Types of Compensation Available After a Workplace Injury

When you get hurt at work, there are two main ways to seek financial compensation: (i) filing for workers’ compensation benefits, and (ii) filing a personal injury claim for damages.

If your employer participates in workers’ compensation (participation is not mandatory in Texas), you can file for workers’ compensation benefits. If your employer is a “non-subscriber,” you can file a personal injury claim, provided that you can prove that your employer was at fault in the accident. If a third party (such as a contractor or subcontractor) was at fault in the accident, you may be able to file a personal injury claim against the third party as well.

Workers’ Compensation Claims: Types of Benefits in Texas

In Texas, workers who suffer non-fatal injuries can seek two types of workers’ compensation benefits: income and medical.

Income benefits provide compensation for a portion of your lost wages while you are unable to work. Texas’s workers’ compensation law specifies maximum coverage amounts which are dependent upon the extent and long-term effects of your work-related injury:

Temporary income benefits: 100 percent of state average weekly wage
Lifetime income benefits: 100 percent of state average weekly wage for one year
Impairment income benefits: 70 percent of state average weekly wage
Supplemental income benefits: 70 percent of state average weekly wage

For purposes of workers’ compensation income benefits, the state average weekly wage, “is equal to 88% of the average weekly wage in covered employment computed by the Texas Workforce Commission.” Since these are the maximum coverage amounts, if you earn less than the state average weekly wage, your benefits will be determined based upon your actual earnings.

Medical benefits provide coverage for “necessary medical care” to treat a work-related injury or illness. While your medical expenses should be fully covered for up to two years, insurance companies will often try to terminate workers’ medical benefits early by claiming that they have achieved their “maximum medical improvement.”

In the case of a fatal work injury, the worker’s family can claim burial and death benefits through workers’ compensation. Burial benefits provide limited coverage for funeral expenses, while death benefits are similar to income benefits and are subject to a limit of 100 percent of the state average weekly wage.

Personal Injury Claims: Types of Losses You Can Recover

Unlike workers’ compensation benefits, the damages available in personal injury cases are not limited to your medical costs and partial wage replacement. As an undocumented worker, you have the right to seek full compensation for your injury-related losses. This includes:

Outstanding medical bills
Future medical expenses
Prescriptions and other out-of-pocket costs
Lost wages
Lost future earnings
Pain and suffering
Scarring and disfigurement
Loss of society, support, companionship, and enjoyment of life

If you have lost a family member in a work-related accident that was someone else’s fault, you may be able to seek compensation through a claim for wrongful death. In Texas, eligible family members can recover financial compensation for:

Lost future earnings
Lost inheritance
Pain and suffering
Loss of services, support, care, and maintenance
Loss of society, companionship, and comfort

Discuss Your Case with a San Antonio Work Injury Lawyer

If you would like to speak with an attorney about seeking financial compensation for a work-related accident in South Texas, please contact our offices to arrange a free, no-obligation consultation. You can reach us by phone at (210) 308-8811; or, submit our confidential request form and we will be in touch as soon as possible.

Economic Damages

Economic damages compensate you for the financial losses directly caused by your injury. These damages can be calculated with documentation and are sometimes called special damages. Common types of economic damages in personal injury cases include:

Medical expenses – Hospital bills, surgery costs, prescription medications, physical therapy, rehabilitation, and any future medical treatment related to your injury
Lost wages – Income you lost because you could not work while recovering from your injury
Loss of earning capacity – Reduction in your ability to earn income in the future due to permanent injuries or disabilities
Property damage – Repair or replacement costs for your vehicle or other property damaged in the accident
Out-of-pocket expenses – Transportation to medical appointments, home modifications, assistive devices, and other costs related to your injury

Non-Economic Damages

Non-economic damages compensate you for losses that do not have a specific dollar amount attached to them. While these damages are harder to quantify, they are often the most significant part of a personal injury claim. Non-economic damages include:

Pain and suffering – Physical pain and discomfort caused by your injuries, both past and future
Mental anguish – Emotional distress, anxiety, depression, fear, and psychological trauma resulting from the accident and injuries
Physical impairment – Loss of physical function or ability that affects your daily activities
Disfigurement – Scarring or permanent changes to your physical appearance
Loss of enjoyment of life – Inability to participate in hobbies, activities, and experiences you enjoyed before the injury
Loss of consortium – Impact on your relationship with your spouse, including loss of companionship, affection, and support

Wrongful Death Damages

When a personal injury results in death, surviving family members may be entitled to wrongful death damages under the Texas Wrongful Death Act. These damages may include funeral and burial expenses, loss of financial support, loss of companionship and guidance, and mental anguish suffered by surviving family members. A separate survival action may also allow recovery for the pain and suffering the deceased experienced before passing.

Punitive Damages in Texas

In rare cases involving extreme negligence or intentional misconduct, Texas courts may award exemplary or punitive damages. These damages are designed to punish the wrongdoer and deter similar conduct in the future. Under Texas Civil Practice and Remedies Code Section 41.008, punitive damages are generally capped at the greater of $200,000 or two times the amount of economic damages plus an amount equal to non-economic damages up to $750,000.

How We Maximize Your Compensation

At the Law Offices of Ronald A. Ramos, P.C., we work with medical professionals, economists, and life care planners to accurately calculate the full value of your claim. Insurance companies often try to minimize the compensation they pay, but our experienced attorneys know how to build a strong case that accounts for every type of damage you have suffered.

Whether your case involves a car accident, workplace injury, or workers’ compensation dispute, we fight to ensure you receive the maximum compensation available under Texas law. Contact us today for a free consultation.