Hildebrand & Wilson, LLP
How Protected Are You If Injured At Work in Texas?
Worksite injuries happen everywhere for a variety of reasons including bad weather, tripping over material left out, trying to hurry to get done early, defective tools or materials, and distractions at the worksite to name a few.
Each year, employees working in Texas sustain close to 200,000 injuries1 while at work with nearly 550 of those injuries being fatal.2
If you become injured on the job, worksite lawyers stress that it is important to understand what rights you have as an employee and how you should handle the situation.
Receiving the appropriate compensation you are due can sometimes depend on correctly exercising your rights.
Workers Compensation Protection
The Texas workers compensation program exists to protect employees who may become injured or sick while at work.
This program was designed to provide the funds required for medical treatment and other entitled compensation when you file a report of your workplace injury through your employer’s workers compensation insurance.
The workers compensation program was designed to protect your rights when you are injured; it was also designed to protect your employer from injured employees contacting worksite injury attorneys to file suit to pay for your medical care and other related expenses.
If your employer has this insurance coverage, it will automatically cover your injury and eliminate the need for you to seek compensation in other ways.
Employers Who Don't Carry Workers Comp Insurance
The State of Texas does not require that a business obtain workers compensation insurance, although lawyers who help people injured at a worksite highly recommend that every business carry it to protect both employees and the business.
If you have received an injury at the worksite and your employer does not have workers compensation, you still have rights; however, they are different than the right to receive payment through the workers compensation program.
When your employer does not have workers compensation insurance and for some reason your injury is not covered by that benefit, Texas law gives you the right to seek assistance from an attorney who handles worksite injuries and pursue other legal remedies for compensation.
In the event that you are unable to agree on compensation with your employer or they are unwilling to help you obtain your entitled compensation, your lawyer can file an injury suit on your behalf against your employer.
Injured Employees - Workers Comp or Third Party Liability
If you sustain a worksite injury and your employer carries workers comp insurance, you must seek compensation through that insurance policy and are precluded from hiring a worksite injury attorney to negotiate and potentially litigate your claim.
If another party was responsible for the accident, you can file a third party accident claim and seek recompense from the third party in addition to filing a workers comp claim with your employer.
In the event that workers compensation is not an option, it’s best to seek the assistance of workplace injury lawyers who can protect your rights and help you get the compensation you are due!