Houston Workers' Compensation Lawyer

Texas workers' compensation promises injured employees medical care and wage benefits in exchange for giving up the right to sue their employer. What it doesn't guarantee is that you'll actually receive those benefits without a fight. A knowledgeable Houston workers' compensation lawyer can help protect your rights from the very beginning.

Insurance carriers treat every claim as a cost to be minimized. They may dispute the severity of your injury, second-guess your doctor's treatment recommendations, or even delay payments hoping you'll give up or settle for less. And the state agency overseeing the system, the Division of Workers' Compensation, operates on strict deadlines.

What many injured workers don't realize is that workers' comp may not be your only option:

• If someone other than your employer contributed to your injury (perhaps a negligent driver, a property owner, an equipment manufacturer, a subcontractor), you can file a third-party personal injury lawsuit on top of your workers' comp claim.
• These cases recover damages that workers' comp doesn't touch: full lost wages instead of partial, compensation for pain and suffering, and potentially punitive damages.

We handle both sides of this equation. We fight to secure every benefit the workers' comp system owes you, and we investigate whether a third-party claim could significantly increase your total recovery.

If your benefits have been denied, delayed, or undervalued, or if you're unsure whether someone else shares responsibility for your injury, call Calderon Law Firm at 346-999-5673 for a free consultation.

Why Choose Calderon Law Firm to Handle Your Work Injury Claim

Calderon Law Firm is a boutique practice, not a settlement mill where cases are processed in bulk. Founder Jose M. Calderon established the firm after years of working in other practices because he wanted to do things his own way. That way is built on a foundation of direct attorney access and high-touch client service, not on volume.

When you work with us, you are not passed off to a paralegal indefinitely. You get personalized attention from an attorney who understands the stakes. We believe that consistent, clear communication is the bedrock of a strong case, and we ensure you are informed and empowered at every step.

Our office is conveniently located at 6750 West Loop South in Bellaire, just off the 610 Loop near the US-59 interchange. This makes us easily accessible to workers from the Texas Medical Center, Gulfton, the Galleria area, and beyond.

A Firm Rooted in the Houston Community

Jose Calderon is a Houston native and the first-generation son of Mexican immigrants. This background is central to our firm's identity. We understand the cultural and practical challenges many injured workers in Houston face.

Our practice is fully bilingual, fluent in both English and Spanish, ensuring that language is never a barrier to justice. We work to bridge the gap for hardworking individuals who may feel intimidated by an English-heavy legal system.

This commitment to community is backed by a track record of professional recognition. Jose has been selected to the Texas Super Lawyers Rising Stars list, an honor given to fewer than 2.5% of attorneys in the state, and named to The National Trial Lawyers' Top 40 Under 40. These accolades reflect a simple truth: we are a rising force dedicated to helping individuals stand up to powerful corporate and insurance interests.

Our Promise to You

• Contingency Fee: We operate on a No Win, No Fee basis. You pay us nothing unless we recover compensation for you.
• Selective Representation: We are honest and transparent. We only take cases where we believe our involvement makes a meaningful difference.
• Compassion and Respect: We treat our clients like family, not like file numbers. Your story matters, and your recovery is our priority.

Understanding Your Benefits: What Is a Workers' Comp Case Worth?

Workers' compensation in Texas operates under a different set of rules than a typical personal injury lawsuit. The system is primarily designed to cover two things: Medical Benefits and Income Benefits. It does not typically pay for non-economic damages like pain and suffering, unless your employer is a Non-Subscriber.

The Four Tiers of Income Benefits

Lost wages are replaced through a tiered system of income benefits, each with its own eligibility requirements and duration:

• Temporary Income Benefits (TIBs): These benefits cover a portion of your lost wages while you are actively recovering and unable to work. TIBs are generally calculated at 70% of the difference between your average weekly wage before the injury and what you are able to earn after. These benefits stop when you reach Maximum Medical Improvement or at 104 weeks, whichever comes first.
• Impairment Income Benefits (IIBs): Once a doctor determines you have reached Maximum Medical Improvement (MMI), the point where your condition is not expected to get any better, you will be assigned an Impairment Rating. This percentage reflects the degree of permanent damage to your body. IIBs are paid based on this rating, and this is where many disputes arise, as insurance company doctors frequently assign unfairly low ratings.
• Supplemental Income Benefits (SIBs): If you have a high impairment rating (15% or more), have not returned to work (or are earning less than 80% of your pre-injury wage), and meet other specific criteria, you may qualify for SIBs. These are intended to help those with significant long-term disabilities.
• Lifetime Income Benefits (LIBs): Reserved for the most catastrophic injuries, LIBs are paid for the remainder of an employee's life for injuries such as the loss of sight in both eyes, the loss of both feet or hands, or certain severe brain injuries.

Medical Benefits

The system is supposed to cover all "reasonable and necessary" medical care for your work-related injury. However, the insurance carrier holds the power to dispute what it considers necessary. It is common for them to deny pre-authorization for MRIs, surgeries, or specialist visits, creating delays that frustrate your recovery.

The Critical Texas Nuance: The Non-Subscriber Distinction

Texas is the only state in the country that allows private employers to opt out of the state's workers' compensation system. These employers are known as Non-Subscribers.

If you are injured while working for a non-subscriber, the entire dynamic of your case changes. You are not bound by the workers' comp system and can file a personal injury lawsuit directly against your employer for negligence.

In a non-subscriber case, you may pursue full damages, including past and future medical bills, 100% of your lost wages, and compensation for pain and suffering. Identifying whether your employer is a subscriber or a non-subscriber is one of the first and most important steps we take.

When Can I File a Third-Party Claim?

