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