Sealy Workplace Injury Attorney
Texas, unlike most other states, doesn’t actually require that employers obtain workers’ compensation insurance coverage. Fortunately, many employers voluntarily choose to provide their employees with coverage, which ensures that they are reimbursed in the event of a workplace injury. These claims do, however, get denied at an alarming rate, while some employees are left without any option but to file a personal injury lawsuit in court. Whichever route you decide to go, you will undoubtedly need the support of an experienced Sealy workplace injury attorney who can help protect your interests throughout the legal process.
Workers’ Compensation Coverage
Under the workers’ compensation law in Texas, an employer must provide an injured employee with compensation for medical bills and lost wages if that injury was sustained in the course and scope of employment. Essentially, this means that an injury or illness will be covered if the injured party was furthering the employer’s business at the time of the accident, which also includes accidents that occur during work-related travel. This is true regardless of who was at fault for the accident. Injuries will not be covered, on the other hand, if they are deemed to be the result of:
- Willful criminal acts;
- Intoxication from drugs or alcohol;
- Voluntary participation in off-duty recreational activities;
- A third party’s criminal act if directed against the victim for a personal reason that was not related to work; or
- Acts of God.
If an employee’s workers’ comp claim is approved, he or she can expect to collect three types of benefits: medical benefits, income benefits, and death benefits. When it comes to medical benefits, covered employees will continue to receive treatment for a workplace injury or illness for as long as it is medically necessary. An employee’s refusal to perform suitable light-duty work, however, can result in the stoppage of all benefits. Similarly, employees can collect reimbursement for lost wages, the amount of which will vary depending on the severity of the injury in question. In the event that a claimant disputes the income or medical benefits that he or she is awarded, that individual has the right to request a Medical Dispute Resolution.
Filing a Claim
Those whose employers have workers’ compensation coverage and who are injured on the job are required to take certain steps when filing their claims. This includes submitting an initial injury report within 30 days of the accident and the formal paperwork for the claim within a year of sustaining the injury. If, however, the nature of the injury or illness isn’t immediately apparent, those deadlines will begin running from the date on which the employee should have discovered the injury. Complying with these deadlines is extremely important, as those who fail to do so could lose their right to benefits entirely.
Call Today for Help with Your Case
To speak with an experienced Sealy workplace injury lawyer about filing a claim for medical benefits and wage loss replacement, please contact The West Law Office, PLLC. You can reach a member of our team by calling our office at 281-347-3247 today.