As a worker, you may find yourself going above and beyond to get the job done. There is an immense amount of pressure from the second you clock in, and you may find yourself doing tasks outside your job description. Despite some of the inherent risks of your job, you need to put dinner on the table and clothes on your children’s backs.
Given the amount of effort you put into your job, it can be devastating to experience any type of workplace accident. When you are injured on the job, you deserve legal counsel that could advocate for your rights as a worker. A Falfurrias workplace accident lawyer from our firm has a track record of getting injured employees the finances they need to take care of themselves and their families during their recovery.
How Workers’ Compensation Insurance Works
Texas is an “opt-in” insurance state when it comes to employers providing workers’ compensation coverage. This means that if a person is not classified as a public employee, the employer has the choice of whether to participate in workers’ comp or not.
Under Texas Labor Code § 406, when a new employee is hired, the employer must notify them that it does not provide workers’ comp insurance. Any existing employees must be notified within 15 days if an employer decides to cancel their workers’ compensation policy. If a worker gets hurt at an employer’s principal place of business or within the scope of their required duties, they can take the following steps to file a workers’ compensation claim:
- Notify the employer within 30 days of the injury taking place
- Verify the injury through a medical examination; if a worker has seen an employer-approved healthcare expert, they have the right to a second opinion
- File the workers’ compensation claim within one year (365 days)
- Wait at least 90 days for the employer to respond by either approving or denying the claim
If an employer denies a workers’ compensation claim, the injured employee has 15 days to appeal the decision by requesting a conference with a worker’s compensation board and the employer. After a workplace accident, an injured employee should speak with a Falfurrias attorney to determine what routes to compensation may be available.
When Your Employer Does Not Have Workers’ Comp Insurance
When a business decides to opt out of workers’ comp insurance, an employee can bring a workplace accident lawsuit directly against their employer. While contributory negligence is not a factor in workers’ compensation claims, it can become an issue in workplace accident lawsuits. Under Texas Civil Practice and Remedies Code § 33.001, if a worker is more than 50 percent at fault for causing their own injuries, they cannot receive any financial damages.
Through a successful workplace accident claim, an injured employee can pursue compensation for their economic and non-economic losses. Economic damages can cover healthcare bills and lost wages, while non-economic damages cover less tangible losses such as pain and suffering. A Falfurrias attorney knows the law surrounding workplace accident claims and could help an injured worker pursue compensation for the full range of their losses.
Contact a Falfurrias Workplace Accident Attorney Today
When you get hurt on the job, you may be frustrated. Many people ignore their injuries, electing to try and get better on their own. Our attorneys are here to make sure you understand your rights. A Falfurrias workplace accident lawyer could help you understand what type of policy your employer has for covering worker injuries. Our team could also help you maximize the amount of compensation you receive through a negligence lawsuit. Call now to learn more.