workers' compensation law Archives - Farrah Martinez, PLLC

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.

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.

Free consultation: (713) 853-9296

Tag Archive for: workers’ compensation law

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