McAllen Workers’ Compensation Lawyer

If you or a loved one were injured on the job in McAllen, TX, our team at The Law Office of Lino H. Ochoa is here to help. Texas workers’ compensation laws are complicated. You may also have additional rights under state personal injury laws. An experienced McAllen workers’ compensation lawyer can help you fight for the full compensation you deserve.

Our lawyer has over 25 years of experience fighting to protect injured workers like you. We’ve used our skills and knowledge of the law to recover tens of millions of dollars in settlements and verdicts.

The stress can start to add up quickly if you’re injured and can’t work. Call our law offices in McAllen, TX today at (956) 815-0055 to schedule a free consultation with an attorney who can fight for your right to fair compensation for medical bills, lost wages, and more.

How The Law Office of Lino H. Ochoa Can Help With Your McAllen Workers’ Compensation Claim

How The Law Office of Lino H. Ochoa Can Help With Your McAllen Workers’ Compensation Claim

The workplace can be a dangerous place. While some industries are more dangerous than others, there’s always a risk that you’ll get hurt on the job. That’s true whether you’re working on a construction site, restaurant kitchen, or office building. 

Workers’ compensation isn’t always simple or available. The Law Office of Lino H. Ochoa can handle the legal issues on your behalf.

An experienced McAllen personal injury lawyer can help you right to recover the fair benefits you deserve by:

  • Evaluating your rights under various Texas laws
  • Assessing your case value
  • Determining the types of benefits you deserve
  • Protecting you if your right to benefits is challenged
  • Gathering strong evidence to build your case
  • Working with experts in medicine and other fields
  • Negotiating with the workers’ compensation insurance company for a full settlement

Reach out to our McAllen personal injury attorney to learn more about securing quality legal representation.

How Common Are Workplace Accidents in Texas?

Private industry employers in the State of Texas reported nearly 160,000 nonfatal workplace injuries and illnesses to the Texas Department of Insurance in 2022. About 114,500 cases were serious enough to require time away from work or job restrictions and transfers.

Unfortunately, according to the U.S. Bureau of Labor Statistics, at least 533 Texas employees were killed in fatal work accidents in 2021.

Overview of Texas’ Workers’ Compensation Laws

Workers’ compensation is a system designed to help employees who are hurt on the job. Injured workers who are covered by workers’ comp receive benefits to offset their financial losses after an injury.

The point of workers’ compensation is to provide assistance quickly, so that injured employees don’t have to file a lawsuit or prove that someone else caused their injuries. In other words, workers’ comp is a no-fault system.

However, in Texas, the workers’ compensation system is different from most other states. Most states make workers’ comp mandatory. In Texas, employers aren’t required by law to carry workers’ compensation insurance. 

Texas employers have three options:

  • Buy workers’ compensation insurance
  • Buy private insurance to cover work-related injuries and illnesses
  • Provide no insurance coverage at all

Employers are classified as subscribing or non-subscribing employers. Injured employees cannot sue a subscribing employer for damages after a workplace injury, but they can receive workers’ comp benefits. 

If your employer is a non-subscribing employer, you aren’t entitled to workers’ compensation benefits. You can instead file a personal injury lawsuit for damages if you were injured on the job.

Regardless of your employer’s status, you can file a personal injury claim against someone who caused your injuries and wasn’t your employer. Our attorney can help you evaluate your best legal course of action during your free consultation. 

What Do I Have To Prove To Receive Workers’ Compensation Benefits in Texas?

While you don’t have to prove liability to receive workers’ comp in Texas, you will have to prove:

  • You were an employee
  • Your injury or illness was incurred within the scope of your employment
  • Your employer carried workers’ compensation insurance or self-insured

Your injury doesn’t have to happen on your normal worksite. If the injury was work-related, you can qualify for benefits.

Will I Automatically Receive Workers’ Compensation Benefits if I Was Injured on the Job?

Not always. While the rules may seem simple, injured employees often face challenges when it comes to recovering fair compensation.

Some common examples of issues that can complicate your case include:

  • Your employer claims your injuries weren’t work-related or pre-existing
  • You have more than one job
  • Your doctor is pushing you to return to work before your injury heals
  • Your paperwork was incomplete

Our workers’ compensation lawyer in McAllen knows how to protect your legal rights after a work-related injury. If you have any questions about your right to benefits or the claims process itself, call our Texas law offices and schedule a free initial consultation today.

What Is My McAllen Workers’ Compensation Case Worth?

The value of any workers’ compensation claim depends heavily on the nature of your injuries. Typically, workers’ comp income replacement benefits cover about 70% of the difference between the amount you earned prior to the disability and the amount you can earn while disabled.

