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Rio Grande Valley Workplace Accident Lawyer

Workplace accidents are a serious issue across all industries in Texas. Data shows that in 2022, more than 178,000 non-fatal workplace injuries were reported across the state. The highest number of workplace injuries was reported in the manufacturing and construction sectors.

If you have been injured in a workplace accident in Rio Grande Valley, the experienced workplace accident lawyers at Tijerina Legal Group can help you get the benefits and compensation you are entitled to. We will investigate your accident, identify all possible sources of financial recovery—including third-party personal injury claims—and make sure you receive the largest possible compensation for your medical expenses and lost wages.

Call us today at 956-777-7770 to schedule a free consultation with a top-rated Rio Grande Valley workplace injury attorney.

Eligibility for Workers’ Compensation in Rio Grande Valley, TX

To receive workers’ comp claim benefits, you must meet the following criteria.

Be an Employee

You must be classified as a full-time, part-time, or temporary employee.

Work-Related Injury or Illness

Your injury or illness must be work-related, meaning it must have occurred while you were performing duties within the scope of your employment. This includes injuries sustained on company premises, while traveling for work, or while performing work-related tasks off-site.

Most Common Workplace Injuries Covered Under Workers’ Compensation in Rio Grande Valley, TX

In Texas, workers’ compensation typically covers injuries that occur while you are performing work-related duties. These include:

  • Traumatic Injuries: These are serious injuries caused by a sudden workplace accident or event, including fractures, burns, crush injuries, and amputation.
  • Repetitive Strain Injuries: These injuries develop over some time due to repetitive movements, overuse of certain muscles, or poor ergonomics. Common examples include carpal tunnel syndrome, trigger finger, tendinitis, and tennis elbow.
  • Occupational Illnesses: These are illnesses or diseases that develop as a result of workplace conditions or exposure to harmful substances. Common examples include respiratory problems, lung cancer, and hearing loss.
  • Psychological Injuries: These are mental health conditions that result from work-related stress, trauma, or harassment. Common examples include depression, anxiety, and post-traumatic stress disorder.

Workers’ Compensation Benefits in Rio Grande Valley, TX

The benefits you can receive under your employer’s workers’ compensation program include:

Medical Benefits

This includes coverage for medical treatment and care related to your workplace injury or illness. It typically covers medical bills from doctor visits, surgeries, medications, and rehabilitative services.

Income Benefits

  • Temporary Income Benefits (TIBs): If your injury causes you to miss work or prevents you from earning your usual wages, you can receive temporary income benefits. Typically, this amounts to 70% of the difference between your average weekly wage and your post-injury earning capacity.
  • Impairment Income Benefits (IIBs): If you are permanently impaired by a work injury or illness, you can receive impairment income benefits based on the impairment rating given by the doctor after you reach maximum medical improvement.
  • Supplemental Income Benefits (SIBs): If your impairment rating is 15% or more and if you are unable to return to work or only able to earn less than 80% of your average weekly wages, you can receive supplemental income benefits.
  • Lifetime Income Benefits (LIBs): If you have sustained a catastrophic injury resulting in third-degree burns, loss of limb, loss of sight, or paralysis, you can receive lifetime income benefits.

Death Benefits

In cases involving fatal work-related injuries or illnesses, the legal beneficiary or dependent of the deceased worker can receive death benefits for the rest of their life.

What Happens If an Employer Does Not Have Workers’ Compensation Insurance in Rio Grande Valley, TX?

In Texas, workers’ compensation is not mandatory for employers in the private industry except under rare circumstances. Still, many employers choose to have workers’ compensation insurance, as it provides legal protection against personal injury lawsuits from injured employees.

If your employer does not have workers’ compensation insurance, and if you have sustained a work injury, you cannot receive workers’ compensation benefits. Your only option to recover compensation for your injuries is to file a personal injury lawsuit against your employer.

Differences Between Filing a Work Injury Claim and Filing a Personal Injury Claim in Rio Grande Valley, TX

Workers’ Compensation Claim

No Need to Prove Fault

In a workers’ compensation claim, you are not required to prove that your employer or anyone else was at fault for your injury. As long as your injury occurred while you were performing work-related duties, you are eligible to receive benefits.

Limited Benefits

While workers’ compensation provides benefits like medical coverage and wage replacement, the amount you receive is typically predetermined by state laws. More importantly, you are not entitled to receive compensation for pain and suffering and other non-economic damages.


