Are Texas Employers Required to Carry Workers' Comp?

Are Texas Employers Required to Carry Workers' Comp?

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!