In the State of Texas, employers are required to provide a level of insurance protection that will pay medical expenses and a portion of wages lost due to an injury that occurs on the job, or the contraction of an illness that is related to your job. An example well known to Houston disability attorneys would be a construction worker who falls off of a ladder while performing duties for their employer or a factory worker that is diagnosed with cancer as a result to their prolonged exposure to asbestos fibers in the workplace.
A Houston Disability Attorney may be necessary to help you navigate the process of applying for benefits from a workers’ compensation claim. Although the state reports a decline in the number of work related disability claims, it may still be possible for you to find yourself in a situation where your claim is denied or need help understanding your rights.
Among the many difficulties associated with filing disability claim is the volume of paperwork involved. Terminology can be very confusing, which again is why working with a Houston disability attorney is so vital. Now, there are times when application for disability benefits should not occur. For this reason, a lawyer would consider all aspects of the case to include place of injury, type of injury or illness, level of severity, length and type of medical care, prospect for recovery, time off work, and previous denial for benefits, among other things.
Did the injury occur on the job?
Obviously, for a claim to be filed the injury or illness would have to be job-related. To qualify for benefits, an employee would have been injured or become ill while on the job or in direct correlation to the workplace according to the Texas Workers’ Compensation Act.
If you meet this standard and are unable to receive benefits or are not sure what to do, an attorney can provide you with advice and counsel as to the next steps that need to be taken.
What is the Nature of your Injury?
The more serious the injury or illness that you have, the more likely it is that you will have to miss time from work, as well as incur medical treatment that can become a financial burden. A broken arm may require you to miss some time from work and incur medical expenses related to having bones set. This type of injury however would not have the same severity as a worker whose contracts mesothelioma, a form of cancer that is caused by asbestos.
Has the medical issue been treated?
It is important to note that while one person might require medical treatment for a job-related injury or illness, another person may not. If someone experienced an injury or illness while on the job that required very little medical assistance or none at all, it would still be necessary to see a doctor in an effort to determine the amount of time needed off work. Additionally, to return to the job, the doctor would need to provide the employer with a medical release. Not only does this protect the employer but it also creates a paper trail for the employee if disability benefits are applied for at a later date.
Has the person ever received a denial of benefits?
If you were denied benefits, you will need the assistance of a Houston Disability Attorney who can work with you to determine how to best obtain benefits to assist you with your medical expenses and lost wages due to your inability to work.
Answering these questions can help you determine the best approach in working with a Houston Disability Attorney and getting the process started in order to qualify for the benefits you are entitled to.
If you have encountered problems obtaining benefits, contact a reputable disability lawyer in Houston today. The Houston long term disability attorney at Brauchle Law Firm, PLLC, can provide experienced assistance in getting the benefits you need.Tags: Disability, disability benefits, disability denial, disability insurance, health, Houston disability attorney, Houston disability denial attorney, law, Legal, personal finances