Author: Thad Davidson

Workers Comp - Personal Injury Law

There are several types of Texas workers compensation claims that can be filed, including:

Claims Petitions
An injured worker can request payments by filing one of the following types of Texas workers compensation claims petitions:

Once you file a Texas workers compensation claims petition, your case will be reviewed by a judge.workplace accident attorneys

Reinstatement Petitions
In some instances, your workers’ compensation payment may have ended or may have been suspended. If your work-related injury or condition acts up again, you can file a Reinstatement Petition to reopen your workers’ compensation claim.

Since the insurance company may not automatically reinstate your payments, you need to file a Reinstatement Petition. A reinstatement petition generally needs to be filed within 500 weeks – or approximately 9.5 years – from the date of your last workers’ compensation payment.

Once you file a reinstatement petition, your case will be reviewed by a Texas workers’ compensation judge.

Lump-Sum Settlement (Compromise & Release)
Either the workers’ compensation insurance company or the injured worker can request to settle future loss of wage payments for one lump sum of money. Some injured workers prefer the lump sum of money over ongoing payments so that they can just move on with their lives.

The insurance company may also offer to settle your future medical bills for one lump sum of money. It may not be in your best interest to settle your future medical bills. It is highly recommended that you talk to a lawyer before this decision is made.

Read more about Lump Sum Settlements.

Petition to Terminate Compensation Benefits
When an employer files a Petition to Terminate Compensation Benefits, the employer is asking the Bureau of Workers’ Compensation to stop paying you. Employers may file this petition when a company doctor states that you are no longer injured and can return to work.

You have the right to attend a hearing to fight the petition. If you don’t attend your hearing, your Texas workers’ compensation payments may be stopped and you must go back to work. If you don’t go back to work, you may lose your job.

If you receive a Petition to Terminate Compensation Benefits and are still too injured to return to work, we recommend talking to a lawyer before your payments are stopped.

Petition to Modify Compensation Benefits
When an employer files a Petition to Modify Compensation Benefits, the employer is asking the Bureau of Workers’ Compensation to reduce the amount of money you are being paid. Employers may file this petition because a company doctor says that you can now work a modified, or “light duty” job.

You have the right to fight the petition. If you don’t attend your hearing, then your Texas workers’ compensation payments may be reduced.

If you receive a Petition to Modify Compensation Benefits and are still too injured to work a modified job, we recommend talking to a lawyer before your payments are place accident attorneys

Petition to Suspend Compensation Benefits
When an employer files a Petition to Suspend Benefits, the employer is asking the Bureau of Workers’ Compensation to suspend your payments. This petition may be filed if you have failed to comply with certain requirements of the Workers’ Compensation Act.

Example: Your employer has a different job available for you that pays the same as your pre-injury job paid. You are rejecting the job offer because you don’t feel able to perform the job or for some other reason.

You have the right to fight the petition. If you don’t attend your hearing, then your Texas workers’ compensation payments may be suspended.

If you receive a Petition to Suspend Compensation Benefits, we recommend talking to a lawyer before your payments are suspended.

Injured on the job? Put our experience to work for you
If you don’t have an attorney to help you with your injury claim, the deck is stacked against you. It is important to know your legal rights if you are injured at work. Our law firm has been helping injured Texas workers for over 14 years. Let us put this experience to work for you.

Free Legal Consultation
If you have suffered an injury at work, and don’t already have an attorney, you can contact our law firm for a free consultation of your claim by calling our law firm from anywhere in the United States.

It won’t cost you a dime to have our staff take a look at your claim. We will listen to what you have to say and will let you know what options you have based on what you have shared. It’s free and

there’s no further obligation.

Auto Draft

If you are in a car accident, you have to get advice from a car accident lawyer. Often, those who have experienced a car accident do not realize the total degree of their injuries and their rights have not been represented. They will not look for an attorney but they will get less than what they deserve from the insurance provider. Getting an attorney is important to be able to get full compensation for your vehicle along with your injuries when hurt in a vehicle accident attorneys

Car accident attorneys take individuals in motorcycle, car, or truck accidents. They also represent and advise pedestrians and individuals involved in car accidents, DUI accidents, and hit and run situations. They help people with injuries and provide advice on insurance claims, negligence, and liability. In addition, they help people understand their legal rights. They help their clients to know what to expect in the automobile accident case. They collect various information and evidence from people, witnesses, and necessary documents with accident reports and medical records.

