Work accidents are much more frequent than you imagine. Despite what many people think, claiming workers’ compensation in Texas is not an easy task. If you have an accident and you get hurt at work or get sick, a lot is required from you to get approved.
As a worker you must familiarize with everything you need to know if you get injured at work and need more than first aid. Texas workers compensation is insurance intended to cover the medical expenses and lost wages of employees injured by an accident suffered at work or sick as a direct result of it.
Some of the insurance cover cases of construction or work-related accidents in which workers’ comp is replaced by a personal injury claim to a third party.
Who pays for this insurance?
In Texas, employers are required to have workers’ compensation insurance even if they only have one employee. Even employers in other states need to have this coverage if they employ staff on a regular basis in Texas or if the employment contract was concluded in the state.
The amount of the weekly payment for lost wages due to temporary total disability – that is, if doctors do not let you return to work until you get better. It is two thirds of your average weekly salary during the year immediately before the accident. But it cannot exceed the legal maximum in force at the date of the injury.
Medical benefits are covered but if they exceed certain amounts, they must be previously authorized. If the accident does not allow you to return to your job in the same position as before, the employer owes and now earns less, you may receive a benefit that covers the difference.
Depending on the type of injury or in case of accidental death, you may be entitled to compensation from disability insurance, social insurance and supplementary insurance.
How workers’ compensation insurance works in Texas and frequently asked questions.
What do I do if I get injured at work? First of all make sure you get medical attention. As soon as possible, contact a lawyer to help you determine if it is a case of workers’ comp or a personal injury claim against third parties.
If it is a case of workers’ compensation insurance, within 30 days of the accident, report it to a supervisor. Otherwise, you may lose the opportunity to receive compensation for the accident suffered.
You must send a complaint by mail to the nearest office of the Texas State Workers ‘Compensation Board or Workers’ Compensation Board.
If they ask you to introduce yourself to an IME, you must go. Non-assistance may affect your claim. An IME – its Independent Medical Exam – is an independent medical exam.
Your employer may require you to undergo a medical evaluation with a professional of your choice to check your injury. Of course, have your lawyer accompany you. Return to work as soon as possible and attend all appointments.
The process to request compensation is complex. Therefore we advise to have the help of a lawyer specialized in the subject. Who has the right to receive workers ‘comp or workers’ compensation in Texas?
Most workers who have suffered an accident at work are entitled to workers compensation lawyer Fort Wayne. This compensation seeks to cover medical expenses, including transportation or other expenses when traveling to receive treatment and lost wages caused by that accident or illness.
If I am a domestic employee, am I entitled to Texas workers compensation for work-related accidents in Texas? Of course. The Workers’ Compensation Insurance Law in Texas says that anyone employed more than 40 hours per week by the same employer must have the corresponding Worker’s Comp insurance, and this includes domestic employees.
