Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Brett Surbey
Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
According to the Texas Department of Insurance’s Division of Workers’ Compensation 2022 report on workplace injuries, private employers in Texas reported 178,800 non-fatal workplace incidents for 2022. That’s approximately 1.9 incidents per 100 full-time employees.
Though Texas has one of the lowest state-wide workplace injury rates across the country, hiring a competent worker’s compensation attorney can help you get the financial support you need if you’ve been injured on the job. To help your search, here are the best worker’s compensation attorneys in El Paso, along with a brief guide on Texas worker’s comp laws.
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Show Summary
- Best El Paso, TX Workers’ Compensation Attorneys
- Best El Paso, TX Non-Subscriber Worker Injury Attorneys
- Compare Top El Paso Workers’ Compensation Attorneys
- Workers’ Compensation Laws in Texas
- How Can an Attorney Help You In El Paso?
- How to Choose the Best Workers’ Comp Lawyer in El Paso, TX
- Methodology For Finding the Best El Paso Workers’ Compensation Attorney
- Frequently Asked Questions (FAQs)
Best El Paso, TX Workers’ Compensation Attorneys
Best El Paso, TX Non-Subscriber Worker Injury Attorneys
Compare Top El Paso Workers’ Compensation Attorneys
Workers’ Compensation Laws in Texas
Worker’s compensation laws in Texas are unique. Workers’ compensation insurance is not required in the Lone Star State unless you are employed by a public entity or work for one as an independent contractor. This gives the process for these types of claims multiple avenues of resolution. Here is a brief guide on the workers’ comp laws in the state and how you can proceed if your employer has chosen not to carry insurance covering your injuries.
Who Is Protected By Workers’ Compensation Laws in El Paso, TX?
Texas law protects any employee working for a private business with workers’ compensation insurance—though, remember, most private companies in Texas are not required to provide workers’ comp insurance.
As defined by the Texas Labor Code Section 401.012, an employee is any person “in the service of another under a contract of hire, whether express or implied or oral or written.” Though this covers a wide range of hired individuals, some exceptions exist.
| Workers Covered | Workers Not Covered |
|---|---|
|
Full-time employees
|
Independent contractors
|
|
Part-time employees
|
People employed as casual or domestic workers engaging in employment incidental to a personal residence unless the employer elects
|
|
Employees employed by public entities
|
Workers covered by a method of compensation established by federal law
|
|
Family members working on a ranch or farm, if named
|
Farm or ranch employees, unless named family members
|
|
Volunteer emergency service members, if named and the employer elects
|
Volunteer emergency service members, unless named and the employer elects
|
|
Resident and non-resident alien employees
|
Seaman or vessel master engaging in foreign or interstate commerce
|
Workers’ Rights Under El Paso, TX Workers’ Comp Laws
Workers who are covered under optional workers’ compensation insurance by an employer have the following rights:
- To hire an attorney to assist with their claim
- To receive assistance from the Office of Injured Employee Counsel (OIEC) if they do not have an attorney
- To potentially receive medical and income benefits regardless of who was at fault, with some exceptions
- To potentially receive income benefits for their work-related injury
- To potentially have access to dispute resolution regarding their claim
- To choose a treating doctor for their injury
- To have information regarding their workers’ comp claim be kept confidential
Though employees have a number of rights under workers’ comp laws, they are also subject to a number of responsibilities regarding their claims and injuries they sustained at work. They are:
- To report their injury to their employer within 30 days
- To know whether they are in a Worker’s Compensation Health Care Network
- In the event they worked for a political subdivision at the time of injury, to find out how to receive medical help
- To tell their doctor about their injury and if it was work-related
- To send a completed Employee Claim for Compensation for a Work-Related Injury or Occupational Health Claim Form (DWC-041) to the Texas Department of Workers’ Compensation (DWC) within one year
- To provide their employer’s insurance carrier and DWC with personal details, including their address, phone number and employer information
- To inform DWC or their employer’s insurance carrier if there’s a change in their employment status
- To not make frivolous or fraudulent workers’ comp claims
Employees should note that their claim to workers’ comp benefits is void if the injury they sustained:
- Occurred while they were intoxicated
- Occurred because of their willful attempt to injure themselves or others
- Occurred when a third party tried to injure them due to a personal reason, not because of their job or where they work
- Occurred during an off-duty, voluntary, recreational, social or athletic activity not related to their work duties
- Occurred due to an act of God, unless their work places them at greater risk of such events compared to the general public
- Occurred due to their horseplay
Filing Process for Workers’ Compensation in El Paso, TX
As soon as an employee is injured, they—or their representative—need to report the injury to their employer as soon as possible. If their injury or occupational disease is not reported within 30 days from the injury date, the employee may not be eligible for benefits.