That said, the overall value of your claim will depend on:

  • The duration of your recovery period
  • Whether you are totally or partially disabled
  • Whether you’ll ever recover enough to return to work in the same capacity
  • Your average weekly wages prior to the disability
  • The cost of your medical treatment
  • Whether you can file a personal injury claim for additional damages

However, your benefits are also capped by state law. In 2024, the value of your weekly check cannot exceed $1,174 regardless of your prior earnings history. Impairment benefits and supplemental income benefits are capped at $822.

What Types of Workers’ Compensation Benefits Are Available to Workplace Accident Victims?

Workers’ compensation provides the following benefits:

  • All reasonable and necessary medical expenses 
  • Temporary income benefits (TIBs) if the disability causes you to lose income for at least seven days
  • Impairment income benefits (IIBs) for injuries that impact the body as a whole
  • Supplemental income benefits (SIBs), if you are still impaired after your IIBs are exhausted
  • Lifetime income benefits (LIBs) for permanent and severe injuries
  • Death benefits
  • Burial benefits to pay for a deceased worker’s funeral costs

Contact our McAllen workers’ compensation attorney today to make sure you’re receiving the correct benefits that you deserve.

What Types of Damages Are Available if I’m Entitled To Sue My Employer or a Negligent Third Party?

Workers’ compensation only compensates work accident victims for financial losses. In the personal injury context, you can seek compensation for non-economic damages in addition to your economic damages.

Examples include:

  • Any medical costs not covered by workers’ comp
  • 100% of your lost wages, income, and employment benefits
  • Lost future earning potential
  • Rehabilitation 
  • Property damage
  • Pain and suffering
  • Emotional distress, anxiety and depression 
  • PTSD
  • Diminished quality of life
  • Chronic pain
  • Physical disfigurement and scarring
  • Loss of consortium

Keep in mind that your compensation can be reduced if you share some blame. Under Texas modified comparative negligence rules, personal injury victims lose their right to compensation entirely once their share of fault reaches 51%. These shared fault rules won’t impact your workers’ comp benefits.

We’ll Fight To Recover Compensation for All of Your Work Accident Injuries

At The Law Office of Lino H. Ochoa, we often represent clients who have suffered:

  • Broken bones
  • Back injuries, including herniated discs and nerve damage
  • Soft tissue damage
  • Traumatic brain injuries
  • Spinal cord injuries
  • Head and neck injuries
  • Concussions
  • Back injuries
  • Lung damage and other internal injuries
  • Musculoskeletal disorders
  • Facial injuries
  • Eye injuries
  • Hearing loss
  • Burns
  • Amputations
  • Paralysis
  • Catastrophic injuries
  • Wrongful death of a loved one

These injuries can significantly derail your life. Our McAllen workplace injury lawyer is here to help in any way we can, so give us a call today.

Our lawyer has the skills to handle workers’ compensation claims involving any type of accident, including those based on:

  • Ignoring state and OSHA safety regulations
  • Lack of adequate safety protection
  • Failure to properly train or supervise employees
  • Hiring unqualified workers (negligent hiring)
  • Dangerous property conditions (premises liability)
  • Defective work equipment or tools
  • Improperly maintained work equipment
  • Car accidents
  • Construction accidents, including scaffolding accidents, crane accidents, and forklift accidents
  • Workplace violence and negligent security
  • Communication failures
  • Overworked employees

Anytime you suffer a work-related injury, you may be entitled to workers’ comp. Contact our personal injury law firm in McAllen to learn more about your legal options for recovering compensation today.

How Long Do I Have To File a Claim for Compensation After a Workplace Accident in Texas?

You must notify your employer about your injury or illness within 30 days after an accident or diagnosis or risk losing your right to file a workers’ compensation claim. If you’re eligible to file a personal injury lawsuit, you must do so within two years of the accident or diagnosis. 

If you don’t take legal action on time, you could lose your right to compensation. As there are exceptions to these deadlines in certain cases, it’s best to contact us as soon as you can to preserve your rights.

Contact a Trusted McAllen Workers’ Compensation Lawyer for a Free Consultation

If you have questions about your right to workers’ compensation, call The Law Office of Lino H. Ochoa at (956) 815-0055 today. Contact us today, we offer free case reviews so that you can get quality advice from a McAllen workers’ compensation lawyer without risk. We serve Hidalgo County and its surrounding areas.

Our personal injury law firm in McAllen, TX also handles:

Visit Our Personal Injury Law Office in McAllen, TX

The Law Office of Lino H. Ochoa
6316 N 10th St Building D, Suite 102
McAllen, Texas, 78504

(956) 815-0055

Hours: Monday to Friday,
from 9 am – 5 pm

McAllen Workers’ Compensation Client Review

When in stress and frustration, the only thing you want is for some type of guidance to help you get to the next step. We are very pleased with this Team! Mr. Ochoa and his staff really came through and helped throughout the whole process. Not only were they very informative; they were also available every time we called! We couldn’t have chosen a better team.”

– Mariela Rios

Read more of our Google reviews.