Workers Compensation in Fort Worth, 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 Fort Worth, Texas workers’ compensation insurance, and how the process works.

Workers Compensation Statistics in Fort Worth, Texas?

According to the Texas Department of Insurance, there were 608 fatal occupational injuries in Texas in 2019. These fatalities can be traced predominantly to the construction, trade, transportation & utilities, and transportation & warehousing sectors. In addition, these three sectors represent almost 50% of nonfatal occupational injuries.

According to the US Bureau of Labor Statistics, trade, transportation & utilities was the only sector in the Fort Worth area with positive employment growth in 2021 compared to a year ago. This dangerous sector represents over 20% of all employment in the Fort Worth area. Therefore living in Fort Worth could result in an increase in work-related injuries.

How Does Workers Comp Work in Fort Worth, 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 notes that Texas is one of the few states that does not require most employers to carry workers’ compensation insurance. However, the coverage is required for government employers. As well, it is required for some construction, motor carrier, and gas or propane companies. If a Fort Worth employer does not have workers’ compensation coverage, you can pursue damages in civil court. If they do, potentially included benefits are medical expenses, death benefits, and lost wages compensation. Mental injuries for first responders may be compensable if the job incident was a substantial contributing factor to PTSD.

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 Fort Worth, Texas are critical for the 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 a Fort Worth, Texas healthcare professional. This could not only jeopardize your health, but you run the risk of missing time-sensitive deadlines. Some of which are critical in the workers’ compensation process. Having a proper medical report that details the extent of the damage and how it occurs 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. All before a doctor finally associates your illness with your job. Your doctor may make the determination that the illness is the result of your work conditions. 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.

If you suffer an injury on the job in Fort Worth, you have 30 days to report the injury to your employer. However, it is always best to notify your employer immediately, if possible. Note that you also have to file a claim with the Workers’ Compensation Division of the Texas Department of Insurance. You must do so within 1 year of the date of injury. The employer is required to file an Employers’ First Report of Injury or Illness with their carrier within 8 days of notification of the injury.

Timeline and Other Information

According to the Texas Department of Insurance, there is a 7-day waiting period before benefits can be paid in Fort Worth. If your claim is accepted, the insurance carrier will typically begin payments on the eighth day of missed work. Keep in mind that if you are out of work for more than 14 days, you may receive compensation retroactively for the first seven days. Temporary disability benefits in Fort Worth are a maximum of 104 weeks.

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. 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 a Fort Worth, Texas Workers’ Compensation Lawyer

While workers’ compensation claims may be straightforward for some cases in Fort Worth, Texas, in others, it may be more difficult. For example, your employer may ask if you suffer an injury on the clock or on your own time. It’s also common for a company to question the full extent of your injury. Hiring a Fort Worthworkers’ comp lawyer ensures that you have an advocate to fight for your rights as a victim.

Work With an Experienced Local Lawyer In Fort Worth, Texas

If you are hurt or contract an illness as a result of your job in Fort Worth, 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!

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