As employees, our work is more than just a paycheck—it’s a foundation for our lives and our families. When a workplace injury disrupts that foundation, it can feel overwhelming. Whether an employer is responsible for your injury in Texas depends largely on whether they carry workers’ compensation insurance.
At The Stewart Law Firm, we recognize the hardships that workplace injuries can bring. With a proven track record in workers’ compensation and workplace injury cases, our legal team is dedicated to helping injured employees secure the compensation they need. We pride ourselves on offering compassionate care and tailored legal strategies, ensuring that you feel supported every step of the way.
In this blog, our personal injury attorneys discuss an employee’s rights and available legal options in such situations.
What Steps Can You Take After a Workplace Injury?
If you’ve experienced a workplace injury, knowing what steps to consider can help protect your rights and address your situation effectively. Here are some general actions often recommended in workplace injury cases:
- Notify Your Employer: It’s typically important to inform your supervisor or employer about the incident and ensure it’s documented. For example, under Texas Labor Code § 409.001, injuries may need to be reported within 30 days.
- Seek Medical Attention: Prompt medical care can address injuries and create a record of what occurred. Keeping records of your treatment may also be beneficial.
- Understand the Claims Process: Employers or their insurers often have specific procedures for filing workers’ compensation claims, which may include completing required forms within a certain timeframe.
If you’re uncertain about how to proceed or face difficulties with your claim, consulting a legal professional can help you better understand your rights and options. This support may prove helpful in navigating the process and pursuing a resolution.
What Are Injured Employee’s Rights in Texas?
Even in a state like Texas, which is known for its pro-business stance, injured employees have significant rights. If you’ve been injured at work, you are entitled to the following:
- A Safe Workplace: Employers are legally required to maintain reasonably safe work environments under Texas Labor Code § 411.103.
- Medical Treatment: Injured employees have the right to receive appropriate medical care.
- Wage Replacement Benefits: If your injury prevents you from working, you may be entitled to partial wage replacement.
- Protection from Retaliation: Texas Labor Code § 451.001 protects employees from being retaliated against for filing claims or reporting workplace injuries.
What Injuries Are Covered?
Workers’ compensation typically covers injuries and illnesses that occur within the scope of employment, including:
- Accidents: Falls, slips, trips, and machinery malfunctions that happen while performing job duties.
- Occupational Diseases: Illnesses caused by exposure to hazardous substances or repetitive work-related activities, such as carpal tunnel syndrome or hearing loss.
However, workers’ compensation may exclude injuries sustained outside work duties, such as during commutes or instances of horseplay.
What Benefits Can Injured Employees Receive?
If workers’ compensation covers your injury, you may be eligible for the following benefits:
- Medical Benefits: Coverage for doctor visits, hospitalization, medications, rehabilitation, and other necessary treatments.
- Income Benefits: Partial wage replacement for lost income due to your inability to work, as outlined in Texas Labor Code Chapter 408.
- Death Benefits: Financial compensation for family members in the tragic event of a workplace death.
- Burial Benefits: Payment for funeral expenses related to work-related fatalities.
To ensure that you are granted these benefits, our lawyers at The Stewart Law Firm can guide you through the claims process, handle disputes, and advocate on your behalf to secure the compensation you deserve.
What Is the Workers’ Compensation Process in Texas?
Navigating the workers’ compensation system can feel overwhelming. Here’s a simplified overview of the process:
- Report Your Injury: Notify your employer as soon as possible, ideally in writing, to ensure proper documentation.
- Seek Medical Treatment: Visit an approved healthcare provider if required by your employer’s workers’ compensation insurance.
- File a Claim: Your employer or insurer should provide the necessary forms to file your claim with the Texas Division of Workers’ Compensation.
- Receive Benefits: If your claim is approved, you will start receiving medical and income benefits. Any disputes can be addressed through the state’s dispute resolution system.
Workers’ Compensation Insurance: What Does It Mean for You?
Employers in Texas have the option to carry workers’ compensation insurance but are not required to do so. Your rights and remedies depend on whether your employer has this insurance.
If Your Employer Has Workers’ Compensation Insurance
- Exclusive Remedy: Workers’ compensation is typically the sole remedy for work-related injuries, even if the employer was negligent.
- No-Fault Coverage: Benefits are provided regardless of who caused the accident.
If Your Employer Does Not Have Workers’ Compensation Insurance
- Right to Sue: You can sue your employer for negligence to recover damages for your injuries.
- Higher Burden of Proof: You must demonstrate that your employer’s negligence directly caused your injury.
- Potential for Greater Compensation: A successful lawsuit may allow you to recover additional damages beyond workers’ compensation benefits.
How Can a Personal Injury Lawyer in Texas Help?
Workplace injuries can create significant physical, emotional, and financial burdens. Navigating the legal process while focusing on recovery can feel daunting. A personal injury law firm or lawyer can help through:
- Legal Guidance: Lawyers will help you understand your rights and the best course of action for your situation.
- Claim Representation: If your workers’ compensation claim is denied, personal injury attorneys will fight to secure the benefits you deserve.
- Pursuing Negligence Claims: For employers without workers’ compensation coverage, your legal team will help hold them accountable and seek full compensation for your injuries.
At The Stewart Law Firm, our team is committed to providing compassionate support and dedicated representation to injured workers.
Contact Our Personal Injury Attorneys at The Stewart Law Firm Today
Work-related injuries can disrupt your life, leaving you with medical expenses, lost income, and uncertainty about your future. Don’t let uncertainty and legal challenges stand in the way of your recovery.
Contact us today at (512) 326-3200 for a free consultation. We’re here to listen, answer your questions, and guide you every step of the way to help you secure the compensation you need to rebuild and move forward.
