Questions? We have Answers (FAQs)

1. How much work do I have to miss in order to qualify for workers’ compensation benefits?

If your injury results in your inability to work for at least seven days, you are entitled to begin receiving weekly Temporary Income Benefits on the eighth day.

2. How long will I receive benefits?

The duration of your Temporary Income Benefits depends upon the extent of your injury – but there is also an established cut-off date. As long as you are unable to work due to the injury, you will continue to receive benefits – until either a doctor declares you have recovered as much as possible, or until 104 weeks have passed since the date you began missing work.

3. Does my employer get to choose which doctor I see for treatment?

Unless the Texas Workers’ Compensation Commission tells you that you must see a company-approved medical provider, you can select your own doctor for treatment. We can also help you find a doctor that will treat you under the workers' compensation system, whether network or non-network.  Just call for a referral, even if you don't sign a contract.

4. Why do I need a lawyer if I can’t sue my employer?

If your employer carries workers’ compensation insurance, in most cases you cannot sue your employer for damages related to your injuries. However, workers’ compensation claims have a high rate of denial – often because people don’t understand the documentation and process needed to secure approval for benefits. A lawyer familiar with work injury cases can often help if you need to appeal a denial of benefits. Also, it’s possible another company besides your employer may share responsibility for your injury – such as the manufacturer of any equipment involved in your accident. If this is the case, you may be able to file a claim against that company for damages in addition to your workers’ compensation claim.

5. Does an illegal alien have rights in a work injury case?

Yes; illegal aliens can file for workers’ compensation and they can also file personal injury lawsuits against parties other than the employer.

6. What if my employer doesn’t subscribe to the workers’ compensation insurance system? How can I pay for my medical bills if a work injury disables me?

If your employer doesn’t carry workers’ compensation insurance, you won’t be able to file a claim for workers’ compensation benefits. However, if your employer is at fault for the injuries you sustained, you may be able to file a personal injury lawsuit instead – and an experienced attorney can help evaluate the best strategy for recovering the maximum compensation.  Marye Law Firm specializes in these types of cases, commonly referred to as a "Non-Subscriber case."

7. I filed a claim with workers’ compensation, but I think the insurance carrier is acting unfairly. Do I have any legal options?

Insurance companies are required to act in good faith – and unfair treatment is a violation of that responsibility. Bad faith insurance claims are another type of lawsuit, and one that you can pursue even if you are trying to get workers’ compensation benefits – because you would be suing the insurance company, not your employer. Of course, sometimes the insurance company’s actions may seem arbitrary or unfair but are within the law – so it’s important to get a qualified assessment of the situation to determine if you have any legal recourse. If you suspect unfair treatment, contact an attorney for an evaluation of your case.

Read more about work injuries.

1. How long after my accident do I have to file a personal injury lawsuit?

In the state of Texas, personal injury claims typically have a statute of limitations of two years. This means that you must file suit within two years of your injury – or within two years of discovering your injury, if the injury was an illness or other condition not immediately apparent.

2. Can I file a personal injury lawsuit on behalf of my minor child?

Yes; if your child suffered a severe injury due to someone else’s actions, you can pursue legal action on his or her behalf. Consult with an experienced attorney to determine the strength of your potential case and the type of damages you should seek.

3. What if I am partially to blame for my injury along with someone else?

Under Texas law, the concept of comparative negligence applies to personal injury cases. If the court finds you more than 50% responsible for your injury, you won’t be able to collect damages from anyone else who shared in your injury. However, as long your share of the responsibility is less than 50%, you can still sue, but your recovery will be reduced in proportion to your share of the fault.

4. My husband was killed by a drunk driver and the driver is on trial for manslaughter. Does that mean I can’t sue him?

No. Just because the state has taken criminal action against the drunk driver does not mean a civil action is barred. Families who are not satisfied with the results of a criminal trial often decide to file personal injury suits as a means of seeking additional justice.

5. What does strict liability mean?

Strict liability is the concept that some products and activities are so inherently dangerous that the company responsible for the product or activity is held liable for any harm or injuries that result, regardless of fault. In most personal injury cases, you have to prove a company’s negligence, but in strict liability cases, such as those involving dangerous consumer products, you only have to prove the product was dangerous. This also can be applied to certain activities – demolishing a building, for example, which is so dangerous that any company engaging in the activity must be held accountable for any injuries that result, regardless of whether they acted negligently.

6. I recently suffered serious injuries related to a defective car part. An insurance agent representing the car company sent me a check. Should I cash it?

Before you cash the check, you should know that by endorsing it you may be signing away your rights to file any legal action against the car company. Insurance companies often try to get injury victims to sign what is known as a release – this “releases” the company from any further financial responsibility and prevents you from bringing a lawsuit. Sometimes these releases come in the form of checks offered as minimal compensation amounts, and people don’t realize that fact until they have endorsed and cashed them. Don’t sign or cash anything until you have consulted with an experienced personal injury attorney.

Read more about personal injury.

1. I was seriously injured by a drunk driver, but the driver was only 16 years old. I feel someone should be held responsible for my injuries, but I can’t really sue a child. What can I do?

When a drunk driver is a minor, if he or she was served alcohol in a bar or restaurant prior to causing the accident, that establishment may be held liable. A teenager shouldn’t have been given access to alcohol in the first place – and thus under dram shop laws, you would be filing suit against the business responsible for providing the alcohol, and not actually filing suit against the teenager.

2. I was injured as the result of an accident involving a traffic construction site. I’ve been told I should have been driving more slowly through a work site, but there were no signs advising me to slow down. Do I have a case?

The company responsible for the road construction project or site should have posted signs alerting you to the need for reduced speed. If there were no signs or other indications that you could have reasonably interpreted as a reason to reduce speed, and you had an accident because of construction conditions you were not aware of, you may have a personal injury case. An experienced attorney can discuss your case and advise you in greater detail.

3. My uncle was riding a motorcycle and the driver of another vehicle swerved into him, killing him. Can his family sue, or was he responsible for making himself more visible to the driver?

A motorcyclist has the same right to share the road as the driver of any vehicle. Certainly, anyone operating a motorcycle should take all possible measures to remain visible – but he is not legally responsible for the alertness of other drivers. Consult with an attorney for a more thorough review of your case.

4. If I’m involved in a vehicle accident, do I really need to seek medical attention if I don’t have major injuries?

Anyone involved in a vehicle accident would be well-advised to seek medical attention. Many injuries that result from vehicle accidents aren’t immediately apparent, and shock and adrenaline can blur pain symptoms. It’s important to obtain medical care right away so that if you do incur serious injury as a result of your accident, you have documentation of those injuries.

5. Why shouldn’t I sign anything from the other driver’s insurance company if they are offering to compensate me for my injuries?

The reason you should never sign any documents from the other driver’s insurance company without first speaking with a lawyer is that the insurance company wants to minimize the amount it pays to you. A release you must sign as part of the settlement will prevent you from pursuing further legal action. Since many injuries may be more complicated and require additional treatment such as physical therapy or even surgery, you don’t want to get locked into a compensation amount until you know the extent of your condition.

Read more about vehicle accidents.