One unique aspect of Texas law is that employers are not required to provide workers’ compensation insurance. If you get hurt while performing your job, the rights you have depend on whether your employer carries workers’ compensation or not. Here’s a quick explanation from a workplace injury lawyer in Houston of your rights if you’re injured at work in Texas.
What Are My Rights if I’m Injured at Work in Texas? A Workplace Injury Lawyer in Houston Explains
Your Rights with Workers’ Compensation Insurance
Right to Medical Treatment and Care
If your employer carries workers’ compensation insurance, you have the right to receive medical treatment at no cost to you. This includes necessary medical services like hospital stays, surgeries, and ongoing treatment such as physical therapy or medication. Under Texas law, your employer’s insurance provider should also cover follow-up care, including rehabilitation and any further treatment recommended by your doctor.
Filing a workers’ compensation claim in Texas requires notifying your employer of your injury within 30 days of the accident. After that, you have up to one year to file your claim with the Texas Division of Workers’ Compensation. Once you’ve filed, your employer’s insurance carrier will investigate your claim and decide whether to approve or deny your benefits.
Right to Compensation for Lost Wages
If your injury prevents you from working, you may be entitled to receive temporary income benefits (TIBs). These benefits amount to a percentage of your average weekly wage.
In cases where your injury leads to permanent disability, you may qualify for impairment income benefits (IIBs), which provide compensation based on the severity of your condition. This is often calculated through an impairment rating given by your doctor. In some situations, workers may also be eligible for supplemental income benefits (SIBs) if they have long-term limitations that reduce their earning potential.
Your Rights With No Workers’ Compensation Insurance
If your employer does not subscribe to workers’ compensation insurance, you have the right to file a lawsuit against your employer for negligence. In a personal injury lawsuit, you can seek compensation to recover medical expenses and lost wages, as well as pain and suffering, something not covered by workers’ comp. You may also have grounds to sue third parties, such as equipment manufacturers or contractors, if they contributed to your injury.
The Right to Sue Your Employer
If your employer does not subscribe to workers’ compensation insurance, you have the right to file a claim against your employer. However, if your employer does have workers’ compensation, Texas law typically prohibits workers from suing their employers, although if a workplace accident results in a fatality, you might be able to sue your employer for gross negligence or wrongful death, even if they carry workers’ compensation insurance. Click here to find out more.
The Right to Return to Work
Your right to return to work is protected under Texas law, meaning your employer cannot terminate you simply because you were injured on the job. If you are able to return to work in a limited capacity, your employer must provide reasonable accommodations, such as modified duties or adjusted hours. Should your injury prevent you from returning to your previous job, vocational rehabilitation services may be available to help you find suitable work in a different field.
For more guidance on your rights if you’re injured on the job, consult an attorney for help.
