Best Dallas, TX Workers’ Compensation Attorneys
Best Dallas, TX Non-Subscriber Worker Injury Attorneys
Compare Top Dallas Workers’ Compensation Attorneys
| Lawyer Name | TX Bar Association Status | Year Admitted to TX Bar | Law School Attended | Learn More |
|---|---|---|---|---|
| Kay E. Goggin | Active | 1988 | Southern Methodist University Dedman School of Law | |
| Matthew B. Lewis | Active | 1998 | University of Houston Law Center | |
| Daniel L. Morris | Active | 1996 | University of Houston Law Center |
Compare Top Dallas Non-subcriber Worker Injury Attorneys
| Lawyer Name | TX Bar Association Status | Year Admitted to TX Bar | Law School Attended | Learn More |
|---|---|---|---|---|
| Layla Benjamin | Active | 2017 | Texas A&M University School of Law | |
| Sadat Montgomery | Active | 2013 | Southern Methodist University Dedman School of Law | |
| Jeffrey Rasansky | Active | 1990 | Southern Methodist University Dedman School of Law |
Workers’ Compensation Laws in Texas
Workers’ compensation coverage is intended to assist workers who are injured at work. Most U.S. states have laws requiring employers to offer workers’ compensation coverage to their employees.
Texas is the only state in the country that allows all private-sector employers to opt out of providing workers’ compensation coverage. This can cause a lot of confusion for workers injured on the job. The options available to you after a work injury depend on the coverage choices your employer has made.
Who Is Protected By Workers’ Compensation Laws in Dallas, TX?
In general, workers’ compensation only covers employees of “subscriber” employers—meaning those employers that opt into the state workers’ compensation coverage. Employers who opt out, or “non-subscriber” employers, take on the legal and financial risk of reimbursing injured workers.
As of 2022, 83% of private Texas employers had workers’ compensation coverage. If your employer is a subscriber, they must post a workplace notification with the insurance carrier’s name. Non-subscriber employers often choose to carry alternative benefit plans, though these can vary considerably.
Workers’ Rights Under Dallas, TX Workers’ Comp Laws
Employees of subscriber employers are entitled to reimbursement of medical expenses and some lost wages. Lost wages are only reimbursable if you have been out of work for more than seven days due to a work-based injury or illness.
Filing Process for Workers’ Compensation in Dallas, TX
If your employer is a subscriber, then you will be subject to the following filing deadlines to claim benefits:
- File an injury report to your employer within 30 days of injury or illness or within 30 days from when you discovered that your injury or illness was work-related
- File an official claim for compensation through the Texas Division of Workers’ Compensation
The Texas Office of Injured Employee Counsel (OIEC) offers assistance with initial claim filing at local offices and by telephone.
Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Dallas, TX
Texas law does not allow workers whose employers have workers’ compensation coverage to sue their employer for work-related injuries or illness in most circumstances. However, if a third party is at fault, then a lawsuit can be filed against the third party in addition to filing for workers’ compensation benefits.
If your employer is a non-subscriber, then you need to follow the reporting and filing requirements set out by their alternative benefits plan or opt to file a lawsuit. Deadlines for lawsuits, such as the statute of limitations to file your claim, follow state law. In Texas, non-subscriber work injury cases are subject to the same two-year statute of limitations as personal injury claims.
How Can an Attorney Help You in Dallas?
You are allowed legal representation whether your work injury claim falls within workers’ compensation or non-subscriber status. While a lawsuit may not be possible for a workers’ compensation claim, an attorney can help navigate complicated paperwork and represent you at benefit review conferences and contested case hearings. They will also help ensure your documentation is completed correctly and filed on time.
If your employer is a non-subscriber, an attorney can help you work through insurance filing requirements and determine whether a lawsuit is viable.
If a third party was involved in your injury, such as another driver in a work-related car accident, then an attorney can also help you decide whether a separate lawsuit against the third party makes sense.
How to Choose the Best Workers’ Comp Lawyer in Dallas, TX
Workers’ compensation claims are complicated in Texas. Representation of workers in workers’ compensation claims is a fairly small practice area, but some lawyers work in this niche. In addition to the lawyers we’ve listed above, look for the following:
- Specialized knowledge. A lawyer board certified in workers’ compensation law by the Texas Board of Legal Specialization has demonstrated experience and knowledge in this unique area of law.
- Results. Each worker’s compensation claim is different but look for a lawyer who has recently handled similar claims successfully.
- Communication style. After a work injury, you are likely to feel stressed and unsure. Look for a lawyer who will commit to keeping you informed of your claim’s status and explain things clearly.
Methodology for Finding the Best Dallas Workers’ Compensation Attorney
To come up with the best workers’ comp lawyers in Dallas 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 Dallas?
Workers’ compensation lawyers in Texas can charge a maximum of $200 per hour. Legal assistants may be billed at a maximum of $65 per hour. Most lawyers offer a free initial consultation. Your lawyer’s fees will be paid out of the benefits you receive.
If your employer is a non-subscriber, your case will be treated like a personal injury lawsuit. In these cases, lawyers are usually paid a contingency fee. This means that they will earn a percentage of your final case award.
Can you sue for workers’ compensation in Texas?
How your work injury is handled depends on whether your employer subscribes to workers’ compensation insurance coverage. If they subscribe to worker’s compensation insurance, you cannot sue them for work injuries in most circumstances. However, if they are a non-subscriber, then you may be able to sue them for negligence if they failed to protect you from injury.
How much does workers’ compensation pay in Dallas?
Workers’ compensation claims are typically resolved as settlements with the employer’s workers’ compensation insurance provider. The settlement amount awarded will depend on many factors, such as the injury severity, duration of any disability, and the financial cost of medical expenses and lost wages. A workers’ compensation lawyer can advocate to ensure you receive a fair award from the insurance provider.
