Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Sarah Edwards
Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband 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.
Texas is a state known for its rugged independence. That can be a huge boon in many situations, but it can also be a problem if you are injured on the job in Texas. With some of the most convoluted workers’ compensation laws in the country, tackling workplace injuries without a good lawyer can be a nightmare.
This list of the best workers’ comp lawyers in Fort Worth will help you get the compensation you need.
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Show Summary
- Best Workers' Comp Attorneys in Fort Worth
- Best Fort Worth, TX, Non-Subscriber Worker Injury Attorneys
- Compare Top Workers' Comp Attorneys
- Workers’ Compensation Laws in Texas
- How Can an Attorney Help You in Fort Worth?
- How to Choose the Best Workers’ Comp Lawyer in Fort Worth, TX
- Methodology for Finding the Best Fort Worth Workers’ Compensation Attorney
- Frequently Asked Questions (FAQs)
Best Workers' Comp Attorneys in Fort Worth
Best Fort Worth, TX, Non-Subscriber Worker Injury Attorneys
Compare Top Workers' Comp Attorneys
Workers’ Compensation Laws in Texas
Texas has the most unusual workers’ compensation laws of any state in the country. Texas is the only state that doesn’t require employers to purchase employee workers’ compensation insurance. Workplaces that insure their employees are known as subscribers and gain significant legal protections. Non-subscribers lose those benefits but don’t pay anything for insurance.
Because the system is so complicated, workers who suffer similar injuries may face significantly different processes to get compensation. Anyone hurt on the job in Texas should consult with a lawyer immediately.
Who Is Protected by Workers’ Compensation Laws in Fort Worth, TX?
If an employer is a subscriber, then everyone employed by the company is protected by workers’ compensation laws. Similarly, if the employer is not a subscriber, no one who works for them is covered by the laws.
The only exception to this is for specific classes of non-subscribers. Employers have the option to purchase alternate coverage or purchase insurance from unlicensed insurance companies. While these policies typically cover all workers, they do not meet the requirements for those workers or the employer to be protected by state workers’ compensation laws.
Workers’ Rights Under Fort Worth, TX, Workers’ Comp Laws
Workers’ compensation in Texas will likely pay benefits that are a percentage of the worker’s average income for up to two years or until the worker recovers. They may also pay impairment income for permanent damage. Supplemental income can be claimed by someone who suffered at least 15% impairment. It provides income replacement if they can’t yet return to work or are earning less than 80% of their previous income.
Lifetime income is for workers who suffered catastrophic injuries. They can get roughly 75% of their average income for life. Medical compensation benefits pay for medical care related to a work-related illness or injury. If an employee dies while on the job, family members can receive a portion of funeral expenses and some compensation for the loss of their loved one.
Filing Process for Workers’ Compensation in Fort Worth, TX
When an employee is hurt or becomes sick on the job, they must complete the filing process to get compensation for their injuries or illness. This process begins by reporting the incident to their employer. The employer will notify the Division of Workers’ Compensation (DWC), sending them a packet of forms they must fill out.
These forms include:
- A Notice of Injury letter
- DWC Form-041, the claim form
- A complete explanation of the employee’s rights and responsibilities
- Information about when and how the employee will return to work
- A checklist to help ensure the employee fulfills their responsibilities properly
If the employee doesn’t receive the packet promptly, they can contact the DWC directly to get it sent to them. This may indicate that their employer or their insurance company intends to contest the claim. An employee who doesn’t get the packet promptly should consult with a workers’ compensation attorney immediately.
Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Fort Worth, TX
If you disagree with the benefits you are being offered from workers’ comp, you can use the DWC dispute resolution process to try to obtain fair compensation. That decision also isn’t the final step. You have the right to appeal that decision to a district court.
The above information isn’t particularly helpful if your workplace doesn’t offer workers’ compensation insurance. If you are injured on the job and your employer is a non-subscriber, your only option for getting compensation is to file a personal injury lawsuit with a Fort Worth district court.
There are some benefits for workers when suing a non-subscriber. Non-subscribers surrender nearly all legal protections against lawsuits and are not allowed to argue in court that the employee’s negligence caused the injury, another employee’s injury caused it or that the employee was aware of the danger and accepted it.
Working with an attorney can allow you to pursue compensation that can alleviate any financial hardship caused by your injury and subsequent loss of income or accumulation of medical expenses.
How Can an Attorney Help You in Fort Worth?
The most important thing that an attorney can do for you if you are injured in Fort Worth is to determine what process you need to follow. While every non-subscriber is required by law to post notices in the workplace and inform new employees that they aren’t covered by workers’ compensation, not every employer performs these tasks.
If you are facing the ordinary workers’ compensation process, a lawyer can guide you through it and help you maximize your benefits. Your lawyer might also help you with the dispute resolution or appeals process if that is necessary.
When dealing with a non-subscriber, your attorney should take control of the process. In the best-case scenario, you are navigating a process controlled by the insurance company, which offers limited benefits. One way or another, you will likely need to file a lawsuit, where your lawyer will handle all interactions with the court.
How to Choose the Best Workers’ Comp Lawyer in Fort Worth, TX
When looking for the best workers’ compensation lawyer in Fort Worth, several important considerations should inform your decision:
- Type of practice. You need a workers’ compensation attorney if your employer is a subscriber and a personal injury lawyer otherwise. Some attorneys practice both types of law.
- Certification. Only a select few lawyers are certified in worker’s compensation law. These attorneys have proven to the state that they are at the top of their profession.
- Past results. Before choosing a lawyer, ask them about their results in similar cases. This will give you a good sense of how much compensation you will receive and how long it will take.
Methodology for Finding the Best Fort Worth Workers’ Compensation Attorney
To come up with the best workers’ comp attorneys in Fort Worth 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)
Will I have to pay taxes on workers’ compensation benefits?
While workers’ compensation income benefits count as a form of income, they typically aren’t taxed unless you are also receiving Social Security Disability benefits at the same time. If you are, you might be required to pay federal taxes on the benefits. Your attorney should be able to help you if that is the case. Benefits for expenses, like burial benefits and medical compensation, are never taxed.
Is there a waiting period before I can get benefits?
Yes, there is a seven-day waiting period before you can receive benefits in Texas. However, if you are disabled for 14 days or longer, you will receive benefits for those seven days. You may file your claim before the waiting period has ended and should if you want to get compensation as quickly as possible.
How long do I have to file a claim?
There are two answers to that. You have only 30 days to give notice to your employer that you suffered a work-related injury or illness. However, you may wait as long as a year to file paperwork to get compensation for that injury. Typically, there is little reason to delay, but your lawyer can help you decide when there may be value in that.
