Workers Comp and Employees of Nonsubscribing Health Care Providers

Our Austin Injury Attorney Represents Victims of Injuries On the Job

When we consider employees in need of workers compensation, we often think about those who handle machinery or heavy equipment that can cause harm if the work environment is unsafe. However, health care provider employees suffer a large percentage of work-related injuries in the state, and they need the assistance of workers compensation. Because employers in Texas are not required to subscribe to workers compensation, many hospitals and other health care provider employees do not receive these benefits if they suffer injuries on the job.

How Health Care Employees Can Receive Benefits

Some of those health care providers that do not provide workers compensation to their employees may offer an alternative general liability or indemnity insurance, but according to Texas law, this type of insurance does not prevent employees from suing their employers.

According to a Texas Supreme Court ruling, when both employees and third parties sue health care providers, their claims fall under the Texas Medical Liability Act (TMLA). Texas Civil Practice & Remedies Code defines a “claimant” as anyone seeking compensation for a health care liability claim. This broad definition indicates that TMLA applies to patients and non-patients, such as employees, who file health care liability claims. The definition of a health care liability claim is similarly broad and encompasses cases filed by health care provider employees.

This makes filing a claim for on the job injury benefits significantly different for a hospital employee compared to other professions. One of the most important consequences of this law is that it requires claimants to procure expert testimonies when they sue health care providers based on safety procedures or standards of care, just like alleged victims of medical malpractice.

Third party claims for health care employees may be similarly difficult because independent contractors and agents of health care providers also fall under TMLA.

Ensure You Receive Compensation for an Injury on the Job

For employees of health care providers, receiving benefits for injuries sustained at work can be complicated. Our job is to handle complex legal issues for victims of injury so they can receive the benefits they need to recover. Texas health care workers can rely on the Austin injury lawyer at The Law Offices of Aaron Allison to seek compensation for injuries suffered at work. Contact our Austin workers comp lawyer to find out if a legal claim is right for you.



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