When you get hurt on the job, the first place you might think to turn is your state’s workers’ compensation system. But if you live in Texas and incur an injury while working at Pep Boys, workers’ compensation claims are different.
Pep Boys workers’ comp claims are different because the State of Texas allows private businesses to opt out of providing workers’ compensation coverage—and Pep Boys has taken advantage of this opportunity. However, you still have the right to seek legal relief from Pep Boys for an on-the-job injury, and our successful personal injury attorneys from Armstrong Lee & Baker LLP can win all the compensation that you deserve.
How Do Workers’ Compensation Claims Work?
In a typical workers’ compensation claim, you must notify your employer about your work-related injury or illness within 30 days. After your employer receives notice of your injury, it typically must make the following payments to you:
- Temporary income benefits to cover 70-75% of the income you have lost due to your work injury,
- Impairment income benefits to compensate you for any permanent disability you incur from your work injury,
- Supplemental income benefits to compensate you for an impairment rating of 15% or more that has prevented you from returning to work or earning at least 20% of your average weekly wage,
- Lifetime income benefits to compensate you for specific severe work injuries,
- Medical benefits to cover reasonable and necessary care related to your work injury,
- Burial benefits, and
- Death benefits.
Through the workers’ compensation system, you have the right to recover these benefits regardless of whether your employer was at fault for your injury. To access benefits, all you have to prove is that workers’ compensation coverage applies to you and that your injury arose out of and in the course and scope of your work.
How Do Pep Boys Workers’ Compensation Claims Work?
However, Pep Boys is a workers’ comp non-subscriber. This means that the business has opted out of providing workers’ comp coverage to its employees. But non-subscriber employers with five or more employees must notify the Texas Division of Workers’ Compensation about their employees’ work injuries, and if they don’t, they could be subject to penalties.
Instead of seeking remedies through workers’ compensation claims, Pep Boys employees who suffer work injuries can obtain compensation through civil lawsuits or making claims through any other benefit plans the business offers.
In general, if you choose to sue your non-subscriber employer after suffering an injury at work, you must prove that your employer was at fault for your injury. You might show fault by proving your employer was negligent or by proving your employer engaged in intentional misconduct.
If your lawsuit is successful, you could recover the following:
- Economic damages to pay for all financial losses related to your injury (e.g., lost wages, lost earning capacity, medical expenses, and out-of-pocket expenses);
- Non-economic damages to compensate you for physical and mental pain and suffering;
- Exemplary damages to punish your employer if it engaged in malicious or fraudulent acts; and
- Injunctive relief to order your employer to stop wrongful practices.
Our experienced trial attorneys can maximize your damages in a lawsuit and take the stress of litigation off of your hands while you do the important work of healing.
Employer Benefit Claims
The losses from your work injury might be covered by a benefit plan your employer provides, such as disability insurance or life insurance. Speak to one of our workplace injury attorneys at Armstrong Lee & Baker LLP immediately after getting hurt so that we can identify your rights under employer plans and ensure that you make a timely and proper claim for benefits.
We Can Take Care of You
Armstrong Lee & Baker LLP is a successful personal injury firm that has won millions for individuals who have suffered harm at the hands of others. Our attorneys are award-winning, compassionate, and committed to providing the best representation to every client.
If you were injured on the job, we hope you will reach out to us. We serve the great people of Texas, and we are ready to serve you. You can contact us online or call us to schedule an appointment. You only pay if we win.