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What are the Workers’ Compensation Laws for Employers in Texas?

Posted By Aguirre Law | October 31 2019 | Firm News

Unlike most other states, employers in Texas are not required by law to have workers’ compensation insurance. However, despite the fact that it is not mandated by the state, workers’ compensation insurance is still an attractive option for most businesses due to the many important protections it provides for employers and employees in the aftermath of a work-related illness or injury.

Understanding Texas Workers’ Compensation Laws

Although, for the most part, employers are not required to have workers’ compensation insurance, there are exceptions to every rule.

Below are some of the employers and industries that must have workers’ compensation insurance in Texas:

  • Public employers (counties, cities, and state agencies)
  • Motor carriers
  • State universities
  • Construction and building contractors for public employers
  • Motorbus companies
  • Employers of inmates working in furlough programs
  • Compressed natural gas and liquid propane gas dealers

The premium on workers’ compensation insurance can be quite high in dangerous industries, which is why some might choose not to protect their employees. We will discuss what injured employees can do when their employers fail to adequately protect them.

What Should I Do After Being Injured On-the-Job?

If you sustain an injury while performing your job duties, and your employer does not have workers’ compensation insurance, you have the right to sue your employer for damages. However, much like any other personal injury case, you will have to prove fault. Although workers’ compensation benefits cover all injury-related medical costs, they only cover a portion of your lost wages. Additionally, workers’ compensation insurance does not cover pain and suffering. You cannot file a personal injury lawsuit against your employer if they carry workers’ compensation insurance.

Regardless if your employer has workers’ compensation insurance or not, you must notify your supervisor of your work-related illness or injury as soon as possible. If your employer has workers’ compensation insurance, you must see a doctor from a list of approved healthcare providers. After receiving notification of your injury or illness, your employer must send a First Report of Injury to their insurance provider.

Just because you have a valid claim, does not mean your employer will make this process easy for you. It is not uncommon for employers or their insurance companies to deny or challenge a claim, which is why it is crucial to hire skilled legal assistance. Make sure you carefully document your injury and all records related to your treatment and care.

Discuss Your Case with an Experienced Workers’ Compensation Attorney

Being injured at work is a difficult experience that can become even more stressful when your employer does not provide the protections necessary for you to recover and return to work. At The Aguirre Law Firm, PLLC, our workers’ compensation attorneys will fight tirelessly on your behalf to ensure you receive the benefits or compensation you deserve. With over two decades of experience on our side, you can trust that our team will provide fierce legal advocacy that will make a difference in your case.

Contact our law firm today at (210) 922-0808 to schedule a consultation with a member of our team. We are available 24/7 to take your call!

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