Once reported, the employer must investigate the claim and submit a report to the Human Resources Department, Risk Management Division, within 48 hours. The injured employee should seek medical attention as soon as possible after the incident. Following the reporting of the incident to their employer, the employee must file Form DWC-041 with the Texas DWC within one year, which lays out their official claim. This form must be given to their employer’s insurance carrier, along with other personal details.
Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in El Paso, TX
Because Texas is the only state that does not require private companies to have workers’ comp insurance, injured employees have several options if they are not covered or not eligible. Companies that do not have coverage—known as non-subscribers—are personally responsible for injuries that workers sustain on their site and are liable to lawsuits. Employees injured due to negligence can end up seeking substantial verdicts or settlements.
Employees covered by worker’s compensation insurance may still have their claim to benefits denied. In these cases, employees can appeal the denial with the help of a workers’ comp attorney. Appealing the claim can be avoided if both parties agree.
The first step usually involves setting up a benefit review conference with the Division of Workers’ Compensation of the Texas Department of Insurance to discuss the denial with your employer and insurance agency. The parties may agree to a settlement, but if not, they have a contested hearing before an administrative law judge. If this fails to resolve the issue, then the claim denial typically needs to be appealed in court.
How Can an Attorney Help You In El Paso?
If you have been injured while working, it’s best to contact an attorney as soon as possible. A workers’ compensation attorney can help you start the initial filing process, keep track of upcoming deadlines, and provide advice and insight into the workers’ compensation laws or procedures throughout the process. If required, they can gather evidence from experts and other avenues to strengthen your claim and advocate for you before an insurance company.
If your claim is denied, an attorney can appeal the decision. If you were injured and your employer was not carrying workers’ comp insurance, you can potentially sue them for damages sustained on the job or bring a claim against their private insurance company.
How to Choose the Best Workers’ Comp Lawyer in El Paso, TX
Finding a highly competent attorney is key to getting a fair settlement for a work-related injury. When looking for a workers’ comp lawyer, keep in mind the following factors.
- Past cases. Review a lawyer’s previous results with worker’s comp-related issues. Do they have success stories with cases similar to yours? Do they win appeals? Do they reach fair settlements? Also, review any awards they received to recognize their work in the field.
- Open communication. Workers’ compensation laws can be complex to understand, especially while you’re working through an injury. A lawyer who can explain these complexities without losing you in the details is critical.
- Positive feedback. Does the lawyer in question have positive reviews from both clients and peers? Checking multiple review sources such as online posts, website testimonials and peer review sites and asking previous clients can help you understand how you will be treated if you hire that attorney.
Methodology For Finding the Best El Paso Workers’ Compensation Attorney
To come up with the best workers’ comp lawyers in El Paso in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much do workers’ comp lawyers charge in El Paso?
Texas workers’ comp attorneys typically use a contingency fee structure for their cases, meaning that they only get paid if they handle your matter successfully. Under Texas law, the maximum percentage of a settlement or verdict a lawyer can charge is 25%. Keep in mind that their fees depend on the complexity of your case, and not all lawyers operate with the highest fees possible.
How long does it take to get a workers’ comp settlement in El Paso?
A settlement from a worker’s comp case can take anywhere from a few weeks to a number of years to be agreed upon, depending on a number of factors. If you have multiple injuries or your employer disagrees with your claim, agreeing to settlement terms could take quite some time. On the other hand, if your employer has no issue with the claim itself and only disputes the amount of funds to be paid, a settlement agreement could be completed much faster.
Which body part has the highest value in a workers’ comp claim?
Under the Texas Labor Code, employees injured on the job are eligible for impairment income benefits (IIB) calculated based on the injury sustained and the employee’s average wage. A doctor will assess your injuries after reaching your maximum medical improvement and give you a rating in points. Under Texas law, a worker is eligible for 70% of their average weekly wage (AWW) up to the state maximum weekly limit, and each point the doctor gives indicating injury will count as three weeks of pay at your AWW.
