The idea that workers should be compensated for work-related injuries is not a new concept. The first Workers Comp law is over 100 years old. However, it would be a mistake to assume that the laws are the same in every state. There are five important things to know about workers compensation laws in Texas.
How Texas Workers Comp Is Different:
- Employers do not have to subscribe to workers compensation. Texas is one of only two states where workers compensation is not mandatory for employers. This means that employers can elect to purchase private insurance policies to cover on-the-job incidents, or choose not to have any insurance coverage at all. If your employer does not subscribe to workers compensation and you are injured on the job, in order to be compensated for your injuries and lost wages, you should hire an experienced Texas workplace accident lawyer to file a personal injury lawsuit against your employer.
- You have a limited amount of time to file a claim. The time within which an injured worker has to report their injury 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 work-related to report it to your employer.
- You don’t have to be a U.S. citizen to receive coverage. If your employer subscribes to workers compensation, it cannot deny payment to an injured worker due to lack of citizenship, which is important because workplace accidents disproportionately affect hispanic workers.
- Offshore workers and federal employees are not protected under Texas workers compensation laws; however, they are protected under federal law. These laws have different requirements and procedures for obtaining benefits. Most injured employees are unfamiliar with the intricacies of state and federal workplace injury law. Therefore, if you are injured on the job, you should speak with an experienced Texas personal injury attorney about what coverage specifically applies to your claim and what procedures to follow when filing a claim.
- Not all Texas doctors are on the approved physician list for Texas workers compensation. As of 2001, physicians who want to treat injured workers must register to do so. Physicians have certain protocols to follow if they know or suspect an injury was work-related, so it is important to make sure an approved physician is treating you.
Texas Workplace Accident Attorneys
If you find the workers compensation insurance system to be confusing, know that you have the legal right to have an attorney help you with your claim. If you or someone you know was injured at the workplace, the attorneys at Adame Garza can help. We have extensive experience fighting for workers rights and getting the compensation our clients deserve. Contact us today to review your case.