When To Consult an Injury Attorney and What  Are Workers’ Rights After a Workplace Injury in Texas

Workplace injuries can have devastating consequences, impacting a worker’s physical well-being, income, and future employment prospects. In Texas, various laws and regulations are designed to protect workers who are injured on the job. The Texas Department of Insurance provides answers to common questions about injuries sustained at word.  Having information about these rights is important for employees navigating the complexities of workplace injury claims. Here is a comprehensive guide on workers’ rights when injured at work in Texas:

1. Workers’ Compensation Coverage

• Eligibility: Most employers in Texas have the option to provide workers’ compensation coverage, which is a form of insurance that covers medical expenses, lost wages, and other benefits. However, unlike most states, Texas does not mandate employers to carry workers’ compensation insurance. If your employer subscribes to workers’ compensation, you are eligible for benefits if you’re injured while performing your job.
• Reporting Injuries: Injured workers must report their injuries to their employer within 30 days to be eligible for benefits. Failing to do so may jeopardize the claim.
• Filing a Claim: Workers have up to one year from the date of the injury to file a workers’ compensation claim with the Texas Department of Insurance, Division of Workers’ Compensation (DWC).

2. Medical Care

• Right to Medical Treatment: Injured employees have the right to receive necessary medical care for their work-related injury. Workers’ compensation will typically cover reasonable medical costs, including doctor visits, surgeries, rehabilitation, and medications.
• Choosing a Doctor: If your employer is part of a certified workers’ compensation network, you may be required to select a treating doctor from the network’s list. If not, you may have the right to choose your own physician.

3. Income Benefits

Texas law provides different types of income benefits based on the severity and duration of your injury:

• Temporary Income Benefits (TIBs): If you miss more than seven days of work due to your injury, you may be entitled to TIBs, which are 70-75% of your average weekly wage.
• Impairment Income Benefits (IIBs): If your injury causes permanent impairment, you are entitled to receive IIBs once your condition stabilizes. These benefits are based on the impairment rating assigned by your doctor.
• Supplemental Income Benefits (SIBs): If your injury results in lasting impairment that affects your ability to earn wages, you may qualify for SIBs after IIBs expire.
• Lifetime Income Benefits (LIBs): In cases of catastrophic injuries (such as the loss of limbs or permanent blindness), workers may be eligible for LIBs, which provide compensation for the rest of their lives.

4. Right to Appeal a Denied Claim

Workers have the right to appeal if their workers’ compensation claim is denied. The dispute resolution process involves multiple stages, starting with benefit review conferences and proceeding to formal hearings if necessary. Legal representation can be valuable at this stage to ensure your rights are protected.

5. Third-Party Claims

In Texas, injured workers may also have the right to file a lawsuit against third parties responsible for their injuries, such as contractors, manufacturers of defective equipment, or negligent drivers in work-related auto accidents. Workers’ compensation generally prevents employees from suing their employer directly, but third-party claims can provide additional compensation beyond what workers’ comp offers.

6. Non-Subscriber Employers

Since Texas does not require employers to carry workers’ compensation, some companies opt to be “non-subscribers.” If your employer does not have workers’ compensation insurance, you have the right to sue them directly for negligence if they contributed to your injury. In non-subscriber cases, injured workers may seek compensation for medical bills, lost wages, pain and suffering, and other damages through a personal injury lawsuit.

7. Retaliation Protection

Texas law protects employees from retaliation by their employer for filing a workers’ compensation claim. If an employer fires, demotes, or otherwise retaliates against you for seeking compensation for a workplace injury, you have the right to take legal action.

8. Return to Work

• Right to Modified Work: Injured employees may have the right to return to a modified version of their job if they are able to perform light duties. This must be coordinated with your doctor and employer to ensure it is safe and reasonable.
• Termination and Disability: Employers cannot terminate employees solely because they were injured at work or filed a workers’ compensation claim. However, Texas is an “at-will” employment state, so employers can terminate employees for other legitimate reasons.

9. Federal Protections

In addition to state laws, federal laws such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) may also offer protections to injured workers. The ADA ensures that disabled workers have the right to reasonable accommodations, and the FMLA allows eligible employees to take unpaid leave for medical reasons, with the guarantee that their job will be protected.

If you are a worker in McAllen or anywhere in Texas you have a range of rights and protections when injured on the job, but the system can be complex, especially when navigating workers’ compensation claims or pursuing legal action. Injured employees are advised to consult with an experienced attorney to understand their rights fully and ensure they receive the compensation and care they deserve. Here, at the Brasure Law Firm, we are highly skilled at navigating injuries at work. If you would like to schedule a free consultation to speak to our attorney. Schedule a free consultation.