Find Out Your Legal Rights
Workplace accidents happen every day, with difficult consequences for workers and their families. Accidents and injuries may incur medical costs, lost wages, and other expenses. Workers’ compensation is a specific form of insurance designed to cover these costs and help workers recover and return to work. Texas workers’ compensation law is designed to provide relief to employees who have been injured while on the job. Your Texas workers’ compensation benefits should cover all of your medical and rehabilitative costs.
Although many employees enjoy the benefit of workers’ compensation when they get hurt at work, not all Texas employers carry workers’ compensation insurance, although they may still be entitled to damages. Texas workers’ compensation laws are complex, so here is an overview of what workers need to know.
All public employers in Texas must provide workers’ compensation; these include government agencies; city, county, and state employers; and public universities. In addition, building and construction contractors for public employers must provide workers’ comp for their employees, as must transportation carriers who move throughout the state.
However, Texas is the only state that does not require private employers to carry workers’ comp insurance. Private companies can choose to be “non-subscribers,” and carry their own liability insurance or insure themselves. Non-subscribing employers have additional risks, including:
If your employer does not carry workers’ compensation insurance, they must notify you and must also file an annual notice with the state.
If you have a work-related illness or injury, and your employer does not have workers’ compensation, you are still entitled to recover damages. In some cases, you may need to file a personal injury lawsuit in order to recover your medical costs and lost wages. It is best to consult with a workers’ compensation attorney, even if your employer does not carry workers’ comp, in order to understand your rights.
All work-related injuries are eligible for workers’ compensation, provided the employee was behaving safely and performing their duties as assigned. Some common types of injuries covered by workers’ compensation include:
Other common workplace injuries include hearing loss, foot problems, and cuts and lacerations.
By law, workers may be eligible for compensation from four different kinds of benefits:
Being injured at work does not automatically qualify you to file a workers’ compensation claim. In order to be eligible for a claim, your injury or illness must directly result from the “course and scope” of employment. As an example, you might have a valid workers’ compensation claim for developing carpal tunnel syndrome from typing, or for receiving a back injury while working on a ladder.
Hazardous or toxic work environments are another example of potential workers’ compensation claims. For instance, cleanroom litigation has become a prominent part of our personal injury and workers’ compensation practice. Hazardous chemicals used in the production of these chips have resulted in a high number of birth defects of children of cleanroom workers. Our law firm resides in a major center for semiconductor computer chip manufacturing, and our Texas workers’ compensation lawyers have experience in pursuing these complex claims.
Even if you are considered at fault for your injury, your workers’ compensation claim may be covered. There are, however, some exceptions: just a few examples entail being engaged in a criminal act, intoxicated, or participating in an off-duty recreational activity. Additionally, certain farm and ranch workers, casual laborers, domestic workers, and any worker covered by a method of compensation established under federal law may be exempt from receiving Texas workers’ compensation benefits.
First and foremost, if you are injured on the job, you need to report your injury to your employer as soon as it occurs—even if you think someone else already has. You can lose your rights to workers’ compensation if you do not file within the 30-day deadline, so it’s extremely important to be prompt. You do not have to file paperwork to report your injury, but you should make sure to document the day you reported your injury and to whom.
Generally, a workers’ compensation appeal must be filed within 30 days of the injury, and you must submit any first appeal within 90 days of the decision. If your employer denies your workers’ claim, you can challenge the denial through the Department of Workers Compensation. If you cannot solve the dispute through negotiation with the DWC, you can request a workers’ comp court hearing.
You should also seek prompt medical care. You will likely need to seek your medical care from a list of state-approved doctors. Even if you do not think you are seriously hurt, you will need to be seen by a professional for both your own safety and for the documentation in your case. Some injuries take time to appear, and it always looks better that you took steps immediately to care for your health.
Sometimes, workers’ compensation claims are resolved quickly and to everyone’s benefit. Other times, the insurer will fall far short of what seems fair considering the extent of your injuries. The two most common types of disputes in workers’ compensation cases are medical disputes and indemnity disputes. A medical dispute occurs where a state-approved doctor denies care that you believe you need in order to improve, such as surgery, rehabilitation, or other forms of medical treatments. A claim dispute happens when you receive notice that your benefits have been denied, or that you are being provided with insufficient benefits. In these situations, an experienced attorney who is well-versed in workers’ compensation law can help bring an effective claim against the opposing parties.
Temporary workers’ compensation benefits can be collected in Texas for 104 weeks, with a possible extension if you have or will have spinal surgery within 12 weeks prior to the deadline. If your impairment income benefits run out under Texas workers’ compensation, then you may be able to receive supplemental income benefits, providing you meet a number of qualifications.
Regardless of whether you believe you were seriously injured, any time you are injured at work, you should immediately take steps to protect yourself — even if you are unsure whether you have a claim to Texas workers’ compensation benefits. A Texas workers’ compensation lawyer can educate you about your options and how to protect your rights as you move forward with your claim.
If your workers’ compensation claim has been denied, you may feel like you are out of options. However, you can appeal a denied claim, and you should: nearly two-thirds of workers’ compensation appeals are successful and result in paid claims. If your claim has been denied, consult with a Texas workers’ compensation attorney to understand why your claim was denied and how to appeal successfully.
After you have appealed an initial denial, there are several steps to the workers’ comp dispute process, including:
Every step in the appeals process requires various forms and paperwork within strict time limits. It is critical to have a qualified Austin workers’ compensation lawyer at your side to win your case and recover your damages.
If you or someone you love has been injured in a workplace accident, our experienced Texas workers’ compensation attorneys can help. We know that injured workers often fight an uphill battle to receive the benefits they are entitled to receive by law. Contact the Law Offices of Aaron Allison at (512) 881-7855 or fill out our confidential contact form for a free initial consultation. We can help you obtain the money you need after a serious workplace accident.
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“I looked at several attorney’s for my husband’s case, and Aaron looks like he was the best one. He was the best Worker’s Comp attorney in our area of Texas. So, we called and made an appointment for an initial visit. Once we talked to him we got that he knows his job. Plus he’s very nice and very personable. We could tell that right away.”
— Mrs. Mario Caballero, Austin, Texas