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Workers' Compensation Attorney in Austin, TX
Texas workers' compensation runs on deadlines that arrive far sooner than people expect: 30 days to report the injury, one year to file the claim. It pays medical care and income benefits and it pays nothing at all for pain, mental anguish, or the loss of what you used to be able to do. Knowing what the system covers, and what it does not, is what tells you whether benefits are the whole answer or only part of it. The Law Offices of Brent A. Devere advises injured workers in Austin and across Central Texas.
The answers below provide general information and are not legal advice for your specific situation.
Frequently asked questions
No. Texas is the only state where private employers may decline to carry it. Whether your employer subscribes determines everything that follows: what you can claim, from whom, and under what rules. Your employer is required to tell you whether it carries coverage, and the Division of Workers' Compensation maintains records of subscribing employers. Establish this first, because every other answer depends on it.
Medical care reasonably required to treat the work injury, and income benefits in four types: temporary income benefits while you cannot earn your pre-injury wage, impairment income benefits based on an assigned percentage, supplemental income benefits in defined circumstances afterward, and lifetime income benefits for a narrow category of catastrophic injuries. It pays nothing for pain, mental anguish, physical impairment as a damages category, disfigurement, or loss of enjoyment of life.
Within 30 days of the injury, or of the date you knew or should have known it was work related, which matters for repetitive trauma and occupational disease. The claim itself must be filed with the Division within one year. Both deadlines are enforced, and a late report is the most common reason an otherwise valid claim gets denied.
No. Denial is the beginning of a process, not a verdict. Disputes run through the Division of Workers' Compensation: first a benefit review conference, which is a mediated attempt to resolve the disagreement, then a contested case hearing before a hearing officer who takes evidence and issues a decision, then an appeal to the Appeals Panel, and judicial review after that.
Not always, and choosing wrong can leave you with unpaid bills. If your employer's carrier participates in a certified health care network, you generally must treat within that network, with limited exceptions for emergencies. If it does not, you have more freedom to select a treating doctor. Find out which situation you are in before your second appointment, not after.
It is a percentage assigned once your condition reaches maximum medical improvement, meaning it is not expected to improve further. That percentage directly determines how many weeks of impairment income benefits you receive. It is also one of the most frequently disputed issues in the entire system, and a rating assigned by a doctor selected by the carrier deserves scrutiny.
Retaliating against an employee for filing a workers' compensation claim in good faith is prohibited in Texas. It is a separate claim from the injury itself, with its own elements and its own proof requirements, and it usually turns on timing and on what the employer said and documented. Keep records of performance reviews and communications from before and after the claim.
Generally no. Benefits are the exclusive remedy against a subscribing employer under Texas Labor Code § 408.001. The exception is narrow: § 408.001 does not prevent a surviving spouse or heirs from recovering exemplary damages where an employee's death was caused by the employer's gross negligence or an intentional act. That exception applies to death cases, not to injuries.
Through a claim against someone other than the employer. A subcontractor, a property owner, an equipment manufacturer, or a negligent driver is not protected by the exclusive remedy rule. That third-party claim reaches full damages, and it can proceed alongside the comp claim.
Yes. If you recover from a third party, the workers' compensation carrier has a subrogation right to be reimbursed out of that recovery for what it paid in medical and income benefits. That right is real, but the amount is frequently negotiable, and how it is handled makes a substantial difference to what ends up in your hands.
Not for a straightforward claim the carrier accepts and pays. Representation matters when compensability is denied, when the carrier disputes the extent of injury, when an impairment rating is contested, when you are pushed back to work before you are ready, or when a third-party claim exists alongside the comp claim. Attorney fees in Texas comp cases are regulated and must be approved.
The firm is based in Austin and represents clients throughout Texas, primarily in Travis County, Williamson County, and Bastrop County.
Board certification by the Texas Board of Legal Specialization recognizes attorneys who demonstrate substantial experience in a specific area of law, pass a rigorous examination, and receive peer review.Brent A. Devere is Board Certified in Consumer and Commercial Law, Consumer Bankruptcy Law, Residential Real Estate Law, and Commercial Real Estate Law by the Texas Board of Legal Specialization.Working with a board-certified attorney means your case is handled by a lawyer with proven knowledge, experience, and commitment in their field.
The initial consultation is free. You can call the Austin office or use the contact form to schedule one, and there is no cost or obligation to discuss your situation.
Yes. The firm handles most types of litigation. If your matter isn't listed among the practice areas, contact the office to discuss whether the firm can help.
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