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.
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 reduced.
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.