Workers Compensation in San Antonio, 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 San Antonio, Texas workers’ compensation insurance and how the process works.
Workers Compensation Statistics in San Antonio, Texas?
Common workplace injuries in San Antonio are slips and falls, falling objects, strains due to heavy lifting, and manufacturing injuries working with heavy and dangerous equipment. According to an article in the San Antonio Current, amazon warehouse and factory workers are incurring injuries at nearly double the rates of the national average. If you suffer an injury while at work, or while performing workplace duties off site, this may entitle you to compensation. If your employer carries workers’ compensation insurance.
How Does Workers Comp Work in San Antonio, 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 employers can provide workers’ compensation insurance for their employees, it is not mandatory. Workers’ compensation insurance provides coverage for medical treatment and lost wages for employees who are injured in work-related incidents. Mental health can be covered in Texas. But you have to prove a direct link between your incident and the mental health problem.
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 San Antonio, 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 a San Antonio, 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 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 in attendance of 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 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.
The Texas Department of Insurance states that if you are injured you must report it to your employer as soon as possible. Immediately if you can. This is to establish the fact that you actually suffer an injury on the work premises. Or while performing a work-related task. After you report your injury you should seek medical treatment as soon as possible. Delaying treatment can cause the injury to get worse, which will cost more in medical treatments and recovery time. Once you have been treated it’s wise to ask the physician for 2 copies of the report. Keep 1 copy for yourself, and give one copy to your employer.
Timeline and Other Information
If you suffer an injury at work in San Antonio, your employer has 8 days to file your report with their insurance carrier. As soon as you alert them to the injury. Your claim will either be approved or denied within 15 days of the insurer receiving written notice. The minimum payment for Total Temporary Disability in Texas is $112.00 per week. Or 15% of the state average working wage. The maximum payment is $750 per week, which is 100% of the state average weekly wage
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 San Antonio, Texas Workers’ Compensation Lawyer
While workers’ compensation claims may be straightforward for some cases in San Antonio, 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 San Antonio, 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 San Antonio, Texas
If you are hurt or contract an illness as a result of your job in San Antonio, 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!