Workers' compensation limits your recovery from your employer, but it doesn't protect anyone else. If a party other than your employer or a co-worker contributed to your injury, you can file a separate personal injury lawsuit against them and recover damages that workers' comp doesn't provide.

Common scenarios include:

• Negligent drivers. If you were injured in a vehicle accident while working-whether you were making deliveries, driving between job sites, or hit while working roadside-the at-fault driver is a third party. Their auto insurance is on the hook, not just workers' comp.
• Defective equipment or products. If a machine malfunctioned, a tool failed, or safety equipment didn't perform as designed, the manufacturer or distributor may be liable under product liability law. This applies whether the defect was in the design, the manufacturing, or the warnings provided.
• Property owners. If you were injured on a property your employer doesn't own or control (such as a client's warehouse, a construction site managed by a general contractor, a commercial building with hazardous conditions), the property owner may share responsibility.
• Subcontractors and other employers. On multi-employer job sites, especially in construction, the negligence of another company's crew can injure you. That company is a third party you can sue directly.
• Toxic exposure. If you developed an illness from chemical exposure, asbestos, or other hazardous materials, the companies that manufactured, supplied, or failed to warn about those substances may be liable.

What Additional Damages Are Available?

A third-party lawsuit isn't capped the way workers' comp is. You can potentially pursue:

• Full lost wages (not the 70% workers' comp provides)
• Future earning capacity if your injury affects your long-term ability to work
• Pain and suffering, mental anguish, and diminished quality of life
• Punitive damages if the third party's conduct was reckless or egregious

Where Do Work Accidents Occur in Houston?

Our region's key industries are hotspots for workplace accidents, each presenting unique dangers.

• The Energy Corridor & Ship Channel: These areas are the heart of Houston's industrial might. Unfortunately, this also means they are home to a high volume of accidents involving heavy machinery, chemical exposure, refinery explosions, and transportation incidents.
• Construction Zones: With near-perpetual construction on major arteries like I-45 and the 610 Loop, Houston's construction workers face daily risks. Falls from scaffolding, equipment malfunctions, and struck-by object accidents are far too common on these sites.
• Transportation & Warehousing: The massive distribution hubs near George Bush Intercontinental Airport (IAH) and the Port of Houston are constantly in motion. This environment leads to a high rate of forklift accidents, crush injuries, and musculoskeletal damage from repetitive heavy lifting.

Data from the Bureau of Labor Statistics underscores these risks, consistently showing thousands of non-fatal occupational injuries and illnesses in the Houston-The Woodlands-Sugar Land metropolitan area each year. Moreover, Houston's brutal summer heat adds another layer of danger, with heatstroke and fatigue contributing to a spike in accidents on outdoor job sites every year.

Dealing with the Insurance Carrier and the DWC

Remember the inherent conflict of interest at play. Insurance adjusters work for a for-profit company, and every dollar paid out for medical bills or lost wages affects their bottom line. Their goal is to close your claim for as little as possible.

Tactics to Watch Out For

• The Company Doctor: Carriers typically pressure injured workers to see doctors within their network who are known for minimizing injuries and assigning low impairment ratings. Rules exist about your right to choose a doctor, but the process is confusing, and many workers end up with a physician who is not on their side.
• Delay and Deny: A common tactic is the pre-authorization denial. The carrier will refuse to approve an MRI, a specialist visit, or a needed surgery, claiming it is not medically necessary. These delays cause immense frustration and are designed to make you feel helpless and more willing to accept a low settlement.
• The Recorded Statement: An adjuster will call you, sounding friendly and concerned, and ask to take a recorded statement about the accident. Do not do this without consulting a lawyer. They are trained to ask questions that could be twisted to suggest you were at fault or that your injury is not as severe as you claim.

If your claim is disputed, you will have to go through formal DWC proceedings like a Benefit Review Conference (BRC) and a Contested Case Hearing (CCH). These are legal proceedings where the insurance carrier will be represented by an experienced defense attorney.

Steps to Take From Home While Recovering

You have reported the injury and seen a doctor. Now, the actions you take from home are about protecting your rights and building a strong paper trail. The insurance company is already building its case against you; it is time to build yours.

• Verify Reporting in Writing: Texas law requires you to report your injury to your employer within 30 days. Make sure there is a written record of this notification, not just a verbal conversation. An email or a certified letter is best.
• File DWC Form-041: Do not rely on your employer to handle all the paperwork. You, the injured worker, must file an official claim with the state. This is done by submitting the DWC Form-041, Employee's Claim for Compensation, within one year of the injury date. Failing to meet this deadline bars you from receiving benefits.
• Keep a Pain Journal: Each day, write down a few notes about your pain levels, the tasks you no longer perform (at home and at work), and how the injury is affecting your life. This journal is powerful evidence to counter an insurance doctor's claim that you are "fine."
• Track All Expenses: Save every receipt. This includes prescriptions, over-the-counter medical supplies, parking fees for doctor's appointments, and mileage to and from medical treatment. These costs may be reimbursable.
• Stay Off Social Media: Assume you are being watched. Insurance companies frequently hire private investigators to surveil claimants. Posting a photo of you at a family barbecue or carrying groceries could be used to argue that your injuries are exaggerated. It is best to deactivate your accounts or refrain from posting entirely while your claim is active.

FAQ: Houston Workers' Compensation Questions

Don't Let Red Tape Stop Your Recovery

You do not have to face the DWC or aggressive adjusters alone. Jose Calderon and his team are ready to review your case, determine if you have a third-party or non-subscriber claim, and pursue every penny of benefits you are owed, with the support of an experienced Houston personal injury lawyer.

Call 346-999-5673 today to take control of your recovery.