In the state of Texas, an employer is not required to carry worker’s compensation insurance. Although this means that a worker isn’t able to collect compensation from a worker’s compensation insurance policy, should they become injured on the job, there are other ways to achieve this. For instance, when an employer elects to not carry this type of coverage, they do run the risk of being sued for personal injuries sustained by any employee who was harmed while at work. There are some exceptions to this, of course. Employees are not eligible to receive compensation for their injuries if:
- The employee was horse playing.
- The injury was a result of willful criminal acts or self-injury.
- The worker was intoxicated from drugs or alcohol which resulted in their injury.
- They engaged in an off-duty recreational activity.
- It was an act of God.
- A third party’s criminal act if directed against the employee for a personal reason that has no relation to work.
Were You Harmed While Engaging in a Work-Related Activity?
If you, a friend, or even a co-worker was injured on the job and you are seeking legal information pertaining to worker’s compensation law, you have come to the right place. USAttorneys is here to provide you with resourceful information as well as the help necessary to get you paired up with a reliable and dependable worker’s compensation attorney in Texas.
Work-related injuries can take a toll on any person, both physically and financially. You might be spending time away from your work duties or missing out on a possible raise, and all of this should be recognized in the event you are unable to return to work. Before any employee agrees to take on a position, they are supposed to be informed as to whether or not their employer is carrying worker’s compensation insurance. According to the Texas Workforce Commission, a new hire has five days to elect to waive their right to worker’s compensation benefits and retain their common-law right to file suit against the employer for the injury they incurred at work.
Because the laws can become rather confusing, it is essential that you speak with a Texas worker’s compensation lawyer immediately to learn more about your case, what actions you can take, and whether or not you are able to legitimately file a claim or lawsuit against your employer.
When Do I Need to File My Worker’s Compensation Claims?
Any worker who became injured while on the job or at their work location must file an injury report within 30 days from the injury. If the worker wishes to appeal any decision that may have been made, they have 90 days of its issuance to do so. Also, the formal paperwork for the claim must be filed within one year from the date of the injury.
Have Worker’s Compensation Claim Questions?
If so, we are ready to help you connect with a nearby worker’s compensation attorney in the state of Texas. Whether you live in the city of Houston or Dallas, regardless of where you are, we will get you paired up with the legal aid you need.