With millions of workers across the United States, there are also thousands of work related injuries. Without U.S laws requiring companies to carry workers compensation insurance, workers could be exploited and discarded instead of properly being reimbursed for their injuries.
The State of Texas has had workers compensation insurance since 1917 but they are a bit stricter in their laws than other States. Texas has a no-fault workers compensation policy in place which has a two-fold objective
1.It pays immediately all medical cost and lost wages due to a work related injury
2.The employee forfeited their right to file a personal injury lawsuit against the employee due to a work related injury
Are There Any Exceptions?
The simple answer is yes. If the company is found to have provided an unsafe work place or or hazard not in your job description or purposely tried to injure you – then you can file a personal injury lawsuit.
In turn, if the company finds that you were under the influence or tried to hurt yourself on purpose, they can disapprove your claim.
Again, the two-fold rule.
In case of a regular type of job related injury – you must file a report with a supervisor either verbal or written with the basic information describing how you were injured. There is a time limit on filing a complaint – it must be filed within 30 days of the injury or appearance of symptoms of an injury or the claim can be disapproved.
What types Of Benefits Do They Cover
The insurance will pay for all reasonable medical cost associated with your injury. This includes hospitalization, doctor visits, prescriptions and rehab if so prescribed but just for the on the job injury, not any other health issue you may have had prior to being hurt on the job.
Lost wages are paid at 70% of your average weekly wage and start on the 8th day of being out of work or for the entire period if missing work for mote than 14 days.
If your injury is so sever that you may never return to any type of work again – they will pay you 70% of your average weekly wage with a 3% increase each year. In case of death, the insurance will pay your surviving dependents either a lump sum payment or 70% of your average weekly pay – settlement determined between the insurance company and the surviving dependents.
In the State of Texas, the employers take care of their employees as well as taking care of the companies. It is design so everybody gets a positive result in case of a work accident.