Texas Workers Compensation
Whether you work in a warehouse or an office, out in the field or in a retail environment, there is always a risk that you may be hurt on the job or develop an occupational illness. Some employees in Texas may be covered by workers' compensation insurance, which helps cover the costs stemming from a work-related accident. If you're not covered by workers' comp insurance, you may have to file a personal injury lawsuit against your employer. Talk to a workers' compensation attorney or personal injury lawyer for help understanding whether you're entitled to compensation and how you can obtain it.
Workers' Comp Basics
In many states, employers are required to purchase workers' compensation insurance for all employees. Under Texas laws, however, most employers can choose whether to provide workers' comp insurance.
If you have suffered an injury on the job or been diagnosed with an occupational disease, ask your employer if you're covered by workers' compensation insurance. If you're healthy, but concerned about your health and safety, you can also ask your employer about coverage.
If you have been injured on the job and are covered by workers' comp, you may be entitled to certain insurance benefits. These benefits include:
- Income benefits to replace lost wages
- Medical benefits for treating your injury or disease
If a loved one has died in a work-related accident or of an occupational disease, then family members may also be entitled to:
- Burial benefits
- Death benefits
According to the Texas Office of Injured Employee Counsel, you may not be eligible for benefits if you:
- Were injured while intoxicated
- Were injured as a result of an act of God
- Were injured as a result of horseplay
- Were injured by someone else for personal reasons
- Injured yourself deliberately or injured yourself while trying to injure someone else
- Were injured while participating in voluntary social or recreational activities while off work
If you receive workers' compensation benefits following an injury, you cannot sue your employer for additional compensation in connection with your injury. If your job is not covered by workers' compensation insurance, you may have to file a personal injury lawsuit against your employer to collect compensation for your injury or disease.
Filing for Workers' Compensation Benefits
Employees covered by workers' comp insurance who are injured while at work or who develop a job-related occupational disease should:
- Notify their employer within 30 days of the injury or disease diagnosis
- Complete form DWC041: Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease and file it with the Texas Division of Workers' Compensation within one year
- Contact your workers' compensation insurance company to find out if your claim is in-network
- Pick a doctor to treat you