If you've been injured at work in Texas and your employer doesn't carry workers' compensation insurance, you may still be entitled to work injury compensation, including lost wages, medical expenses, pain and suffering, and more.
In the stressful days after your accident, you may have assumed workers' compensation would cover your losses, but then you learned that your employer doesn't carry workers' comp insurance.
Fortunately, you still have rights under Texas law. Work injury attorney Warren Armstrong can help you understand your options for recovering fair work injury compensation for your non-subscriber work-related injuries and damages. At Armstrong Personal Injury Law, we're committed to fighting for injury victims like you.
Lost Wages and Earning Capacity
One of the most significant impacts of a work injury is the loss of income. If your injuries prevent you from working, you may be entitled to compensation for your lost wages. This can include:
- Regular wages you would have earned during your recovery period
- Bonuses, commissions, and other income you missed out on due to your injuries
- Paid time off or sick days you had to use while unable to work
Sometimes, a serious work injury may also impact your future earning potential. For example, if you can no longer perform your previous job duties or must take a lower-paying position due to physical limitations, you may also seek work injury compensation for your diminished earning capacity.
Medical Expenses
Work injuries often require extensive medical treatment, which can quickly lead to overwhelming bills. In a non-subscriber work injury claim, you can pursue work injury compensation for all medical expenses related to your injury, including:
- Emergency room visits and hospital stays. If your injury required immediate medical attention or hospitalization, you may seek reimbursement for these costs.
- Surgeries and other medical procedures. Some work injuries require surgical intervention to repair damaged bones, joints, or soft tissues. You may recover the costs of any necessary surgeries.
- Doctor visits and physical therapy. Follow-up appointments with your doctor and physical therapy sessions to regain strength and mobility are also compensable expenses.
- Prescription medications and medical devices. If you need prescription pain medication, assistive devices like crutches or a wheelchair, or other medical supplies for your recovery, these costs can be included in your claim.
- In-home care or assistance with daily tasks. Severe work injuries may require help from a home health aide or family member for daily tasks like dressing and bathing. These services may also be covered.
You may also recover work injury compensation for anticipated future medical needs, such as ongoing therapy or additional surgeries. An experienced Dallas-Fort Worth work injury lawyer can help you calculate the full scope of your medical expenses.
Pain and Suffering
Not all losses from a work injury are financial. Texas law recognizes that the physical pain and emotional distress caused by an injury also deserve work injury compensation. Factors that may influence your pain and suffering damages include:
- The severity and duration of your pain. More severe injuries that cause long-lasting, chronic pain tend to result in higher pain and suffering awards.
- Emotional anguish, anxiety, or depression related to your injury. Some injured workers experience mental health issues after an accident. The emotional toll of your injury can be compensated.
- Difficulty sleeping or engaging in daily activities. Pain and physical limitations can disrupt your sleep and make everyday tasks challenging. These impacts on your daily life may factor into your pain and suffering damages.
- Loss of enjoyment of hobbies or social activities. If your injury prevents you from participating in recreational activities or social events you once enjoyed, you can seek compensation for this loss.
- Impacts on personal relationships. Serious injuries can strain relationships with spouses, children, and other loved ones. These personal impacts may be considered when calculating pain and suffering damages.
While placing a dollar value on pain and suffering can be challenging, a skilled work injury attorney knows how to demonstrate the extent of these damages to insurance companies and juries.
Disfigurement or Impairment
Some work accidents result in severe injuries that cause permanent disfigurement or impairment, such as scars, burns, or loss of limb. If your injury alters your appearance or physical capabilities, you may receive additional work injury compensation. These damages consider factors like:
- The location and visibility of any scarring
- Whether your disfigurement causes embarrassment or affects your self-esteem
- The extent to which your impairment limits your activities and independence
- Any modifications needed to your home or vehicle to accommodate your impairment
Exemplary Damages in Extreme Cases
In rare cases involving gross negligence or willful acts by your employer, you might also be awarded exemplary damages, also known as punitive damages. These damages punish the employer for egregiously reckless or intentional conduct that endangered workers. However, exemplary damages are only available in extreme situations.
