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Phone: 713-921-4171
Steven M. Lee, PC

Q:
I was hurt at work, but am only a part-time employee. Am I eligible to receive workers’ compensation benefits?

A:

In order to receive workers’ compensation benefits, you must meet a few simple requirements. You have already mentioned two critical requirements—being an employee and being injured at work—so you are well on your way to qualifying! Let’s look at a few more requirements you need to meet in order to ensure that your claim will be accepted.

In order to be eligible for workers’ compensation benefits, your must be an employee of your company. Full time, part time, and seasonal employees fit the bill, as long as they are receiving a wage or salary and have taxes deducted from each paycheck. Contractors and volunteers are typically not eligible to receive benefits.

How and Where Your Injury Occurred Matters, Too

Your injury will only be covered by workers’ compensation if you sustained the injury while performing under the “scope of employment.” This means that if you were injured while you were at work and doing your job, your injury may be eligible for a claim. Even if the injury was your fault, Texas workers’ compensation laws ensure that you are covered, unless your injury was the result of intoxication or willful negligence.

This means that if you made a mistake while operating a machine that you were unfamiliar with and got injured, you could be covered. If you were goofing around with a friend and intentionally put yourself at risk, however, you are probably out of luck.

Act Fast, Because Time Is Not on Your Side

In Texas, you have 30 days from the date of your injury (or 30 days after learning that your illness or injury was work-related) to inform your employer. Generally speaking, though, you should report your injury as soon as possible to help ensure that your claim moves smoothly.

If you have more questions about your Texas workers’ compensation eligibility, our firm is happy to help. Just click on the live chat feature on this page to connect with us today!
 

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