Workers’ compensation insurance provides benefits to employees if they have a work-related injury or illness. Also known as workers’ compensation insurance, this coverage can help cover medical expenses for injured or ill employees.
What Is Workers’ Compensation?
Workers’ compensation is a legal remedy by which an employee who is injured on the job may be entitled to certain benefits.
Benefits may include medical care for the injury, severance pay benefits, vocational rehabilitation services, and/or death benefits. These benefits are an obligation of the employer and are paid directly to the employee by the employer or contracted workers’ compensation insurer. Every employer, unless exempted by law, is responsible for the medical care and payment of severance pay benefits to any employee who is injured during the course and scope of their employment.
Each state within the United States has its own workers’ compensation laws, which will tell us:
- The amount of benefits a worker can receive and
- The duration of benefits paid to an injured worker.
Workers’ Compensation in Texas
Unlike other states, Texas does not require an employer to carry workers’ compensation insurance. But choosing not to have coverage has its risks.
Not having insurance leaves an employer open to personal injury lawsuits from employees who are injured on the job. This means that an injured employee can sue the employer for a workplace injury or illness. Also, if you are sued, you cannot argue in court that:
- The employee’s negligence caused the injury.
- The negligence of another employee caused the injury.
- The injured employee knew of the danger and accepted it.
When Workers’ Compensation Benefits Can Be Requested in Texas
Texas law states that workers’ compensation will pay for medical treatment of injuries and illnesses as long as:
- The injury occurred at work or the illness is considered work-related.
- The worker’s employer has workers’ compensation insurance or is certified by the Texas Department of Insurance, Division of Workers’ Compensation to self-insure.
Deadlines for Texas Workers’ Compensation Claims
Employees must notify their employer within 30 days of the date they were injured. Missing this deadline could mean losing benefits.
What To Do To Claim Workers’ Compensation in Texas
- Employers must file an Employer’s First Report of Injury or Illness with the injured worker’s insurance carrier and the injured claimant within eight days of the employee’s absence from work or receiving notice of an occupational disease.
- Employees have one year to report the injury to the DWC (Division Workers Compensation).
- For occupational illnesses, employees must notify their employer within 30 days of the date they first learned their injury or illness might be work-related and file the claim with the DWC within one year of the injury or illness. of that date.
- Those seeking death and burial benefits must submit a completed Beneficiary Claim for Death Benefits (DWC-042) to DWC within one year of the employee’s date of death.
What Happens if You Miss the Deadlines for Workers’ Compensation Claims in Texas?
Failure to meet the deadlines allows the employer and the workers’ compensation insurance carrier to not pay benefits. Texas law states this quite clearly.
How an Attorney Helps Obtain Workers’ Compensation Benefits
Having a work accident attorney on your side can be vital to getting the benefits you deserve. The best time to get a workers’ compensation attorney is right away. At the time you are injured, after reporting the injury to your employer, you should call an attorney. You never know if your claim will be denied. A lawyer will advise you and fight to reach an agreement that benefits you.
Workers’ compensation and workers’ compensation attorneys can handle numerous tasks to help move your claim forward or take it to court if necessary. As usual:
- They gather all the evidence such as medical records, treatment records, second opinions from doctors, witness testimony, etc.
- They build a strong case based on the evidence collected.
- They represent you in court and during negotiations.
- They assess the damage and track the progress of your treatment.
- They put your best interests above anything else.
- They stop any potential stalling tactics used by your employer or the workers’ compensation insurance carrier.
At the Law Offices of Trujillo Sanchez, workers’ compensation attorneys will help you with your claim. Call for a free consultation right away.