Texas Workers' Compensation
Workers compensation is provided to Texas workers who are injured on the job while they are performing their normal job functions. Texas workers' compensation or workman's compensation is a no-fault insurance which provides paid medical benefits, lost wage compensation and if the injured worker dies from their Texas work injury or occupational illness it pays benefits to the qualifying surviving beneficiaries.
Work injury compensation is considered a trade-off for both the Texas employee and the employer. The employer is required to purchase workman's compensation for most employees and Texas workers who are injured forfeit their legal right to file a personal injury claim against their employer if they are injured. The employer and employee both, however, eliminate the hassle and legal expense of a potential protracted legal battle and the employee receives their Texas workers' compensation benefits immediately.
The Texas workers' compensation program was adopted in 1917. This program is administered by the Texas Workers' Compensation Commission which ensures that companies comply with work comp laws and the employee receives the medical and wage loss benefits they deserve after a Texas workplace injury.
Hiring a Texas Workers' Compensation Lawyer
Some Texas workers who have minor work injuries or injuries which can be settled quite easily with their employer may not need work comp help from their Texas workman's compensation attorney. Other workers who have more serious or permanent work injuries, who have been discriminated or fired or who have been denied Texas workers' compensation may need help.
Texas work comp laws can be complicated and will vary from other state's laws. Your employer or the insurance company may be more concerned with closing the work comp case and less concerned with ensuring you get the medical benefits needed to help you recover from your Texas work injuries. Texas workers' compensation lawyers can also analyze and review workers' compensation cases which are the result of a defective product or the negligence of a third party.
Need legal help getting benefits for your Texas workers compensation case? Simply complete our free form to get started today!« Back to the Top
Work Injuries Covered Under Texas Workers' Compensation
Texas workman's compensation insurance provides benefits for most Texas workers who are injured on the job. If you have been denied workers' compensation by your employer for any of the following common Texas work injuries, contact a Texas work comp lawyer.
Texas workers' comp insurance may not provide benefits for all injuries. Workers who are injured to due intoxication, while performing actions that are meant to harm another employee or themselves, from acts of God or while the employee is engaged in a recreational, social or an athletic event may not be covered.« Back to the Top
Texas Workers' Compensation Benefits
Texas workers' compensation provides benefits similar to other states but the terminology differs. Texas workers' compensation provides medical benefits, death benefits and wage loss compensation.
Medical Benefits - Texas workers' compensation provides injured employees with all necessary and reasonable medical care related to the Texas workplace injury. Medical benefits can include: surgeries, hospital visits, dental care, podiatry, nursing services, medical supplies, laboratory services and prescribed medication.
Income Benefits - Workers' compensation in Texas includes wage loss compensation which includes: impairment income benefits, supplemental income benefits, temporary income benefits and lifetime income benefits.
Temporary Income Benefits - Temporary income benefits are paid to Texas employees who are injured at work and who are unable to earn the same wage they could earn prior to the work injury. Temporary income benefits are paid at 70% the difference between the employee's pre-injury wage and post-injury wage.
Temporary income benefits are not paid until the worker misses 8 days of work. If the worker misses 14 days or more of work they may be entitled to payment for the first 7 days of missed work.
Temporary income benefits are paid until the worker reaches their maximum medical improvement level, the worker is able to earn the same wages they could earn prior to the work injury, or the worker reaches the maximum payment duration of 104 weeks.
Impairment Income Benefits - Impairment income benefits may be paid to injured Texas workers who have reached their maxim medical improvement level but continue to have residual permanent impairments. Impairment ratings are determined by a health care provider who will evaluate a worker's condition using the using the 4th Edition of the American Medical Associations (AMA) Guides to the Evaluation of Permanent Impairment.
Supplemental Income Benefits - Supplemental income benefits are paid to injured workers who have 1) not returned to work due to their medical impairments; 2) have returned to work but are making less than 80% of their previous average weekly wage; 3) have made a an effort to find suitable employment given their current physical ability to work; 4) have not taken their work compensation impairment benefits in a lump sum payment.
Supplemental income benefits are paid at 80% of the difference between 80% of the worker's average weekly wage earned prior to their work injury and their current wages after the work injury.
Lifetime Income Benefits - Lifetime benefits may be awarded to Texas workers who have suffered severe workplace injuries which have made it impossible to work. Lifetime income benefits are paid at 75% of the worker's average weekly wage with a 3% increase each year.
Workers may be considered permanently disabled automatically if they have lost total and permanent sight in both eyes, lost both of their feet above the ankle, lost both hands above the wrist, had an injury to their spine which has permanently and completely caused both legs or arms to be paralyzed or has suffered burns over 40% of their body or other types of severe injuries.
Talk to a Texas workers' compensation lawyer if you believe you have permanent or severe work injuries and are unable to perform substantial work.
Vocational Rehabilitation Services - Texas workers' compensation provides rehabilitation and training to injured employees who are unable to return to their previous employment. Rehabilitation and training services are provided by the Texas Rehabilitation Commission and other private providers.
Texas workers who refuse rehabilitation may, under certain conditions, loss some of their work comp benefits. Vocational rehabilitation services can vary by state but may include: job counseling, job training, and job modification.
Death Benefits - Death benefits may be paid to qualifying beneficiaries or dependents of a Texas worker who dies from a work injury or occupational disease. Death benefits may include wage loss compensation up to 75% of the deceased worker's wage. Deceased workers children, dependent grandchildren can all be considered dependents. In some rare cases, parents may also be considered beneficiaries.
Death benefits may also include payment for burial expenses up to the state's maximum allowable amount.« Back to the Top
Reporting an Injury and Collecting Benefits
Employees who are injured on the job have the responsibility to notify their employer as soon as a Texas work injury occurs. Work injuries must be reported within 30 days from the date of the work injury or within 30 days from the date the workplace injury becomes apparent.
Workers who do not report their workplace injury within the specified time-frame may forfeit their rights to Texas workers' compensation benefits.
Work injury notice may be given in writing or verbally, but it must be given to the employee's supervisor or management, not a co-worker. The notice should include the employee's name, address and phone number, the date and time of the work injury date, the location the workplace injury occurred, a description of how the work injury occurred and whether or not there were any witnesses. Additional forms (the TWCC-41form) must also be filed with the employer.
For more information about Workers' Compensation in Texas you can contact the Texas Workers' Compensation Commission at the address listed below:Texas Workers' Compensation Commission
4000 South IH 35
Austin, TX 78704