Workers Compensation in Austin, TX
You aren’t alone if you ask “How does workers comp work?” Workers’ compensation is a type of insurance that provides wage and medical benefits to people who have become ill or injured while at work. The extent of workers’ comp coverage an employer is required to carry is governed by Texas state law. Thus, in trying to figure out how workers comp works, it helps to understand the laws on the books in the state where the business operates. If the injury or illness a worker sustains is eligible for compensation, the insurance carrier should help ease the financial burden the illness or injury created on the worker. Learn some of the basic principles of Austin, Texas workers’ compensation insurance and how the process works.
Workers Compensation Statistics in Austin, Texas?
According to The Texas Department of Insurance, mining, construction, agriculture, and auto transportation are among the most dangerous jobs in Austin, Texas. The recent housing boom in Austin has created a demand for more construction labor. But with this increased demand has come an increase in fatal and non-fatal work-related accidents. Falls, falling objects, and improper safety precautions all contribute to the possibility of sustaining a work-related injury while working construction in Austin, Texas.
How Does Workers Comp Work in Austin, Texas?
Unfortunately, going through the process of applying for workers’ compensation begins with getting sick or injured on the job. The circumstances surrounding the incident that led to your problems are especially crucial. For example, the injury had to occur during your regular work duties. While an event that happens during your lunch break wouldn’t apply, getting into a car accident while running an errand for your boss would qualify for a claim.
The Texas Workforce Commission states that while private employers can choose to carry workers’ compensation insurance, it is not mandatory. If your employer carries workers’ compensation insurance you may be entitled to temporary income benefits, or supplemental income benefits. In addition to impairment benefits, and possible lifetime income benefits. Mental health is also covered in Austin, if your working environment leads to stress, anxiety, or depression.
For example, say your supervisor asked you to drop something off on your lunch break. While running this errand you then get in a car accident on your way to the destination. Any resulting injury is eligible for workers’ compensation. However, if you are on your lunch break, performing no such task when you get in an accident, it does not qualify for a claim.
The steps you take immediately following a workplace incident in Austin, Texas are critical for purposes of filing a claim for compensation. Follow the following steps to preserve your rights and learn how workers comp works.
Get Medical Attention
After you get injured or feel ill, the first step is to see a doctor. Don’t delay seeking help from an Austin, Texas healthcare professional. This could not only jeopardize your health, but you run the risk of missing time-sensitive deadlines in the workers’ compensation process. Having a proper medical report that details the damage is the first step in the process. Your employer cannot file a claim with their insurance carrier without this information.
When dealing with a job-related illness, the symptoms and diagnosis may not happen right away. You may find yourself attending regular checkups and testing for weeks or months before a doctor finally associates your illness with your job. Your doctor may make the determination that the illness is either the result of your work conditions or aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.
File a First Report of Injury
The first report of an on the job injury or illness will provide the workers’ compensation insurance carrier with the details of the events leading up to the injury. In this report, you will provide your physical injuries, the medical treatment you received and the facilities that provided it. It’s always a good idea to bring a copy of the doctor’s report to submit with the report of injury.
Austin workers that incur an injury at work should file a first report as soon as possible. This alerts your employers to what’s happened and potentially helps others who might have experienced the same accident. It also establishes a timeline. Or a chain of events if any disputes arise. You should allow a medical doctor to treat your injuries, and it’s helpful to bring a copy of the doctor’s report for your claim, and to keep a copy for your home files if the need should arise for it again.
Timeline and Other Information
An employer in Austin, Texas has 8 days from the notification of injury or illness to file a first report with their insurance company. You need to file at the local Division of Workers’ Compensation office. Or, use the DWC’s website and file an electronic form. You should request a copy of the file for your own records. As well as keep a copy of your medical files. In Austin, you can receive temporary benefits for 104 weeks. But keep in mind that they don’t start until after your 8th day of work-related injury absence.
Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point about. Typically about the incident and any possible witnesses to the event. In the meantime, the workers’ comp insurer may begin paying medical benefits while the investigation into your claim continues.
Why You Should Hire an Austin, Texas Workers’ Compensation Lawyer
While workers’ compensation claims may be straightforward for some cases in Austin, Texas, in others, it may be more difficult. Your employer might ask if you suffer an injury on the clock or your own time. It’s also common for a company to question the full extent of your injury. Hiring an Austin, Texas workers’ comp lawyer ensures that you have an advocate to fight for your rights as a victim.
Work With an Experienced Local Lawyer In Austin, Texas
If you are hurt or contract an illness as a result of your job in Austin, Texas you need to find the right people to help. Since the workers’ compensation claims process can have pitfalls, you should consider getting a local attorney who knows how to avoid them.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!