If you get help from a vehicle accident lawyer, collecting evidence is very systematic and effective. Do you already know about an attorney, contact him and describe your case? If your case is outside the general area of the firm, then it may send you to a competent car accident lawyer. If you do not have an auto accident lawyer yet, you can use Google to search for one. At the moment you get some names and numbers, call or email them for a free consultation. Many auto accident attorneys are able to do this on the telephone, although some want to meet personally. More on this webpage

A free consultation will provide you with restitution for your injury case. In all matters related to personal injury, it is important to take steps to secure the evidence, investigate the accident in question, and file a lawsuit before the time limit imposed by state law. The initial consultation is given for free, and if the lawyer confirms taking his case, he can work on the basis of contingency, which means you only pay for services if you receive a settlement. You may have a valid claim and be eligible to settle your injuries, but a case should be presented before the expiration.accident injury attorneys

There is a situation where a car accident lawyer can be used even after a vehicle accident where there is no serious injury or big loss to anyone. An attorney can deal with any and all insurance concerns, including settlement of insurance claims and negotiation with the insurer. The conversation is always something that takes a little bit of time and cleverness, the things the lawyer has so much experience with. It is a good idea to call a free car accident lawyer to determine what can be done by both parties and what needs to be done. More information here

Auto Draft

Some states have a “No-Fault” law that was enacted to provide certain immediate benefits for all victims of an automobile accident, regardless of who was at fault.
Each insurer of a vehicle in which a person is injured will provide payment of typical expenses caused by personal injury, called “PIP”: Personal Injury Protection. An injured person must make their claim to the insurer of the car in which the victim was injured. If the injuries are not serious enough to reach the “threshold,” the victim receives nothing further.
If the injuries reach the legal “threshold” the victim may then make claim against the driver of a vehicle who was legally liable (at fault) in the accident. The “threshold” is an injury that (a) requires over $3,000.00 in medical treatment, or (b) causes permanent injury or (c) disfigurement. After the threshold is met, the victim may make a further claim against the responsible driver’s insurance accident law

Our car accident lawyers routinely handle these PIP benefits for our clients at no charge when we are retained to represent the client on the liability claim against the person who was at fault.

Your PIP benefits are your “lifeline” if you are disabled due to an accident; it is important that you coordinate with us to be sure you obtain all benefits to which you are entitled.

At least $3,000.00 for reasonable, necessary costs for medical treatment (The policy limit may be higher– check the individual policy).
Lost income is caused by the injury, for up to a year, at the rate of $250.00 per week or 85 percent of your average income (whichever is less).

Household services: (“Essential Services”) This $20.00 per day payable by the insurance company is to pay someone else to perform those household tasks which the injured person would have done if they had not been hurt. The insurer paying the PIP benefits is usually reimbursed by the insurer of the driver who was at fault in an auto accident. All policies are required to include these benefits.
To receive the benefits your doctor must certify that you, (1) need the treatment received, (2) are unable to work at your regular job, and (3) need the household help. Your doctor is the key to your entitlement to the benefits; be certain he or she understands your needs.

If you reach the “threshold” described above you may be entitled to a lump sum personal injury payment, which we will negotiate for you.

An automobile accident is always stressful. You are not alone. This advice has been prepared to help guide you through some of the steps you should take to ensure that your property damage claim is handled speedily and that your interests are protected.

Immediately following the accident, or as soon thereafter as you are able, you should contact the property damage adjuster of the responsible party’s insurance carrier and make arrangements for your vehicle to be seen. This can be done either by the adjuster coming out and looking at your vehicle and estimating the damages, having you take the vehicle to one of the insurance company’s drive-thru shops, or by having you obtain two or three estimates on your own from shops of your choice.

If your automobile has been damaged in an auto accident, you are entitled to have your automobile repaired, or if your vehicle is determined to be a “total loss,” you are entitled to be paid the value of that vehicle. If you had other personal items damaged in the accident, you are entitled to be reimbursed for those losses as well.

