The idea that workers should be compensated for work-related injuries is not a new concept. Texas’ first Worker’s Compensation law is more than 100 years old. However, you should know that each state has its laws. There are five important things to know about workers’ compensation laws in Texas.
Differences in workers’ compensation laws in Texas:
- Employers do not have to sign up for workers’ compensation. Texas is one of two states in the country where employers are not required to have their company be part of the workers’ compensation law. This means that employers can choose to buy private insurance policies to cover incidents in the workplace or choose not to have any type of insurance coverage at all. If your employer does not join workers’ compensation and you are injured on the job, to receive any compensation for your injuries and lost wages, you must hire a work injury lawyer with experience in the laws of Texas to file a personal injury lawsuit against your employer.
- You have a time limit to file a claim, and that deadline varies by state. In Texas, you have 30 days from the date of the injury or from the first day you knew your injury was related to the work you report to your employer.
- You do not have to be a citizen of the United States to receive coverage. If your employer is registered to be part of workers’ compensation, you cannot be denied payment to an injured worker due to a lack of legal documents to be in the United States.
- Texas workers’ compensation laws do not protect offshore workers and federal employees. However, they are protected under federal law. These laws have different requirements and procedures for obtaining benefits. Most injured employees are not familiar with the complexities of the state and federal workplace injury law. Therefore, if you are injured at work, you should speak with an experienced Texas personal injury lawyer about what type of coverage specifically applies to your claim and what procedures to follow when filing a claim.
- Not all Texas doctors are on the approved list to handle workers’ compensation cases. Starting in 2001, doctors who want to treat injured workers must register to do so. Doctors have certain protocols to follow if they know or suspect an injury that is related to work, so it is important to make sure that it is an authorized doctor who is treating you.
Benefits that workers in the United States have the right to
If a worker has suffered an accident, what are the benefits that this labor compensation law offers?
If you have been injured in carrying out your work, the law covers all types of accidents, whether you are responsible or not. Any type of discomfort or illness caused by the work carried out is also included.
The worker must inform the company or employer about it at the time of the accident since only then can the benefits of this compensation be accessed.
Every state has different variations on this law. However, all cover 3 important statutes:
– The total coverage of expenses caused by the accident
– Incapacity at work
– Monetary compensation for long-term damage.
Medical expenses: If you have suffered or have problems related to your current job, the company must pay full medical and surgical services provided by a doctor or health sector center. Likewise, everything related to medicines, hospital treatments, rehabilitation, psychological consultations, orthopedic devices, etc., is covered in this expense. The medical diagnosis must be made in the same state where the accident occurred since each state has its labor compensation law.
Work incapacity: The company is obliged to compensate lost income if it is determined that due to the seriousness of the accident, the employee is partially or disabled and cannot perform his daily tasks receiving partial remuneration of his salary. The period that is assigned may vary and depends entirely on the medical review. After a certain time, the company may request a review of the current diagnosis of the disabled worker.
Long-term compensation: When the worker has suffered an accident involving an injury or permanent discomfort, the company is obliged to give him economic compensation at the end of the treatment he has received. The amount depends on the severity and damage suffered by the person in the accident.
There are several variations on workers’ compensation and how it applies to each person and their case, so it is impossible to guarantee specific results or amounts on these obligations.
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