by Texas Christian injury lawyer, Tim O’Hare
If you’ve been injured at work, don’t assume your employer carries workers’ compensation coverage. Unlike other states which often require businesses to hold workers’ compensation insurance, it is not mandated under Texas law.
It’s important that you know your rights and the laws surrounding work-related injuries and workers’ compensation in Texas. Here’s what you need to know.
Your Employer Does Carry Workers’ Compensation Coverage
Workers’ compensation insurance limits the amount and type of compensation an injured employee may receive. The three main types of benefits under workers’ compensation coverage include: medical, income and death benefits.
Under workers’ compensation law, any illness or injury sustained in the course and scope of employment is covered, without regard to fault. However, injury sustained as the result of willful criminal acts, self-injury, horseplay, intoxication, voluntary participation in an off-duty activity or acts of God are not covered.
If your employer does carry workers’ compensation insurance and you are injured at work, you must file an injury report with your employer within 30 days of the injury. Do not provide a recorded statement of any kind to your employer without first seeking legal consultation and do not attempt to settle your injury case without an attorney working on your behalf.
Your Employer Does Not Carry Workers’ Compensation Coverage
If your employer does not carry workers’ compensation insurance, or if you are not eligible for workers’ comp benefits, you have the right to pursue a personal injury claim or lawsuit. A claim or suit will only be successful if the employer was negligent. Depending on the circumstances and the nature of your work injury, you may be entitled to money for medical bills, pain, emotional trauma, lost wages, deterioration of quality of live and the reduction of your future earning potential.
Accidents in the workplace can result in a wide range of minor to serious injuries. If you have been injured at work, let our experienced attorneys advise you. While we don’t handle strictly workers’ compensation cases, sometimes you can pursue a claim against a third party, even if your employer does have workers’ comp. It is best to consult with an attorney who can provide you with your options. If we do represent you, we can refer you to quality medical care if you don’t have your own doctor or can’t afford co-pays or your deductible. We will fight aggressively for you and work with you to help you recover what you are due. Contact us today to learn more about job injuries. We handle construction cases, brain injuries, spinal cord injuries, burns, electrocutions, and many other on-the-job Injury related cases.
Call The Law Offices of Tim O’Hare for your FREE Case Evaluation
972-960-0000 or Toll-Free 888-960-0020