If you have sustained a workplace injury in Houston, it is crucial to understand your rights under Texas workers’ compensation law. Many injured employees are eligible for benefits, and if you have a claim, it is essential to take all necessary steps to ensure you receive the compensation you are entitled to.

However, if you are not covered by workers’ compensation, the claims process will differ significantly. A Workers Compensation Doctors Houston can help you explore your legal rights and available options.

Workers’ Compensation Applies to Employees

To be eligible for your employer’s workers’ compensation insurance, you must be classified as an employee. If you work for a company, receive a regular pay check with tax deductions, and receive a W-2 form at the end of the year, you are likely considered an employee.

Generally, independent contractors are not entitled to workers’ compensation benefits if injured on the job. However, some employers may intentionally misclassify employees as independent contractors to avoid tax liabilities and reduce other expenses.

Deliberately misclassifying employees is illegal. If you believe you are being unfairly denied workers’ compensation coverage, it is important to consult with an attorney immediately.

Workers’ Compensation: What It Covers in Texas

In Texas, workers’ compensation specifically covers injuries and illnesses that are directly related to an employee’s job. The Texas Department of Insurance (TDI) states, “Workers’ compensation provides benefits such as medical care for employees who are injured or become ill as a result of their job duties.”

However, according to the TDI, workers’ compensation does not cover the following situations:

• Employees who intentionally harm themselves
• Injuries that occur while an employee is intoxicated or engaging in horseplay
• Injuries that happen outside of work
• Injuries resulting from hurricanes or other natural disasters, unless the job inherently involves a high risk of such events

Workers’ Compensation in Texas: What You Need to Know

Medical Bills Coverage: In Texas, if you have a workers’ compensation claim, you’re entitled to coverage for all costs related to diagnosing and treating your injury. This is known as the “medical benefits” portion of your claim. Eligible employees can receive medical benefits until they either fully recover or reach “maximum medical improvement” (MMI). MMI is when the injury or illness is not expected to improve with further medical treatment.

Lost Earnings Coverage: Workers’ compensation may also cover a portion of your lost income if you are unable to work for more than a week due to a job-related injury. Most employees receive 70% to 75% of their average weekly wage. These temporary income benefits (TIBs) end when you can return to work, reach MMI, or after receiving benefits for two years.

In addition to TIBs, some workers may qualify for other wage replacement benefits:

• Impairment Income Benefits: Covers 70% of your average weekly wage if you have a work-related injury that affects your whole body.
• Supplemental Income Benefits: Covers 80% of your average weekly wage minus any wages you can earn; available when impairment income benefits end but impairment still affects your ability to work.
• Lifetime Income Benefits: Covers 75% of your average weekly wage for life if you suffer certain qualifying injuries on the job.

Death Benefits and Burial Expenses: For families who lose a loved one in a job-related accident, workers’ compensation covers death benefits and burial expenses. Death benefits provide partial income replacement, and families can receive up to $10,000 for burial expenses.

5 Important Facts About Workers’ Compensation in Texas

1. Texas Law Doesn’t Mandate Workers’ Compensation Coverage:
   Unlike other states, Texas does not require private employers to have workers’ compensation insurance. Many companies choose to purchase it to limit their legal liability, but not all do.
2. You May Be Able to Sue Your Employer:
   If your employer does not provide workers’ compensation coverage, you might be able to sue for injury-related losses. Employers with workers’ comp insurance typically shield themselves from lawsuits related to workplace injuries.
3. Workers’ Compensation May Not Be Your Only Option:
   Even if you qualify for workers’ comp, you might have other legal avenues. For example, you could file a third-party claim if:

• A property owner’s negligence led to your injury.
• A defective product harmed you while working.
• A careless motorist caused a work-related vehicle accident.

In such cases, you can pursue full compensation for all your losses beyond workers’ comp benefits.

1. Seeing an Approved Doctor:
   If your employer participates in a workers’ compensation healthcare network, you may need to see an approved doctor for your medical expenses to be covered. If your claim isn’t in a healthcare network, you have the right to choose your doctor.
2. Act Promptly to Protect Your Rights:
   Delaying action after a workplace injury can result in losing your rights. If you’ve been injured on the job, it’s crucial to speak with a lawyer as soon as possible.

Contact Our Workers Compensation Doctors Houston Today

Workers in Texas face significant challenges when injured on the job or become ill due to their work. Best Doctor Network is here to help you explore all possible avenues for pursuing compensation, including workers’ compensation, third-party claims, and more.

Call (855) 632-4342 today for a FREE consultation. Workers Compensation Doctors Best Doctor Network serves clients throughout Texas.