Best Workers Compensation Attorneys in McAllen

FAQs

• What is the non-emergency contact number for the local police station in McAllen, Texas?

  The non-emergency phone number of the McAllen Police Department is 956-681-2000.

• Where can I get a copy of police report for incidents related to my case in McAllen, Texas?

  Call the McAllen Police Department’s Crime Records Unit at 956-681-2080 to request a copy of a case report.

• Are you required to have a lawyer to file a workers’ compensation claim in McAllen?

  No. You are not required to have a lawyer when filing a workers’ compensation claim in McAllen. That being said, depending on the complexity of your case, you may benefit from hiring a workers’ compensation attorney. Since they know how to navigate the complicated claims process and deal with insurance companies, they may be able to secure the maximum amount of compensation that you deserve.

• Will you still be able to get compensated for your workplace injury if your employer in McAllen does not have workers’ compensation insurance?

  If your employer in McAllen does not carry workers’ compensation insurance, you may still be able to recover damages by filing a personal injury claim against your employer. If this is the route you’re taking, you must be able to prove that your injury or illness is the direct result of your employer’s negligence. An experienced workplace injury lawyer can help you navigate the complicated claims process and take your case to court if necessary.

• If your doctor in McAllen advised you to take time off work due to your injuries, will you still get paid?

  If your doctor tells you that it would be best for you to take time off work to recover because your injury limits your ability to perform your tasks, you may be eligible to receive temporary income benefits. These benefits are paid by your employer’s insurance carrier for as long as your medical provider says you are unable to return to work.

• What are the reasons why your workers’ compensation claim in McAllen could get denied?

  Your workers’ compensation claim in McAllen may get denied if you report your injury or file your claim after the deadline set by state laws. Your claim may also be denied if your employer disputes the claim, if you did not seek medical treatment after your accident, or if you can’t establish the connection between your injury and your workplace’s hazards.

• How much time do you have to report your work-related injury to your employer in McAllen?

  In the event that you sustain an injury, contract a disease, or develop an illness due to the nature of your work in Lewisville, you must report your condition to your employer immediately or within 30 days of the incident or discovery. This step is critical as it is the start of the workers’ compensation claims process. If you miss out on the 30-day time window, you could be prohibited from filing a claim at all.

• What does a workers’ compensation attorney do?

  Workers’ compensation attorneys help injured employees recover monetary benefits following workplace accidents and illnesses. Attorneys in this practice area provide legal advice, gather evidence, review medical records, prepare petitions, and negotiate insurance settlements. They also represent clients’ interests during court cases and administrative hearings overseen by state workers’ compensation boards.

• What are the benefits of filing a workers’ compensation claim?

  Workers’ compensation insurance gives employees access to vital cash benefits in case of workplace injuries or illnesses. Filing a claim can help injured workers pay for medical care, physical therapy, and essential living expenses while they recover from a temporary or permanent disability. Workers’ compensation also pays for funeral and burial expenses following fatal workplace injuries.

• How long does a workers’ compensation claim stay open?

  Workers’ compensation claims typically remain open as long as the individual is receiving treatment or until the injured party reaches maximum medical improvement. This milestone varies for each person, and it can take years to determine whether a disability is temporary or permanent. Additionally, there’s a fixed time limit for filing a lawsuit. The statute of limitations can be anywhere from six months to two years from the date of the injury or the date of the last payment, depending on the worker’s state of residence. A qualified attorney can explain your state’s specific rules.

• What is the average payout for a workers’ compensation claim?

  Nationally, the average workers’ compensation claimant receives $21,800. Payouts range from $2,000 on the low end to upwards of $60,000 for well-compensated workers in high-income areas. The exact amount depends on the claimant’s average weekly paycheck, the extent of the injuries, and their state of residence. Individuals who accept an insurance settlement or initial offer typically receive less than those who negotiate or have an attorney represent them before an arbitrator or workers’ compensation judge.

• How are settlements calculated in workers’ compensation cases?

  Settlements typically cover current and future medical expenses, vocational rehabilitation or retraining, and two-thirds of lost wages. The total amount may vary depending on whether the worker’s disability is temporary or permanent. Workers’ compensation also pays death benefits, including funeral expenses and two-thirds of wages for up to 25 years or a state-specified maximum.

• What is workers comp?

  Workers' compensation is an insurance program that provides medical care, rehabilitation, and other benefits for employees who are injured or fall ill while performing assigned work duties. Common reasons for filing a workers' comp claim include slip and fall injuries, machinery accidents, or muscle strains while lifting heavy items.

  All businesses must carry some form of workers' compensation insurance, with minimum guidelines imposed by the state of residence. Workers' comp is intended to safeguard both the employee and the employer by providing a social safety net. This can protect companies from civil suits and guarantee that injured employees receive the benefits they need.

• What does workers comp cover?

  Workers' compensation insurance covers benefits associated with a wide range of accidents and illnesses that may occur in a place of work. This can include:

  • Medical benefits, such as payments for treatments, hospitalizations, or surgeries
  • Compensation for lost wages while not working
  • Coverage for ongoing care, such as physical therapy
  • Continued access to benefits, including insurance provided through an employer
  • Disability benefits, if an injury results in a permanent loss of functioning in some manner
  • Death benefits and funeral expense coverage

  How and when workers' compensation coverage applies depends on the illness or injury in question and the results of a medical exam. An unsatisfactory ruling by an insurer can be appealed with help from a workers' comp attorney.

  
  

• What does a workers comp defense attorney do?

  A workers' compensation defense attorney is a legal professional who represents the employer in a workers’ comp case. Typically, the defense attorney works to minimize the employer’s liability and reduce the amount of benefits to be paid out.

• When does workers comp start paying?

  How and when workers' comp starts paying can depend on both the circumstances and the state in which an injury took place. In most areas, benefits related to medical care start paying out immediately, even before a claim is formally processed or accepted. Once a case is approved, injured workers may be entitled to other benefits, including coverage for lost wages.

• How much is workers comp insurance for self-employed people?

  Workers' compensation isn't required for self-employed individuals, but those working in dangerous industries, such as construction or manufacturing, may choose to purchase policies. In some cases, employers may request this coverage when hiring a contractor. While costs will vary based on industry and location, most freelancers can expect to pay around $25 to $50 per month.

• How do I file a workers comp claim?

  A workers' comp claim is best filed as soon as an injury occurs. In some states, there are time limits, such as one month following an incident.

  After an injury, an employee must notify their employer. The employer must then provide access to the necessary forms and offer guidance. Employees must fill out all forms and return them to the employer who then files them with the insurer. Some states have additional requirements, including assessment by a medical provider. Once the paperwork has been filed, the insurance provider issues a ruling. If the ruling is unfavorable, the employee may choose to appeal the decision with the support of an attorney.