The ‘No-Fault’ Workers’ Compensation Law in Texas Could Be in Your Favor
Texas enacted its first workers’ compensation law in 1913 to protect employees injured in the course of their employment. Businesses that participate in the system are also protected, as their employees essentially give up the right to bring suit against the employer for negligence.
Today, Texas is the only state in the country that allows nearly all employers in the state to opt out of the workers’ compensation system. Many employers who choose not to participate in the system instead offer their employees alternative benefit plans, although they are not required by law to do so.
If you are a worker or the family member of a worker who’s been injured in a construction, offshore, or other work accident in a Texas city such as Houston, Galveston, Beaumont, or Pasadena, it’s crucial that you understand the Texas workers’ compensation system because it may provide financial benefits to you and your family.
What Is Meant By “No Fault”
One of the most important things to understand about the workers’ compensation system in Texas is that it is based on a “no-fault” system. This means that it is designed to provide for all injuries that occur in the course and scope of your employment, not just those that your employer might be responsible for causing.
So, even if you are partly or fully at fault for the incident that caused your work-related injury, you could still be eligible to receive financial compensation for your medical bills, lost wages, and more. There are certain exceptions, such as if you were intoxicated when the accident occurred or you were engaging in willful misconduct that led to the accident.
Given this, it’s important that you pursue the possibility of filing a Texas workers’ compensation claim if you’ve been seriously injured on the worksite, even if you might have caused the injury. However, the filing process can be complicated and fraught with red tape, so you may want to consider obtaining some legal assistance.
Getting the Help You Need
Are you frustrated with the lack of progress in your claim for workers’ compensation benefits? Or, has your claim been rejected and you must now file an appeal? An experienced Houston workers’ compensation attorney can guide you through the process in the most efficient and effective way possible. By hiring an attorney to assist you with your claim, you can turn your attention to recovering from your injuries and getting on with your life.
To talk with a lawyer who has 38 years of experience handling work-related legal cases in the Houston area, call Attorney Steve Lee at (800) 232-3711. Don’t wait. Call today for a free initial consultation.