I was Hurt on the Job. Do I Qualify for Workers’ Compensation?


What is Workers’ Compensation?

Workers’ Compensation Insurance, often referred to as workers’ comp, is a form of insurance coverage maintained by employers to provide medical and wage assistance to employees hurt as a result of performing their job.

I was hurt while at work. Do I qualify for workers’ compensation?

It depends.  In Texas, employers are not required to carry workers’ compensation insurance.  So, the first step is to find out if your employer carries workers’ compensation insurance coverage for employees.  Next, it depends on if your injury qualifies as a “compensable injury”.

Farrah I am not a lawyer, what is a compensable injury?

A compensable injury is a legal term.  In Texas, it is defined by law as an injury that arises out of and in the course and scope of employment for which compensation is payable under the Workers’ Compensation Act.  Simply put, the injury occurred as a result you performing your job.

I love my job; but, I was seriously injured at work and I need medical treatment. Can my employer fire me for filing a workers’ compensation claim?

You are not alone.  According to the Texas Department of Insurance, each year tens of thousands of employees file workers’ compensation claims. By law, an employer is not allowed to fire an employee that files a workers’ compensation claim in good faith.

The Texas Workers’ Compensation Act says you have the right to the following:

  • You may receive benefits for job related injuries if the injury was not the result of intoxication, an act of God, a planned accident, horseplay, off duty work, or a personal attack
  • You have the right to seek medical attention from the doctor of your choice either from an approved list or a doctor within the healthcare network
  • You have the right to keep your workers’ comp claim confidential
  • You have the right to hire a lawyer.

The Texas Workers’ Compensation Act also places responsibilities on an injured employee.  If you have been injured, you must:

  • Report the injury in 30 days.
  • Visit a doctor and explain your injuries or illness and tell you doctor the injury or illness is work related.
  • File a claim with the Division of Workers’ Compensation within one year of your accident.

If you have suffered a work-related injury or illness, contact Farrah Martinez at (713) 853-9296, Houston Personal Injury and Accident Attorney for a free consultation and review of your work-related injury.

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of a workers compensation lawyer. If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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