If you have suffered a work-related accident in Texas, it is crucial to know your legal rights as quickly as possible. If you have employee compensation insurance, you will follow a particular route to obtain financial aid. Your options and rights are governed by your employer's workers' compensation insurance and your state's law. If you don't have workers' compensation coverage, you must pursue compensation via an alternative route. Your interests will be determined under the state's injury statutes, in such a case. All the info you need is right here.
Are You Covered by Workers' Compensation?
Whether or not you are insured by workers' compensation insurance dramatically affects your rights and alternatives following a workplace injury. Texas is unlike other states in that employers are not required to have workers' compensation insurance. Although employers are not compelled to carry it, the majority do. That's because having workers' comp insurance legally restricts the amount and type of compensation employees can obtain. Without workers' compensation insurance, you could sue your employer for more injuries and more compensation.
Your Rights Under Workers' Compensation
If workers' compensation insurance protects you, you must immediately report your accident to your employer. You may be eligible for the following through a workers' comp claim:
The workers' compensation insurance covers reasonable and essential medical expenses. In a medical emergency, you must seek care immediately, regardless of your insurance status. But if you need more care, you must go to a physician in your workers' compensation insurance network. When it pertains to proper and vital treatments for work-related injuries, you could face hurdles when dealing with your insurance. And so, consult a work injury attorney if you have problems paying your medical expenses.
You may receive a specific percentage of your salary from insurance. Temporary illnesses and injuries are covered by TIBs, which account for 70% of the gap between your typical weekly salary and the wages you can receive after your injury. You can get TIBs until you attain your maximum clinical improvement when you are healthy enough to earn your typical weekly wage or for 104 weeks, whichever comes first. Lifetime income benefits (LIBs), on the other hand, are for people with permanent disabilities. The amount you are eligible to receive is dependent on your impairment score, which is a ratio indicating the extent of irreversible harm to your body.
Burial and Death Benefits
If your loved one died on the job and was covered by workers' compensation insurance, you could be eligible for burial and death benefits. Benefits for funeral costs are usually given to a close relative who paid for them. Thus, you could qualify for up to $10,000.
Your Rights Without Workers' Compensation
If your Texas company did not carry workers' compensation insurance when you were injured on the job, contact reputable attorneys immediately well-versed in injured employee rights in Texas. This is because you are not eligible for workers' compensation medical and wage benefits without insurance. Thus, you must file a suit for damages to pursue equitable and fair compensation for your injuries, which can prove daunting.
Your entitlement to seek compensation for a personal injury is contingent on some conditions, including establishing that another party's negligence, reckless conduct, or willful misconduct caused your injury. Since you must prove the other party's liability and the nature and severity of your losses, you will gain from dealing with an expert attorney.
A personal injury attorney can defend you in a suit against your company or the negligent party. Additionally, there is a deadline for submitting a claim; Texas's statute of limitations for personal injury claims is two years. It's crucial to move promptly since you only have two years from the date of your injury to launch a case for personal injury.