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Whether you have surgery or not after a work-related injury shouldn't impact your benefits if your employer's subscribed to the state's traditional workers comp system. If they're not, you can sue your employer through a lawsuit filed in a state court.

There are no “settlements” in a Texas Workers' Compensation case, and you can never “sell” your lifetime medical benefit for any kind of “settlement” or “payment”. Disputes in Workers' Compensation Cases – From time to time, disputes will arise during the life of a workers' compensation claim.

If you are an injured employee who wants to appeal the decision or file a response to an appeal and you do not have an attorney, you can get free help from an ombudsman at the Office of Injured Employee Counsel (OIEC). Call OIEC at 866-393-6432 or go to the OIEC website for more information.

As you can see, there are limits to workers' comp benefits: you'll receive only a portion of your lost wages (although it may help to learn that workers' comp benefits are generally tax-free). In addition, you can't receive any payment for the pain and suffering related to your injury.

Why Many Employers Buy Workers' Comp. Even though Texas does not require employers to buy workers' compensation for their employees, you will find that many do voluntarily. The reason is that an employee cannot sue an employer directly for damages if they receive or are eligible for workers' comp benefits.

A 100 percent impairment rating describes a condition limiting an individual's ability to work and perform daily tasks. In such a case, the individual is eligible for total compensation.

In Texas, if the workers' compensation coverage is either non-existent or insufficient, a worker can sue for full compensation.

How Long Does It Take to Reach a Settlement for Workers' Comp? The entire settlement process—from filing your claim to having the money in your hands—can take around 12-18 months depending on the details of your case and whether or not you have legal representation.

To date, the largest settlement payment in a workers' comp case came in March of 2017, with a $10 million settlement agreement.

How Long Does It Take to Reach a Settlement for Workers' Comp? The entire settlement process—from filing your claim to having the money in your hands—can take around 12-18 months depending on the details of your case and whether or not you have legal representation.