It’s all About Workers’ Compensation. What Every Texas Employee Should Know (Part 2)


9. An injured employee must file an injury report with their employer within 30 days of the injury.  If the injury is not obvious, the employee has 30 days from when the employee should have known about the injury.

10. There are three main types of benefits: medical benefits, income benefits, and death benefits – each type is defined by law and the law limits the amount you can recover.

11. In Texas, the law places a heavy emphasis on return-to-work programs that encourage employees to return to work in some useful capacity.  However, prematurely returning to work can exacerbate the employee’s injury or illness if the employee has not had adequate time to recover and heal.

12. An employee’s refusal of light-duty work can stop the payment of workers’ compensation benefits.

13. A job related injury can involve other laws as well, such as the FMLA and the ADA.  In circumstances, where multiple laws apply, the law that provides the greatest protection to the employee should be applied.

14. The workers’ compensation law prohibits discrimination or retaliatory action against employees who have filed workers’ compensation claims.  An employee may not be fired for filing a claim or for hiring a lawyer.

15. An employer is not required to allow an employee on workers’ compensation leave to continue to accrue leave time, sick time or other benefits.  Your employer is required to treat you the same as any other employee that is on leave.

16. An employee may also lose health benefits or be required to pay weekly or monthly payments to cover the cost of the portion that is normally deducted from the paycheck.  Paying this portion is much cheaper than COBRA.  However, if health benefits are lost while on workers’ compensation leave, COBRA is an option.

17. If an employee files a workers’ compensation claim and later files an unemployment claim, the employee will be disqualified from unemployment benefits unless the workers’ compensation benefits are for a permanent or partial disability which is an impairment income benefit.  The employer can use this information against you in response to the unemployment claim.  Remember to obtain unemployment, you must be physically able to work, actively looking for work but unable to find employment.

If you have been seriously injured at work, contact Injury and Accident Lawyer Farrah Martinez at (713) 853-9296 to ensure you are getting all the benefits you deserve. Consultation are free.

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 an attorney.  If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


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