Workers’ compensation is a kind of insurance program managed by the State of Texas in the United States of America. Worker’s comp provides payments and medical benefits to employees who got injured during work or those who have a work-related illness. Even though not all Texas employers provide workers’ compensation insurance for their employees, but most do. In this post, i want to unveil 7 must know worker’s comp in Texas.
Were you recently injured on the job? Did you contract an illness because of your work? You might be eligible for worker’s compensation. There are a few things that you should know about worker’s comp. Here are the basics, and how a work injury lawyer can help you.
Ask a Work Injury Lawyer: 7 Must Know Workers Compensation in Texas
1. What Exactly Is Worker’s Compensation?
Before we can talk about the specifics of what you should know about worker’s comp in Texas, we first need to unpack what worker’s comp is. This is an insurance program regulated by the state that gets medical and income benefits to workers who have suffered work-related illnesses or injuries.
This insurance is provided regardless of who is at fault for the injury. For worker’s comp to apply, the injury must have taken place while you were working. If someone you love is killed on the job, worker’s comp will provide funeral and death benefits.
2. When Does Worker’s Comp Not Apply?
There are a few instances of workplace injuries one can incur that won’t be covered by worker’s comp. It’s your duty as an employee to make sure that you are always following correct worker safety practices.
If you are injured at work because you were not following these practices or were horsing around on the job, you will not be eligible for worker’s comp. The same is true if your injuries were self-inflicted, or if they were the result of intoxication or not using proper safety equipment.
3. Do All Employers in Texas Carry Worker’s Comp?
In some states, all employers are required to carry worker’s comp in case something happens to their employees. This is not the case in Texas. Private employers are not legally required to offer worker’s comp to their employees.
If your employer does carry worker’s comp, they should inform you of this at the time of your employment. They should also tell you the name of the insurance company. If you are ever confused about worker’s compensation, you can ask your employer or get in touch with the Texas Department of Insurance—Worker’s Compensation.
4. What If My Employer Doesn’t Carry Worker’s Comp?
If you are injured at work and your employer does not offer worker’s comp, you should make sure that your employer does indicate what options they have available. Many employers will offer private occupational injury benefit plans.
Your employer should tell you what plans they have available when you are initially employed. They should also tell you what rules there are regarding when you need to tell your employer about an injury you’ve sustained, how you can appeal, as well as the kind of medical care you can access.
5. Can I Sue My Employer If I Am Injured at Work?
In most cases, if your employer provides worker’s comp and you are injured on the job, you are not able to sue for your injuries. However, there are some exceptions to this fact.
You might be able to sue your employer if you become sick from asbestos exposure while working, for instance. If you work on a boat or a ship and are injured on the job, this is another exception. You can also sue a third party for your injury if they are at fault.
6. How Do I File a Claim?
If you have been injured at work and your employer is covered by worker’s compensation, the first thing you will need to do is report your injury to your employer. You will need to do this within 30 days, otherwise, you might not receive your benefits.
You also need to fill out a claim form and submit it to the Texas Department of Insurance—Worker’s Compensation Divison. You have to submit this form within one year of your injury or of when you learned that you became sick because of your job.
7. Can I Be Fired If I Make a Claim Against My Employer?
Your employer cannot legally fire you for making a claim against them if you were injured at work. If you are fired, this is what’s known as retaliation. You are protected by law against retaliation by your employer.
If you believe you were unfairly fired, you should get in touch with work injury lawyers in Houston as soon as possible. They will be able to help you determine if you have a case, and they’ll inform you of what next steps you should take. They’ll also provide you were quality legal representation.
Getting injured at work or contracting an illness on the job can be difficult things to deal with. Make sure you familiarize yourself with how worker’s comp works if your employer carries it. If you find yourself facing any legal issues with your employer, your lawyer will be there to help.