Are you seeking assistance with worker’s compensation in Houston, TX? There are strict regulations about workers’ compensation (“comp”) in Texas, specifically how much money you can get from it, what kind of injuries are covered by it, how to file for it, and more. We’ve put together the key things to know about workers’ comp.
Consult Work Accident Injury Lawyers: 7 Must-Knows of Worker’s Comp in Houston, TX
1. What Is Workers’ Comp?
Workers’ comp is a system in the United States that provides benefits to employees who are injured or become ill as a result of their job. It’s a form of insurance. These benefits are usually paid for by the employer’s workers’ comp insurance provider. Employers pay premiums to their state workers’ comp insurance board in exchange for coverage under the state-sponsored program. Premiums vary, often based on a variety of factors including industry type and the number of employees. The premium pays for all claims made during the policy period.
2. Are Texan-Based Employers Required to Provide Workers’ Comp?
In Texas, employers are not required to provide workers’ comp to their employees, but if they do, the benefits are mandatory. If an employee subscribes to workers’ comp, there are limits on the amount and type of compensation that might be received. Texas law sets these limits.
3. Under What Conditions Is Workers’ Comp Available?
Workers’ comp is typically available regardless of whether the injury or illness was deliberate or accidental. However, if the injury was intentional, workers’ comp benefits may not be awarded.
4. What Are the Benefits Provided By Workers’ Comp?
The benefits provided by workers’ comp can help employees get back on their feet after an injury or illness. Benefits can include medical expenses, income replacement, and death benefits. Income benefits might include temporary replacement income, impairment income if your body is affected and you cannot perform all duties of your job, supplemental income when your impairment income runs out, and lifetime income for permanent injury.
5. Who Is Covered By Workers’ Comp?
Workers, students, apprentices, and volunteers who are injured on the job while working for an employer within the state of Texas. A company that regularly employs one or more employees is required to carry workers’ comp insurance in order to protect their workers. It is mandated by the state.
6. What Is Not Covered By Workers’ Comp?
Self-employed individuals and corporate officers are not required to carry workers’ comp insurance. Essential government employees, such as firefighters, police officers, and prison guards are also exempt from this requirement. Workplace injuries that result from intoxication or an intentional injury may not be covered by the Texas Workers’ Compensation Act.
7. How Do You File a Claim for Workers’ Comp?
The process of filing a claim for workers’ comp can be complicated, so it’s important to speak with an attorney if you have any questions. There are many reputable work accident injury lawyers in Houston, TX to guide you through this process.
90 Days to File
First, when you are injured on the job in Texas, you must file your claim with your employer within 90 days or you may forfeit your right to benefits. The 90-day requirement does not apply if you are unable to file due to medical treatment, but there must be evidence that you tried to file within the 90-day period.
Provide the Necessary Information
Your employer can ask for more information about your injury if they think the information you have provided is insufficient. It may be necessary to provide additional medical records or other evidence so that your claim can be approved.
Award Decision
After receiving your workers’ comp claim, the insurance company will send notice of their decision to allow or deny your injury benefits. If it is determined that you are entitled to receive benefits, the insurance company will send written notice of the award to your employer. Once your employer receives the benefits award, they are required to forward it to you.
Filing an Appeal
You can file an appeal if your claim is denied by your employer or the insurance company in whole or in part. An appeal must be filed within 60 days after receiving notice of denial. If your claim is denied after the appeal period expires, you forfeit your right to benefits. Workers’ comp is insurance that can protect you when you’re injured on the job or become ill. Although it’s not required to be provided by Texas employers, it might be worth the cost depending on your work environment. Understanding all the ins and outs of workers’ comp can be daunting. Filing a claim can be very complicated – it’s important to consult an attorney if you ever need to use this type of insurance.
