If you've been injured on the job, workers' compensation benefits may be available to help offset the financial costs associated with your injury. These benefits can include cash payments to cover lost wages, medical care related to your injury, vocational rehabilitation services, and death or dependency benefits for a spouse or minor children. Texas is one of the few states that doesn't require employers to carry workers' compensation insurance; however, if they do carry coverage, they must provide these benefits in exchange for their employees' acceptance of their negligence in causing injuries on the job.
The following provides an overview of Texas workers' compensation law:
Cash Benefits for Lost Wages
In Texas, workers’ compensation benefits are limited compared to other states. The injured worker may recover certain lost wages, but only if they have more than 75% of the average weekly wage of loss of earnings per week (the exact amount will depend on the nature of their injury).
Medical Care
In Texas, all workers' compensation medical care must be provided by a doctor who is approved by the employer and paid for by the employer. However, if a third party is responsible for your injuries, workers’ compensation coverage may not pay for your medical care. You will need to hire an attorney for a consultation to determine if you may bring a negligence lawsuit against the third party for your injuries.
If you received treatment from any doctors within 14 days of the date of injury, then you might have to pay back part or all of what was paid out on behalf of worker's compensation insurance carriers. This is because some insurance carriers require pre-certification before they will pay out any money. If there was no pre-certification required or a mistake was made and it should not have been certified at that time, then those payments may need to be made again with interest added on top of them.
Vocational Rehabilitation
Vocational rehabilitation is a process that takes place after medical treatment is complete. It aims to help the injured worker return to work by providing retraining, job search assistance, and job placement services. These benefits may be available for up to two years.
The Vocational Rehabilitation program provides wage replacement benefits while an employee receives treatment and rehabilitative services in order to prepare him or her for a return-to-work position. The employer decides whether or not workers' compensation will pay these expenses. If an employer does not have workers' compensation insurance, then vocational rehabilitation may provide wage replacement benefits on a voluntary basis through state funds set aside by the Texas Legislature each year (known as Temporary Disability Insurance).
Death and Dependency Benefits
If you are the beneficiary of a worker who has died in an accident on duty, or if you are an injured worker’s dependent child, you may qualify for Workers’ Compensation Death and Dependency Benefits. These benefits are meant to help cover your loss. You must meet certain eligibility requirements in order to qualify for these benefits. You can apply by contacting your employer or their insurance carrier directly.
If you don't work anymore because of the injury sustained by your parent or spouse/partner/spouse-to-be (if applicable), then please contact Ryan Pigg today at 855-713-PIGG so that we can determine if any other compensation is available.
Workers' compensation laws in Texas are generally more restrictive than in other states. For example, in Texas, a worker can only receive workers' compensation benefits for injuries that are caused by an accident or exposure to a hazardous environment. Texas is one of few states that does not provide any medical treatment directly to its injured employees through their employers (instead requiring them to seek treatment outside the workplace).
Workers' compensation benefits are a vital source of income for injured workers and their families. If you have been injured on the job in Texas and need to apply for workers' compensation, contact Ryan Pigg today. We'll help you get the benefits you deserve so that you can focus on healing while we handle all the legal details.
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