Sometimes, when there are liability issues involved, you may experience long delays in getting a response from the responsible party’s insurance carrier regarding what position they are taking concerning your claim. Therefore, some clients may prefer to have their own insurance carrier to handle their property damage claims.

When an accident is someone else’s fault, generally that person’s insurance company will compensate you directly. Otherwise, your own insurance company may reimburse you for your vehicle, e.g. property damage, if you have the appropriate insurance coverage. A property damage claim is resolved in one of two ways: either your car can be repaired or it will be considered a total loss — meaning that the cost of the repair exceeds the actual value of the vehicle.

You may have the right to have your car repaired at the body shop of your choice. You need not accept the insurance company’s property damage appraisal of the actual repair costs. Take your car to your selected body shop and present a written estimate to the insurance company. Make sure you retain 2 or 3 written estimates from different body shops. Do not rely solely on an insurance company’s estimate. Be satisfied that your car is returned to pre-collision condition before signing any insurance company check or property damage release. Otherwise, you may waive your right to further repairs.

Once an estimate of the damages has been determined, the insurance company will either issue you and the shop a check or will pay the shop upon completion of the work. If you receive the check upfront before your repairs are done, do not give it to the shop until the work is done and you are reasonably satisfied. If you pick up your vehicle from the shop and notice something that has not been taken care of, let the shop and the adjuster know immediately.

Total loss means that the cost of repair exceeds the reasonable retail market value for “your” car in the condition it was in at the time of the accident. If your vehicle is determined to be a “total loss,” (this means that your vehicle will cost more to repair than its worth) you are entitled to be compensated for the value of your vehicle. Fair value is usually determined by the NADA Guide. However, some insurance companies are now using computerized data services. When your car is a total loss, the insurance company is obligated to pay you for the market value of your car in the condition it was in before the collision. Market value can be determined by looking in classified ads for similar cars with similar mileage as yours. Ask car dealers what a similar car sells for on their lot. Obtain written estimates for the retail values of your car from a salesperson. In negotiating the value of your car, let the insurance company know of any recent repairs, any special accessories and the value of any damaged contents. Show the company recent receipts of all service and maintenance records. You have the right to market value, which is generally higher than blue book value. An insurance company is not responsible for an outstanding loan or lease balance in excess of market value. So, if you bought a car and were making monthly payments, you may unfortunately owe more than what the car is actually worth. You will not be entitled to recover compensation for the loan balance if the car is worthless. This is a result of a poor business decision when you purchased or leased your car. You are also entitled to recover pro-rated licensing fees on the balance remaining on the annual license and sales tax on the total loss value.

If you feel you are not being offered a fair settlement for your vehicle, please let us know and we can assist you in getting this resolved.

If an accident is another’s fault, that person’s insurance company should provide you with a rental car while your car is in the repair shop or until the insurer makes a reasonable offer to settle a “total loss” on your vehicle. If the at-fault driver is uninsured, your right to a rental car is subject to the terms of your own insurance policy.

Contact the insurance company for pre-authorization of all rentals. They will direct you to local car rental companies. If there is a delay in obtaining a rental car, you may be entitled to compensation for the “loss of use” of your vehicle for each day you have been deprived of its “use.”
This rental car insurance is not compensable. You will not be reimbursed for insurance on a rental car. Most car rental companies want your business and most will have a drop-off and pick-up service if you request it, at no additional charge.

If you had other items damaged in the accident, don’t throw them away! The insurance company will not pay for damage to items if the items were not retained. If you recently purchased any of these items, the receipt will be helpful in obtaining reimbursement. If you do not have receipts, you will need to get estimates or some proof of the market value of the item. For example, you recently purchased a cellular phone and it was cracked in the accident. You didn’t save the receipt, but you recall where you purchased it. You can go to the store where you purchased the phone and describe the make, model, etc. and ask them to give you a note indicating its cost at the time of your purchase. They might even have records of the purchase. The insurance company will then reimburse you the cost less any depreciation.

NOTE: If you need help with your property damage claim, please call your attorney or paralegal for assistance.