wages while you cannot work or while you earn less (temporary, impairment and supplemental income benefits)

•       Death benefits for eligible surviving family members and burial benefits

Common Causes of Work-Related Injury and Illness

•       Accidents involving machinery or equipment

•       Falls, slips, and being struck by objects or vehicles

•       Exposure to toxic substances such as chemicals or asbestos

•       Repetitive strain and overexertion, such as lifting injuries or carpal tunnel syndrome

•       Hearing loss from long-term exposure to loud noise

•       Injuries while traveling for work or at a work-related event

Many injuries in West Texas happen in the oil and gas, construction, transportation and agriculture industries. See our pages on oil field accidents and construction accidents.

Important Deadlines

•       Tell your employer about the injury within 30 days.

•       File your claim with the Texas Division of Workers' Compensation within one year of the injury.

•       Deadlines to dispute a benefit decision are short, so act quickly if your claim is denied or your benefits are cut off.

When to Talk to a Workers' Compensation Lawyer

•       Your claim was denied or your benefits were stopped

•       The insurer disputes that your injury is work-related

•       You were released to work before you were ready

•       You need help with a benefit review conference or contested case hearing

•       Someone other than your employer, such as a contractor or equipment maker, may also be responsible, which can open a separate injury claim

In Texas workers' comp, attorney's fees are regulated and must be approved by the Division of Workers' Compensation. We will explain how fees work in your free consultation.

Frequently Asked Questions About Workers' Compensation in Texas

Does every Texas employer have to carry workers' compensation?

No. Most private employers in Texas may choose whether to carry coverage. Employers without coverage are called non-subscribers, and injured employees may be able to sue them.

How soon must I report a work injury in Texas?

You must notify your employer within 30 days of the injury or of learning that it is work-related. Do it in writing if you can and keep a copy.

What if my workers' comp claim was denied?

You can dispute the denial through the Division of Workers' Compensation's process, which includes a benefit review conference and a contested case hearing. A lawyer can help gather medical evidence and present your case.

Can I choose my own doctor?

Usually you must choose from an approved list or treat within the insurer's network, and you may be able to change doctors under certain rules. Ask before you switch.

Can I sue my employer if I am hurt at work?

If your employer carries workers' comp, workers' comp is generally your exclusive remedy, with limited exceptions, such as a death caused by gross negligence. You may still be able to bring a claim against a third party.

Can my family receive benefits if I die from a work injury?

Eligible family members may receive death and burial benefits, and may also have other claims. See our wrongful death page.