If you or a loved one has suffered a work injury, it’s important to be familiar with work injury laws to make sure you receive fair compensation.
Texas work injury laws are unique. Unlike other states, Texas doesn’t require employers to have workers’ compensation insurance.
Instead, employers may forgo workers’ comp insurance coverage and opt to deal with work injury claims via negligence laws.
There are three main types of work injury claims under state law. This article will help you better understand the rules and regulations of work injuries in Texas. Read on!
Work Injury Claims in Texas
As mentioned above, there are three main types of work injury claims in Texas. Here they are:
Workers’ Compensation Claims
Employers in Texas have the option of using the workers’ compensation insurance system. In this case, workers who have sustained an injury can have their medical expenses covered and obtain financial compensation for lost wages.
However, employees covered by workers’ comp cannot file a lawsuit against their employers. Workers’ comp is their only legal recourse in case of an injury.
Non-Subscriber Work Injury Claims
That being said, workers’ comp isn’t mandatory in Texas. If your employer isn’t a subscriber to workers’ comp and you get injured on the job, you have a legal right to file a lawsuit against your employer.
Unlike a workers’ compensation claim, a non-subscriber injury claim is based on negligence. In other words, if your employer is deemed negligent, he may have to pay for the full cost of the injured employee’s damages.
Third-Party Liability Claims
Lastly, you always have the option of bringing a third-party liability claim whether your employer subscribes to workers’ comp or not.
In a third-party liability claim, the negligent defendant isn’t the injured worker’s employer. It may be filed against an outside contractor or an equipment manufacturer for instance.
What to Do in Case of a Texas Work Injury
If you sustain a workplace injury, there are steps to follow to ensure the best outcome for you.
Seek Medical Treatment
Whether your injury seems serious or not, you should seek medical treatment immediately. Some injuries may cause internal bleeding and put you in danger.
Prioritize your health and receiving the care you need. Furthermore, if you don’t seek medical care, the insurance may try to use it against you later on and avoid paying you.
Report the Injury
In Texas, you must report your claim for a work-related injury within 30 days of it happening.
However, you should ideally report it as soon as possible. It allows you to build a stronger case for your insurance to receive compensation later on.
Hire a Workers’ Compensation Lawyer
If you got injured at work or need to handle an accident, you will require the help of a lawyer familiar with work injury law to get the full compensation you are owed.
A lawyer will file all the paperwork and take care of the legal aspects for you to present the strongest case possible.
Essential Work Injury Laws
It’s important to be familiar with work injury laws so you don’t get the short end of the stick when comes time to get paid.
There are three basic types of work injury claims in Texas: workers’ comp, non-subscriber, and third-party liability.
If you get injured, get medical help, report your injury, and hire a lawyer as soon as possible. The longer you wait, the less chance you have of getting fair compensation.
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