Worker’s compensation is a type of insurance that benefits employees who become ill or are injured while on the job. If you are an employee or employer in Texas, knowing the laws regarding worker’s compensation is fundamental. Get the checklist of documents required for a marriage green card application if both spouses in the U.S.
While workers’ compensation laws can be complex, knowing the most critical Texas laws that protect your interests is essential. Failure to comply with workers’ compensation laws can result in legal consequences and financial loss to employers and employees.
In the event of a work injury or a work-related illness, workers comp insurance in Texas can provide medical treatment and other benefits to an affected employee. In Texas, there are six essential laws that you should know about workers comp.
1. Workers’ Comp Is Not Required in Texas
Unlike other states in the United States, employers are not required to carry workers comp insurance coverage in Texas. However, employers who choose not to provide workers comp coverage can still be held liable for paying for work-related injuries and illnesses and compensating you for lost wages.
2. Employees Must Report Injuries Within 30 Days
In Texas, employees are required to report workplace injuries or illnesses to their employer within 30 days of the incident. In addition, employees must file a workers’ comp claim within one year from the date of injury or discovery of illness.
3. Workers Comp Insurance in Texas Covers Medical Expenses and Lost Wages
Under Texas law, workers’ compensation benefits can cover medical expenses and lost wages if an employee is injured or becomes ill due to their job. This is provided that the injury or illness is work-related or if the injury or illness caused the employee to lose some or all income for more than seven days. These benefits are only available if the employer has workers comp insurance in Texas or is self-insured.
4. Employers Can Dispute Employees’ Compensation Claims
Texas law allows employers to dispute workers’ compensation claims and can challenge the extent of the injury if it occurred at work or was a result of horseplay. This means an employer can contest their employee’s claim and may argue that the injury is not work-related, is less severe than claimed, or is due to horseplay.
5. Workers Can Appeal Denied Claims
If an employee’s workers’ compensation claim is denied, they can appeal the decision through the Texas Department of Insurance, Division of Workers’ compensation. The appeal process can be complex, so seeking legal representation is advisable if one’s claim has been denied.
6. Employers Can Opt Out of Workers’ Compensation
Even if an employer provides workers comp insurance in Texas, they can opt out of the state’s system and provide their insurance plan or subscribe to a self-insurance program.
Understanding Workers’ Compensation Laws in Texas
Understanding Texas’ worker’s compensation laws that protect your rights and interests in the event of a work-related injury or illness is crucial. Employers should choose to provide workers comp insurance in Texas. At the same time, employees must report their injuries promptly, understand the extent of worker’s compensation benefits and know how to address disputes regarding workers’ compensation claims.
Understanding and complying with Texas workers’ compensation laws can create a safe work environment and protect one’s interests in the event of a work-related injury or illness.
