If you have been injured on the job, you may be coping with both healthcare concerns and questions concerning the benefits you are due. The workers’ compensation claims process can be daunting, and serve as an added burden as you try to recover. Workers injured on the job can turn to attorney Amanda J. Spencer who is experienced in each aspect of the claims process and can guide you through every step to help you seek your full compensation. There are certain time limitations to follow, so it is important to consult an attorney as soon as possible on your workers’ compensation claim. Reach out online or call the Spencer Law Firm in San Antonio, TX, at (210) 543-0000 today for a free case review.
Seeking Medical Care
If you have sustained an injury or fallen ill, you must seek medical care immediately. This is for the sake of your health and to bolster your claim. By getting medical attention right away, it is easier to prove that the problems you are enduring are connected to your accident. The longer you wait to be seen by a healthcare professional, the more difficult it is to draw the line between your suffering and the work incident or tasks that were the cause.
Texas Statute of Limitations
A statute of limitations is the time period during which a claim must be filed. For a workplace injury case there are several statute of limitations that workplace accident victims in Texas need to keep in mind. Failure to meet these time limits can result in a denial of benefits.
Reporting to an Employer
You need to inform your employer of the work injury or illness that was caused by your employment. You must report the injury to the employer within 30 days from the date of injury, or from the date that you knew your health problems were related to your job.
Filling Out a Claim Form
Texas workers who are eligible for workers’ compensation must fill out an Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease (DWC Form-041). This must be sent to the Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC) within one year of the date of injury. The Spencer Law Firm can help you complete these forms and submit them to TDI-DWC to ensure they are completed correctly.
Some workers are injured due to the negligence of another person or party other than the employer. If you have grounds for a third-party or personal injury claim, be sure to contact our firm as soon as possible so we can help you file your claim.
Maximum Medical Improvement
For workers with long-lasting injuries, the maximum medical improvement (MMI) date is a critical one to know. According to the Workers' Compensation law, the MMI is a specific date at which an impairment rating is calculated. This rating determines how much you are affected by your injury and the amount of compensation you deserve as a result. The date is set by either your medical condition, or the time since eligibility for benefits began, typically 104 weeks or two years. At the MMI date, a new type of income benefits is triggered, the amount of which is based upon the impairment rating calculation.
Ms. Spencer is vastly experienced in the workers’ compensation process and can handle your claim, so you can focus on getting better and returning to work.
Carriers are known to push for an MMI assessment before the time they are due, naturally out of their own self-interests. Claimants and their doctors should be prepared to deal with these tactics and be familiar with their rights to stand their ground. Enlisting the services of a workers' compensation attorney can make all the difference in ensuring that your exact MMI date and calculation is safeguarded and that you collect the full benefits you are due at each stage of your disability.
Contact a Workers’ Compensation Attorney
Ms. Spencer is vastly experienced in the workers’ compensation process and can handle your claim, so you can focus on getting better and returning to work. Backed with a over a decade of legal experience, she can aggressively fight against the insurance companies to maximize your benefits. If your case merits a third-party claim, she can also pursue the at-fault parties to compensate your suffering. Find out how attorney Amanda J. Spencer’s workers’ compensation experience can work for you by contacting us online or calling (210) 543-0000 to schedule your no-cost consultation.