Detailed Answer
Personal Injury Claim Against a Third Party
If another party caused your accident—like a car collision or slip-and-fall—you may file a personal injury lawsuit to recover past and future lost wages. Under Texas law, courts award “actual damages” that include loss of earning capacity and lost wages. See Texas Civil Practice & Remedies Code § 41.001.
Workers’ Compensation Benefits
If you sustain injuries at work, you can file a claim with the Texas Department of Insurance, Division of Workers’ Compensation. Eligible employees may receive Temporary Income Benefits (TIBs) if their work-related injuries cause them to lose more than 7 days of earnings. TIBs cover 70% of the difference between your average weekly wage and post-injury earnings, subject to state limits. See Texas Labor Code § 408.121.
Disability Insurance
If you purchased short-term or long-term disability insurance, you can file a claim under your policy for wage replacement. Short-term plans often cover 50–70% of your salary for a limited period. Long-term plans may extend benefits for months or years, depending on your policy terms.
Social Security Disability Insurance (SSDI)
If your injuries prevent you from returning to any gainful employment for at least 12 months, you may apply for SSDI through the Social Security Administration. After a five-month waiting period, eligible claimants receive monthly benefits based on their work history.
Settlement vs. Trial
Most personal injury and workers’ compensation cases settle before trial. Insurance companies often negotiate settlements that include lost wages. To strengthen your claim, document your earnings with pay stubs, tax returns, and employer statements. If negotiations fail, you can pursue a trial in state court.
Helpful Hints
- Collect documentation: Keep detailed records of your lost work hours, pay stubs, and tax returns.
- Seek prompt medical care: Document injuries and treatment to support your claim.
- Notify insurers early: File claims promptly to meet legal deadlines.
- Consult an attorney: A licensed Texas attorney can guide you through complex procedures and maximize recovery.
- Understand deadlines: Personal injury claims in Texas generally have a two-year statute of limitations. See Texas Civil Practice & Remedies Code § 16.003.
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a licensed attorney about your specific situation.