Does Workers Comp Cover All Work Injuries in Texas?
Austin Workers Compensation Attorney Explains What Workplace Accidents Qualify
Workers compensation covers any injury or condition that is “work-related.” With only a few exceptions, this includes any injury you sustain on the premises of your place of employment. Additionally, workers comp covers accidents on business trips, at client meetings and even holiday parties. However, Texas does not require all companies to purchase workers compensation insurance. Therefore, if your employer is a non subscriber or has no workers comp insurance, you may file a personal injury lawsuit to recover these damages.
Workers compensation law is complex, especially in Texas. As a result, only four law firms in central Texas handle work injury claims, including The Law Offices of Aaron Allison. Austin workers compensation attorney Aaron Allison has a record of successful claims against companies large and small. If you were hurt on the job, contact our law firm today.
What Workplace Accidents and Injuries are Covered by Workers Comp?
Workers compensation, if your employer carries it, will cover all work-related accidents and injuries, regardless of fault. This means that your employer should cover the cost of your medical bills and a portion of your lost wages if you are hurt on the job, even if the accident was your fault. Some of the most common workplace accidents that are grounds for a workers comp claim include:
- Accidents on the premises of your workplace. Workers compensation covers any accident that occurs while you are at work and on the job.
- Business trip accidents. If you travel for your job, any accident that happens on the trip is potentially grounds for a workers comp claim. Most commonly, these kinds of claims are for car accident injuries. However, this does not include your commute to and from work unless you use a company car.
- Accidents at company events. If your employer sponsors a function, workers compensation may cover an injury you sustain at the event. This includes holiday parties, client meetings, company picnics and even sporting events.
- Preexisting conditions. While you typically cannot file a workers comp claims for a preexisting condition itself, you can potentially collect compensation if your condition worsens as a result of your work.
- Occupational diseases. Sometimes, a work injury develops slowly and not as the result of a single accident, such as carpal tunnel syndrome or even hearing loss. However, you can still usually file a workers com claim for these injuries.
- Work-related illnesses. If you develop a disease or illness due to your work environment, you can file for workers comp.
When Might Workers Comp Not Cover My Work Injury?
While workers compensation covers most workplace accidents, there are some instances where you likely cannot file a claim. These include:
- Car accidents while commuting. Driving to and from your workplace is not considered within the scope of your employment by workers compensation law. Therefore, you cannot file a claim for any car crash injuries you sustain while commuting. However, this may be different if you drive a company car.
- Some injuries sustained on breaks. Whether you can file a claim for an injury sustained at lunch or on a break depends on the circumstances. If you were on company property or doing something work-related, like running an errand, you can usually collect workers comp. However, if you went out for lunch with a friend and slipped at the restaurant, you probably will not receive benefits.
- Injuries sustained while fighting or intoxicated. You may be able to collect workers comp benefits if you sustain injuries from an assault at work. However, if you start a fight or sustain injuries as a result of intoxication with drugs or alcohol, you likely do not have a claim.
It is rare that a work injury is not covered by workers compensation. However, your employer or the insurance company may try to deny your claim anyway. Workers compensation law is confusing, and many employees may not know what benefits the deserve. For this reason, you should consult a Texas workers compensation attorney before filing a claim, or if your employer denies your benefits.
If your employer does not have Texas workers comp insurance, our law firm can still help you get compensation for your work injury. You may file a personal injury lawsuit instead of a workers comp claim to recover damages.
Hurt on the Job? Contact Our Austin Workers Compensation Attorney Today
If your employer carries workers compensation insurance, you should be able to collect benefits if you are hurt on the job. However, it is still often difficult to get a fair settlement from this type of claim. Therefore, if you sustain a work injury, contact Austin workers compensation attorney Aaron Allison.
The Law Offices of Aaron Allison is one of only four law firms that handle workers compensation cases in central Texas. We offer free initial consultations and contingency fee arrangements. Call now or contact us online to find out how we can help with your claim.