It’s All about Workers’ Compensation. What Every Texas Employee Should Know if They Have Been Injured at Work. Part One.
- Texas does not require an employer to provide workers’ compensation coverage. In a majority of states, it is required. In Texas, it is optional.
- Workers’ compensation insurance puts a limit on the amount and type of compensation that an injured employee may receive – the limits are set in the law.
- An employer that chooses not to carry workers compensation insurance is left open to personal injury lawsuits by its employees who are injured on the job.
- At the time of hire, an employer is required to tell if the employer maintains workers compensation insurance and the employer must post signs throughout the workplace visible to all of its employees.
- An employer must also notify each new employee that they have five days to waive their right to workers’ compensation benefits and retain their common-law right to sue the employer for a work-related injury. The notice must also tell the employee if the choose to waiver workers’ compensation, the employee forfeits their right to receive medical or income benefits under the workers’ compensation law.
- An employer that terminates its workers’ compensation coverage, must immediately notify all of its employees and the Workers’ Compensation Division of the Texas Department of Insurance.
- In Texas, the workers’ compensation law covers an injury or illness regardless of fault, as long as the injury was sustained during the course and scope of employment.
- The worker’s compensation law does not cover injuries if they were the result of horseplay, willful criminal acts or self-injury, intoxication from drugs or alcohol, acts of God, voluntary participation in an off-duty recreational activity, a third party’s criminal act if directed against the employee for a personal reason unrelated to the work, or acts of God.
Workers’ Compensation is a complex area of law. This is part one of a two part series. So, stay turned to learn more about workers’ compensation. If you have been injured while at work, contact Farrah Martinez, Workers’ Compensation Lawyer who will aggressively protect your rights and seek the benefits you deserve.
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.