Yes, your colleague is required to report the accident to the employer as quickly as possible. In many instances, a verbal report may be enough. However, if the employer also requires paperwork on the injury, make certain you fill out the forms completely and include all the details of your accident. Date the forms and note the time it was submitted.

You have the right to choose a doctor that you prefer and you should immediately see that physician to tend to your injury. This is an important step as many company doctors try to rush you back to work no matter what condition you are in.

No, workers’ compensation is not your only recourse for an injury that happens in the workplace. Although that is the general rule of thumb, there are a great many exceptions to the rule. For instance:

• If a defective product injured you, you might be able to file a product liability suit against the product manufacturer.
• If your employer intentionally caused a situation that resulted in your injuries, you can likely file a personal injury lawsuit.
• If you sustained injuries as a result of being exposed to a toxic substance, you might be able to file a toxic tort lawsuit against the maker of the toxic substance.
• If your employer does not carry workers’ compensation, you may be able to sue in civil court.
• If a third party caused your injuries, you might be able to bring a personal injury lawsuit against that individual.

Always consult with an experienced workplace injury attorney to find out how they can help you obtain compensation for injuries sustained in a workplace accident.

The reporting period may vary, depending on the state in which you live and work. In Texas, you have thirty days from the time of the illness or injury, or thirty days from the time at which you realized the illness or injury was connected with your work, whichever is later, to report the problem to your employer. For a more in-depth look at reporting requirements and workers’ compensation, visit the Texas Department of Insurance.

The short answer is not necessarily. By and large, Texas does not mandate that business owners have workers’ compensation for employees. That being said, if an employer does not have workers’ compensation for their workers, there may be other options if someone has been injured on the job. To find out what those options may be, depending on the facts and circumstances of their case, they should reach out and connect with a knowledgeable workplace accident attorney.

No, it is not usually a problem if your employer does not offer workers’ compensation, as there are some Texas employers who opt out of subscribing to it. These employers are referred to as non-subscribers.

If you have been injured on the job and negligence can be shown against the employer and on behalf of the non-subscriber employee, the law in Texas permits filing a direct lawsuit where damages can be recovered. If your employer does not carry workers compensation insurance then they are also barred from asserting many typical defenses, making your claim a bit easier. However, you will also be faced with a question of whether your employer can pay any judgment you might obtain.

Texas workers’ compensation says carriers are not liable for the following:

• A worker attempting to wilfully injure another
• An injury was caused by the worker attempting to injure him or herself
• A worker was injured by someone at work, but not an employee of the company and not on the jobsite for work-related reasons
• A worker was injured as a result of being impaired on the job
• A worker was injured by participating in something not related to her or his job responsibilities (e.g. social, athletic or volunteer event)
• A worker was injured by an “act of God” (e.g. a lightening strike or flood)
• An employee was horsing around on the job

If someone has been injured on the job, they should not assume that they are not able to seek compensation. They should speak to an experienced workers’ compensation attorney who can help them sort through the details of their case.

If your employer has workers’ comp insurance or a substitute employee benefit program, then you will typically be referred to their doctors. If you’re relying on health insurance, then you can pick your doctor within your network as usual. If you are stuck paying yourself, then you can obviously choose your own doctor.

No. Benefits are not taxed by state or federal governments. There is one exception and that is if workers’ compensation is received in place of Railroad Retirement benefits or Social Security Disability insurance.

This is a tricky question. In Texas, there are four potential answers.

First, if your employer is part of the Texas Workers’ Compensation System and carries workers’ comp insurance, then workers’ comp insurance should pay.

If your employer doesn’t carry worker’s compensation insurance (we call these non-subscribers), then your employer may have purchased or put into place an employee benefit program that pays for medical care from on-the-job injuries.

If your employer doesn’t carry workers’ comp insurance and doesn’t have a replacement policy, then your health insurance would typically be next in line. And if you don’t have health insurance, then you might get stuck paying for the bills yourself.

In Texas, workers’ compensation financial and medical benefits come under the purview of Texas law. That means benefits are given to injured workers according to the extent and type of injury. The amount of payment received is based on a formula and/or a set schedule that designates certain amounts for various injuries.

The law states that you may be paid for any/all medical expenses relating to your workplace injury, in addition to payment to make up (in part) for lost wages. There is the possibility you may get funds to train for a new position or receive future ongoing payments for a mental or physical impairment.