Disclaimer: This article provides general information on Texas law. It does not offer legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
1. Workers’ Compensation Claims
If you suffered an on-the-job injury, you may qualify for workers’ compensation benefits. Texas Labor Code §408.151 requires employers to carry workers’ compensation insurance or formally opt out.
Texas Labor Code Chapter 408
- Benefits cover medical costs and up to 70% of lost wages (subject to statutory maximums).
- Report the injury to your employer within 30 days.
- File a claim with the Texas Department of Insurance, Division of Workers’ Compensation at tdi.texas.gov/wc.
2. Auto Accident Claims and Personal Injury Protection (PIP)
If an automobile accident caused your injuries, you can use PIP coverage—if your policy includes it—to recover up to 80% of your lost wages, subject to policy limits. Texas mandates that insurers offer PIP under the Insurance Code §1952.101.
Texas Insurance Code Chapter 1952
- Submit wage-loss documentation (pay stubs, employer statements) to your auto insurer.
- Meet the insurer’s deadlines, usually within 45 days of the accident.
3. Third-Party Liability Lawsuits
When a negligent party (e.g., another driver or property owner) causes your injuries, you may file a personal injury suit to recoup lost wages as part of your damages. Texas Civil Practice & Remedies Code §41.001 allows recovery of economic damages, including past and future wage losses.
Texas Civil Practice & Remedies Code Chapter 41
- Prove negligence, causation, and wage-loss amounts.
- Keep records of income before and after the accident.
- File suit before the two-year statute of limitations expires (Tex. Civ. Prac. & Rem. Code §16.003).
4. Uninsured/Underinsured Motorist (UM/UIM) Coverage
If the at-fault party lacks sufficient insurance, UM/UIM coverage can step in. It pays damages—including lost wages—up to your policy’s limits. Check your declarations page for limits and conditions.
5. Short-Term and Long-Term Disability Insurance
Private disability plans (offered by employers or purchased individually) provide wage-replacement benefits when you cannot work. Benefit amounts and waiting periods vary by policy. Review your plan’s summary and file promptly.
6. Social Security Disability Insurance (SSDI)
If your injuries prevent you from working for 12 months or more, you may qualify for SSDI through the Social Security Administration. SSDI pays a monthly benefit based on your work history. Apply online at ssa.gov.
Helpful Hints
- Document hours missed and pay stubs to prove lost wages.
- Retain all medical records and doctor’s reports.
- Notify your insurer and employer in writing, and keep copies.
- Meet all claim-filing deadlines to preserve your rights.
- Consult an attorney early to evaluate all recovery options.