While Texas employers can obtain workers’ compensation benefits, they are not required to. Fortunately, there is a penalty for failing to provide workers’ compensation in that even if your employer is 1% at fault for your injuries, they are liable for all damages.
What is Workers Compensation?
Workers’ compensation, also called workmans’ comp, is a benefit provided by employers which pays for hospital and medical expenses necessary to diagnose and treat injuries that employees suffer while on the job. In addition, workers’ compensation provided disability payments while you are unable to work. This is usually paid out at about two-thirds your regular salary.
Other items workers’ compensation may cove rare rehabilitation, retraining, and medication.
What Injuries Does Workers’ Compensation Cover?
While workers’ compensation does cover most injuries, even those caused by the employee’s negligence, it is important to note that there are exclusions. For example, injuries that occur while an employee is intoxicated or under the influence of illegal drugs are not covered by workers’ compensation.
Other instances in which workers’ compensation may not imply include:
- Self-inflicted injuries
- Injuries suffered while an employee is committing a crime
- Injuries sustained by an employee while not on a job
- Injuries suffered by an employee acting in a manner that violates company policy.
What Should I Do If My Employer Denies My Claim?
If you have been injured on the job and were denied workers’ compensation, contact you employer or its workers compensation insurance to make sure all necessary paperwork was received and reviewed. If the denial still refuses your claim you may want to appeal the claim.
Another option is to contact a workers’ comp attorney. Talking to an attorney can help determine whether an appeal is in your best interests or if another course of action is preferable.
What If My Employer Does Not Offer Workers’ Compensation?
If you were injured on the job and your employer does not offer workers’ compensation, your best option is to contact a personal injury attorney.
Texas law states that if an employer fails to provide workers’ compensation, they are liable for all damages sustained by the employee even if they are only determined to be 1% responsible for causing the employee’s injuries.
Do not speak to your employer about your accident, injuries, or potential settlements without contacting an attorney first.
Contact an Experienced Workplace Accident Attorney
Thomas J. Henry Injury Attorneys fight to protect the rights of workplace injury victims. If you or someone you love has been injured or killed on the job, contact Thomas J. Henry Injury Attorneys. The goal of our offices is to not only protect your rights, but to send a message so the same tragedy does not happen again. We represent clients/victims all over the country.