If you are covered under your employer’s workers’ compensation program, it is generally your only source of compensation for work-related injuries and illnesses. You cannot sue your employer or anyone else in your company for damages—even if their negligence caused or contributed to your injuries.

The only exception to this rule is if your injuries were caused by a third party other than your employer. You can file a personal injury claim against them and seek compensation in addition to the workers’ compensation benefits you are already entitled to.

Personal Injury Claim

Proof of Fault Required

In a personal injury claim, such as a slip and fall at the work construction site, you need to prove that your employer’s negligence or intentional actions caused your injury.

Potentially Higher Compensation

Unlike workers’ compensation, a personal injury claim is not limited to economic damages alone. It allows you to seek compensation for non-economic damages like pain and suffering, emotional distress, loss of consortium, and diminished quality of life.

Apart from this, if the at-fault party was grossly negligent, acted egregiously without any regard for your safety, or acted with malicious intent, you might also be able to seek punitive damages.

No Limits on Recovery

While workers’ compensation benefits are limited by state laws, there are generally no caps on the amount of economic and non-economic damages you can receive in a personal injury lawsuit.

Challenges in a Workers’ Compensation Claim and How Our Rio Grande Valley Workplace Accident Lawyers Will Help You

Denied Claims

Insurance companies in Rio Grande Valley are known to deny valid workers’ compensation claims for various reasons. If your claim has been denied, we can review it and gather all the necessary evidence, medical records, and documentation to appeal the denial and fight for the benefits you deserve.

Disputes Over Coverage

Sometimes, your employer or the insurance company might dispute whether your injury is covered by workers’ compensation. In case of such a dispute, we can review your claim, collect the evidence needed to prove that your injury or illness is work-related, and make sure you receive the benefits you are entitled to.

Medical Treatment Challenges

You have the right to receive reasonable and necessary medical treatment for your work-related injury. If the insurance company disputes the necessity of certain treatments or delays approvals, we can intervene to ensure that you receive the care you need without unnecessary delays or obstacles.

Errors in Calculating Benefits

Calculating workers’ compensation benefits can be a tedious task, and errors can occur in determining the amount of benefits you are entitled to receive. We can carefully review your employment and medical records—including your average weekly wages, your impairment rating, and your doctor’s report—to make sure that you receive the full benefits you are entitled to.

Disputing Low Impairment Ratings

If you disagree with the impairment rating provided by the doctor, we can review your medical records, diagnostic tests, treatment notes, and other relevant documentation to identify any inconsistencies or omissions that might have led to the lower rating.

If we determine that your impairment rating is lower than it should be, we can file a dispute, explain why your impairment rating should be reconsidered, and ask for a Benefits Review Conference if necessary.

Is It Possible to File a Workers’ Compensation Claim and a Personal Injury Claim Simultaneously in Rio Grande Valley, TX?

Yes. If your injuries are caused by the negligence of a contractor, subcontractor, equipment manufacturer, supplier, or any other third party, you can file a workers’ compensation claim with your employer and file a personal injury claim against the third party in question at the same time.

Choose an Experienced Workplace Accident Lawyer in the Rio Grande Valley to Maximize Your Compensation

At Tijerina Legal Group, we are dedicated to fighting for the rights of injured workers and committed to providing the legal assistance they need to get the benefits they are entitled to. Our founder, Humberto Tijerina, is a highly-rated workplace injury lawyer in Rio Grande Valley who is known for his unmatched legal knowledge, strong negotiation skills, and trial experience. Under his leadership and guidance, our team has managed to achieve exceptional results for our clients over the years.

If you have suffered a workplace injury, we can help you file a workers’ compensation claim and take steps to make sure you receive the medical and compensatory benefits you are entitled to. Call us today at 956-777-7770 or get in touch with us online to schedule a free consultation with an award-winning McAllen workplace accident attorney.

Picture of Humberto Tijerina

Reviewed by Humberto Tijerina

Personal Injury Attorney in Rio Grande Valley

When you have been injured because of someone else, you need a team with the power to win and the compassion to walk alongside you as you recover.

You WIN or you don't pay us.
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Founded by Rio Grande Valley native Humberto Tijerina, the Tijerina Legal Group serves clients in Brownsville and its surrounding cities. We believe every client deserves efficient, personal, and respectful client service, and we back our commitment by offering our T-No Fee Guarantee. If we don’t win your case, you won’t pay a dime.

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