Best Workers Compensation Attorneys in Odessa

FAQs

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

  The non-emergency phone number for the Odessa Police Department is 432-333-3641.

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

  You can obtain a copy of a police report at the Odessa Police Department's Records Unit, open Monday to Friday, 8 a.m.-5 p.m. You can also inquire about the status of the report by calling them at 432-335-3306.

• Can an Odessa worker sue their employer if they were injured at work?

  An Odessa company can be sued by an employee that was injured while on the job provided that the company does not have workers' compensation. Most of the time, people that were injured at work would pursue financial recovery through workers' compensation, but Texas does not require private employers to provide workers' compensation. Employees can seek compensation for damages by filing a claim against the employer's private insurance or by filing a personal injury lawsuit against their company.

• How are weekly payments determined for workers' compensation claims in Odessa?

  Individuals in Odessa that suffered a total disability while working could be granted weekly payments through a workers' compensation claim, which typically is around two-thirds or 60% of the worker's average weekly wage. This includes pre-injury weekly earnings and overtime. The maximum amount of weekly payments the injured employee can receive will be based on the average weekly wage of the state.

• Can an Odessa employee file for workers' compensation for work-related stress?

  A worker cannot file a workers' compensation claim for stress in Odessa. Workers' compensation does not cover a mental or emotional injury that was caused by valid personnel actions such as demotion, promotion, termination, interpersonal conflict, and being reprimanded for performing one's job. It also does not cover excessive stress suffered due to deadlines or long working hours.

• What should an employee do to have an approved emotional or mental health workers' compensation claim in Odessa?

  Odessa workers that are planning to make a workers' compensation claim based on mental or emotional health damages must prove a definitive link between a specific traumatic work-related event and their mental health problem. An example is if the employee was stabbed on their way to work and developed post-traumatic stress disorder whenever traveling to the worksite.

• Can an injured worker file for third-party claims in Odessa?

  Injured workers in Odessa can file for third-party claims to help them pay for monetary damages that are greater than what workers' compensation benefits can provide. The common grounds for these types of claims include OSHA violations, negligent operation of a motor vehicle, manufacture of defective or dangerous products, and general carelessness or negligence.

• 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.