Q: Do part-time workers qualify for workers’ compensation benefits?
Yes, part-time workers are generally eligible to receive workers’ compensation benefits in Texas. Even though part-time workers only receive part-time wages, they are still entitled to workers’ compensation benefits. However, this is only true if their employer has opted to participate in the workers’ compensation program.
It does not matter how many days or hours per week an employee works. Any employee, whether he is full-time, part-time, or seasonal, is eligible to receive workers’ compensation benefits after a workplace injury. The injury must occur while you are performing your required employment duties, and it must be serious enough to require professional medical attention.
Generally, the only workers not eligible for workers’ compensation include:
- Sole proprietors with no employees.
- The spouse, parent, or child of the employer.
- Volunteers who work without compensation.
- Independent contractors.
Texas is the only state in the nation that doesn’t require private employers to provide workers’ compensation insurance (although public employers and employers who have a building or construction contract with a governmental entity must provide workers’ compensation). The result is that millions of Texas employees are covered by their company’s privately-issued policy, rather than workers’ compensation insurance.
Unlike employers covered by workers’ compensation, employers with non-subscriber plans face the possibility of personal injury lawsuits if employees are hurt while on the job. Under the law, a worker can sue a non-subscriber to recover his medical expenses, payments for pain and suffering, and compensation for permanent disability. Furthermore, any employer who fails to provide workers’ compensation may be held liable for the full amount of damages if the company is at fault for the employee’s injuries.
You Need an Attorney
If you’ve been injured while working at your part-time job, you deserve compensation. You need an experienced attorney who will protect your rights and help you recover damages. To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.