In many other states,
workers’ compensation insurance is virtually compulsory, especially in the construction industry;
however, in Texas this is not the case. In Texas, private employers are
able to “choose” whether or not to carry workers’ compensation
coverage. If your employer opted out of this coverage, then your employer
is required to notify you whether or not they offer this coverage.
If your employer does provide workers’ compensation coverage, then
if you are injured in a workplace accident, your employer’s workers’
compensation would pay for your medical bills, and replace a percentage
of your lost wages – assuming that your injury or work-related illness
qualifies for benefits.
What type of benefits are available?
Under the Texas Labor Code (TLC) Sections 408.081-408.187, there are four
types of benefits available to injured workers, including:
- Income benefits, which replace a portion of your wages.
- Medical benefits that pay for your necessary medical treatment.
- Burial benefits that pay for a deceased worker’s funeral expenses.
- Death benefits, which replace a portion of a family’s lost income.
What if my employer doesn’t have insurance?
When an employer carries workers’ compensation insurance, it generally
insulates them from employee lawsuits. However, when an employer does
not carry such coverage, the employer does not enjoy such legal protections.
If you were injured on the job, or if you are suffering from an occupational
disease and your employer does not offer workers’ compensation,
you still have options. Each workers’ compensation claim is different,
and depending upon where your accident occurred, how it happened, and
the types of injuries you sustained, you may be able to file a claim through
one or more avenues.
To illustrate: If you were injured in a construction accident while working
on a home renovation, you may have a claim against the homeowner’s
insurance policy. If you were injured by a defective piece of machinery,
you may have a claim against the manufacturer. If a subcontractor was
responsible for you injuries, you may have a claim against them.
Or, if you were injured in an auto accident while performing your work-related
duties, you may have a claim against the other driver.
In any case, you should speak with one of our Plano personal injury attorneys
to explore all of your legal options. If you were hurt at work, you should
not walk away from valuable compensation.
Injured in a work-related accident in Plano or Dallas?
Contact the Zendeh Del Law Firm, PLLC today by calling (888) 493-6529!