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In Texas, if your company offers workers’ compensation and you are injured at your workplace, there are a broad range of personal injuries that are covered. These injuries include but are not limited to, repetitive stress injuries, back and neck injuries, head, knee, shoulder and wrist injuries. In short, any work injury or industrial disease is covered by workers’ compensation if you are injured or fall ill.
Texas is not like other states, as it does not mandate that an employer needs to have workers’ compensation coverage. Those companies that do not offer coverage are leaving themselves open to personal injury lawsuits from their injured employees. Since workers’ compensation is such a complex area of the law, it is best to consult with an experienced workplace injury attorney to find out what your options are if you have been hurt in a workplace accident.
Texas workers’ compensation covers a broad array of personal injuries. This can include head trauma, back injuries, repetitive stress injuries, neck injuries, broken bones, shoulder and knee injuries as well illnesses that resulted from exposure to a toxic substance such as infectious diseases, like COVID-19 and other issues. If your injury is work-related, it is typically covered.
However, workers’ compensation does not usually cover self-inflicted injuries, psychiatric or stress related disorders, injuries sustained while committing a crime or while under the influence of alcohol and/or drugs, or if the injuries happened while the worker was in violation of company policies. Additionally, workers’ compensation does not cover injuries that develop because of horseplay or fighting.
If you had an injury or existing medical condition before you got a job, you may not qualify for workers’ compensation unless the injury or condition was aggravated or accelerated on the job. If an accident does happen at work, the worker needs to report the incident as soon as possible as time is of the essence in filing a claim. If there is a delay in filing, the insurance company can potentially deny benefits. Also, any delays may give the impression that the claim is not legitimate.
If you are unable to work because you are infected with COVID-19 or you were exposed to it on the job, you may be eligible for temporary disability benefits.
Whether or not you are eligible depends on your specific circumstances and which state you live in. Generally, you would need to be able to show that you were exposed to COVID-19 while you were working and that your job created a special risk of being exposed as compared to the risk for the public.
Schuelke Law does not handle workers’ compensation cases, but we are able to refer you to attorneys who do work in this area on a regular basis. However, if your employer does not have workers’ compensation insurance, you may file a normal civil claim. Our office can help you with those claims.
You have the right to take a number of actions, not all of which are listed here. As a worker, you can:
“OSHA” stands for Occupational Safety and Health Administration. OSHA was brought into being to ensure, as much as possible, that working people across the nation are safe at work. For OSHA standards and regulations, see Title 29 of the Code of Federal Regulations (CFR), Parts 1902- 1990. Some states also have occupational safety laws and run federally approved state plans.
Yes, the date of the injury is counted. If a worker loses time from the job on the date of the injury, that time should be counted when determining the number of days lost from work. For example, if a worker lost a half-day on the day he or she was injured and then the next day, he or she would be deemed to have missed two days of work.
It is important to note that time lost from work does not need to be consecutive.
Texas-based companies often do not offer workers’ compensation. Companies that do this are known as “non-subscribers.” A workplace accident at one of these types of companies means that the injured party does not receive workers’ compensation.
A workplace accident at a non-subscriber company does not necessarily mean that the injured party cannot receive any compensation for their injuries. Frequently, employers without workers’ compensation are left wide open to personal injury lawsuits from injured workers.
Personal injury cases are different from workers’ compensation claims. Injured workers can recover a high amount of damages in personal injury cases. Personal injury cases are also problematic for employers. Often, defenses like – contributory negligence, co-worker negligence and assumption of risk – are not available to a defendant company that is a non-subscriber.
To learn more about personal injury claims, contact Schuelke Law for more information.
First, report your injury to your employer as soon as possible. Usually a verbal report is good enough, but if you can, write out a short note, ensure you have a copy of it, and hand it in. That note may come in handy later. Once you have reported your injury, get medical assistance from a doctor you choose –that is your right. Some employers have company physicians that try to get workers back to work too soon.
Workers may sustain any number of work-related injuries or injuries on-the-job that include paralysis, broken bones, traumatic brain injuries, burns, back/neck trauma and bruises. When you have been injured on-the-job, you need legal counsel to protect you from predatory insurance adjusters and unscrupulous owners.
Often employers will immediately deny any form of liability, try to settle the matter under the workers’ compensation plan or offer a low settlement. While the settlement may be an appealing offer, often the amount offered does not cover lost wages, medical expenses and other bills.
Common injury costs include:
Some of the more frequently violated standards in a construction workplace relate to owners being mandated to make certain working surfaces have the integrity and strength to support workers. Owners and operators must also ensure that no one works on those surfaces unless they have been tested and proven adequate, and must make certain every employee is protected from falling to lower levels by a personal fall arrest system or guardrail system.
Additionally, employers must ensure every working surface with an unprotected side or edge six feet or higher must be protected from falling hazards by personal fall arrest systems, guardrails or safety nets.
What you receive for medical benefits and any monetary awards are dictated by Texas law. In other words, depending on the nature and extent of your injury, what you would receive may be calculated according to a formula or from a schedule. The law also approves payment of any/all medical bills relating to your injury and, additionally, payment to, in part, to make up for lost wages due to your injury.
Additionally, you may be eligible for funds to help you train for a new job and/or to future payments if you have been mentally or physically impaired.