Workers Compensation in Houston, 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 Houston, TX workers’ compensation insurance and how the process works.

Workers Compensation Statistics in Houston, Texas?

According to the Bureau of Labor Statistics, the Texas industries with the highest rate of workplace injury are retail, healthcare, and manufacturing. Across all industries, reported injuries are most commonly sprains, strains, tears, cuts, or fractures. The majority of these injuries are caused by contact with equipment, falls, or overexertion. While some of these injuries in Houston are minor, 30% of reported injuries across the state result in more than 30 days of missed work.

How Does Workers Comp Work in Houston, 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. 

Texas, unlike most states, does not require workers compensation insurance for the majority of employers. However, government employers, construction contractors, motor carriers, and propane or natural gas dealers may be required to have coverage. If your employer is covered by workers compensation, all of your medical expenses for work-related injuries will be covered. If your injury is severe enough that you are unable to work for more than a week, you can be compensated for lost wages. The Texas Department of Insurance states that the weekly benefit cannot be less than $146 or more than $1007.

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 Houston, TX 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 a Houston, TX 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 detailing the extent of the damage and how it occured 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. Well 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.

Employees in the Houston area have 30 days to report their injury to the employer. In addition, the employee needs to file a claim with the Texas Department of Insurance, Division of Workers’ Compensation. This claim must be filed within one year of the injury.

Timeline and Other Information

If you are receiving temporary disability compensation for lost wages, the Texas Department of Insurance limits the duration of that benefit to 104 weeks. Once your doctor determines that your condition has stabilized, you may be eligible for permanent disability. In this situation, your doctor will determine your level of impairment as a percentage value. The duration of your compensation will be three weeks for each percentage point. Despite this rule, in especially severe cases, supplemental or lifetime benefits may become available.

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 to 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 Houston, Texas Workers’ Compensation Lawyer

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

Work With an Experienced Local Lawyer In Houston, Texas

If you are hurt or contract an illness as a result of your job in Houston, TX 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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